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A 


COMPLETE  INDEX 

OF  THE  NOTES  IN 

ANNOTATED  CASES 

(American  and  English) 

Volumes  1  to  1918E 


BY 
EUGENE   G.   KREIDER 

MEMBER  OP  THE  BAR  OP  STATE  OP  WASHINGTON 


\ 

BANCROFT-WHITNEY  COMPANY  EDWARD  THOMPSON  COMPANY 
SAN    FRANCISCO,    CALIFORNIA  NORTHPORT,  L.  I.,  N.  Y, 

1922  1922 


CtopywGHT,  1922 

BY 

BANCBOPT-WHITNEY  GOMPA3>fT 


Sui  Fbakciscd 

The  Ptlmee.  Bboihsss  Ei«cteotype  CoiCEAavrr 

Typogkaphexs  ahd  Stbreotieees 


PREFACE. 


This  Index  has  been  compiled  after  a  careful  reading  of  all  the  notes  in 
the  fifty-three  volumes  of  Annotated  Cases.  It  covers  not  only  the  principal 
annotations  but  all  supplementary  matter,  even  though  such  matter  has  not, 
in  the  reports,  any  separate  headings.  This  Index  is  not  a  mere  compilation 
of  titles  of  notes  which  are  often  quite  general ;  full  reference  has  been  made 
to  discussions  comprised  in  the  notes  regardless  of  the  general  titles. 

The  system  of  cross-references  has  been  made  as  simple  as  possible,  the 
purpose  being  to  group  under  each  title  all  such  notes  as  are  cognate  to  its 
subject,  thus  avoiding  the  frequent  necessity  of  sending  the  searcher  from 
one  topic  to  another.  Further  than  this,  a  great  many  common  sense  or 
practical  headings  have  been  introduced,  in  order  to  put  the  searcher  more 
quickly  in  possession  of  the  application  of  a  legal  principle  to  the  particular 
question  he  has  in  mind. 

To  facilitate  search  for  particular  points  the  Index  references  have  been 
arranged  alphabetically,  thus  avoiding  the  necessity  of  reading  every  note 
under  a  topic  or  a  division  thereof  when  looking  for  a  certain  point. 

In  addition  to  this  Index  of  the  notes,  the  publishers  have  issued,  in  two 
volumes,  a  complete  Digest  of  the  cases  found  in  this  series  of  reports.  This 
Index  and  that  Digest  of  the  reported  cases  should  be  used  in  conjunction, 
for  in  this  book  the  notes  alone  are  referred  to. 

EUGENE  G.  KREIDER. 
(iii) 


INDEX  TO  THE  NOTES 

IN 

ANN.  CAS. 


1  ANN.  CAS.  TO  ANN.  CAS,  1918E 


A 


ABANDONMENT. 


Adverse  possession  of  land,  what  tempo- 
rary breach  in  possession  amounts  to 
abandonment.     1916A-606. 

Alienation  of  affections,  actual  abandon- 
ment as  prerequisite  to  action. 
1918A-647. 

Appeal,  effect  of  abandonment  on  liabil- 
ity of  sureties  on  appeal  bond. 
1916C-1226. 

Attorney's  contract  of  employment,  suf- 
ficiency of  grounds  for  abandonment. 
1912D-640. 

Bed  of  navigable  stream  abandoned  by 
change  in  course  as  affecting  title  of 
riparian    owner.     13-50. 

Cemetery,  what  constitutes  abandonment 
and  effect  thereof.     15-173. 

Child,  abandonment  as  affecting  necessity 
of  parent's  consent  to  adoption. 
1914A-222. 

Corporate  purpose,  abandonment  as 
ground  for  suit  by  minority  stock- 
holders to  wind  up  corporation. 
1918E-427. 

Cropper  contract,  effect  of  abandonment 
on  rights  of  parties.     1915A-1114. 

Domicile,  abandonment  as  affecting  di- 
vorce   decrees.     5-31. 

Eminent  domain,  abandonment  of  occupa- 
tion   by    condemnor    as    necessitating 
return     of     condemnation     money     by 
land    owner.     1917C-1136. 
Index  to  Notes — 1 


ABANDONMENT— Continued. 

Homestead,  acts  constituting  abandon- 
ment.    12-786. 

— ^^husband's  abandonment  as  depriving 
wife  or  family  of  rights  therein. 
11-423. 

— ^involuntary  or  compulsory  absence  as 
abandonment.     8-681;    1917E-112. 

Husband  and.  wife,  abandonment  of  wife 
who  has  separate  property  or  income. 
1916A-857. 

— criminal  offense,  abandonment  of  wife 
by  husband  as.     1912B-280. 

— failure  to  support  wife,  criminal  prose- 
cution as  barred  by  separation  agree- 
ment.    1912D-1096. 

— minor,  abandonment  of  wife  by. 
1914D-590. 

— venue  of  criminal  prosecution  of  hus- 
band for  abandonment  of  wife. 
1913C-596. 

— widow's  allowance  as  affected  by  volun- 
tary   separation.     1916C-866. 

Insurance  contract,  abandonment  by  in- 
surer as  ground  for  recovery  of  pre- 
miums  paid.     4-124. 

Joint  adventure,  rights  and  liabilities  of 
parties.  17-1026;  1912C-203;  1916A- 
1214, 

Landlord  and  tenant,  assignee's  abandon- 
ment of  leased  premises  as  relieving 
him  from  liability  for  rent.  1916E- 
805,  842. 

(1) 


2        INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


ABANDONMENT— Continued. 

— rights     and     remedies     of     landlord     on 

abandonment   of   premises   by   tenant. 

14-1088. 
— ^unsafe     premises,    right    of    tenant    to 

abandon  after  discovery  of  concealed 

defects.     1-680. 

Malicious  prosecution,  abandonment  of 
proceedings  as  termination  sufficient 
to  support  action  for  malicious  prose- 
cution.    1914B-1285. 

Mining  lease,  covenant  for  diligent  prose- 
cution of  work  as  affected  by 
abandonment.  2-446;  20-1170;  1917E- 
1146. 

Municipal  corporation,  abandonment  of 
commission  form  of  government. 
1917C-1120. 

Property,  right  of  finder  of  lost  or 
abandoned    property.     1-4;     11-706. 

Public  lands,  abandonment  of  homestead 
under  federal  law.     8-681. 

— exemption  from  prior  debts  as  affected 
by  abandonment  of  homestead  on 
government  land.     1912D-284. 

Public  officer,  abandonment  of  office  as 
affecting  right  to  enforce  subsequent 
restoration.     12-18. 

— salary,  right  to  as  affected  by  abandon- 
ment  of   office.     1918B-441,   452. 

Railroad  right  of  way,  circumstances  es- 
tablishing abandonment.     11-769. 

Salvage  recovery  as  affected  by  abandon- 
ment of  initiated  salvage  services. 
17-1159. 

State,  Spanish  or  Mexican  land  grants. 
19-375. 

Streets  and  highways,  compensation  for 
vacation  of  street,  persons  entitled 
to.     15-687;   1913I>-790. 

— power  to  vacate  streets.     2-87. 

Threatened  injury,  abandonment  as  af- 
fecting plaintiff's  right  to  injunctive 
relief.     1915D-1253. 

Vessel,  abandonment  as  authorizing  cargo 
owjner  to  treat  contract  of  affreight- 
ment as  ended.     4-412. 

Written  contract  for  sale  of  land,  neces- 
sity that  abandonment  be  in  writing. 
14-729. 

— sale  of  goods,  necessity  that  abandon- 
ment of  written  contract  be  in  writ- 
ing.   1918C-1213. 


ABATEMENT. 

Legacies   and   devises.     See   Wills. 

Nuisance.    See  Nuisances. 

Pleas  in  abatement.     See  Pleading. 

ABATEMENT  AND  REVIVAL. 

See  Actions  and  Proceedings;  Mandamus. 

ABBREVIATIONS. 

"Et  al.,"   substitution  in  place  of  names. 

14-571. 
"Etc.,"    legal    meaning.     1912C-172. 
"Jr.,"    effect    of    use    in    connection    with 

name.     1917A-1211. 
Judicial   notice.     17-492. 
O.   K.,   meaning   of.     1915C-197. 
"S,"  addition  or  omission  of  final  "s"  as 

affecting    application    of    doctrine    of 

idem   sonans^     1918A-351. 
"Sr.,"    effect    of    use    in    connection    with 

name.     1917A-1211. 


ABDOMEN. 

Injury  to  abdomen,  adequacy  of  verdict.' 
1916B-390. 


ABDUCTION. 

See  Kidnaping. 

Admiralty  jurisdiction  of  action  for 
abduction.     13-1218. 

Father's  right  to  maintain  civil  action 
for  damages  for  abduction  of  child. 
1914A-896. 

Mother's  right  to  sue  for  abduction  or 
enticing  away    of   child.     11-1172. 

Taking  from  custody  of  parent  as  ele- 
ment of  crime  of  abduction  of  child. 
1913A-585. 

ABILITY. 

Eepresentations  as  to  another's  ability  as 
required  to  be  in  writing  under  stat- 
ute of  frauds.  1-690;  12-332;  1914A- 
953. 

ABODE. 

See   Domicile;   Residence. 

Domicile   as    synonymous.     1915C-784. 
Meaning  of   term.     1912C-282. 


ABORTION— ABSENCE. 


ABORTION. 

'Accomplice,  woman  upon  whom  com- 
mitted  as.     12-1009;    1916C-629. 

Advertising,  prohibitory  statutes.  1916A- 
903. 

Cruel  and  unusual  punishment  for  in- 
ducing woman  to  take  drug  for  pro- 
ducing miscarriage,  what  constitutes. 
1916C-627. 

Dying  declaration,  admissibility  in  prose- 
cution.    6-70. 

Indictment,  means  used,  necessary  allega- 
tions as  to.     11-221;   1912D-1325. 

Inducement  to  commit  offense  with  view 
to  prosecution  therefor  as  defense. 
17-295. 

Necessity  for  abortion,  burden  and  suffi- 
ciency of  proof.     19-636. 

Pregnancy   as   element   of   crime.     21-522. 

Woman's  statements  made  before  or  after 
operation,  admissibility  in  evidence. 
11-217;    1913A-531. 


ABOUT. 

Quantity,  meaning  of  term  when  used 
with  reference  to.     1918D-693. 

Time,  meaning  of,  "about"  when  used 
with   reference   to   time.     17-742. 


ABRASIONS   AND 
SCRATCHES. 

Accident  arising  out  of  and  in  course  of 
employment,  within  Workmen's  Com- 
pensation   Act.     1913C-6. 

ABRIDGMENT  OF 
RIGHTS. 

Appeal.     See  Appeal  and  Error. 
Civil  rights.     See  Civil  Eights. 
Jury  trial.     See  Jury. 

ABROGATION. 

Estates   by    entireties.     2-559;    20-196. 

ABSENCE. 

Accused,  validity  of  sentence  in  absence 
of   accused.     6-453. 

Adverse  claimant  from  state  or  county  as 
interrupting  continuity  of  possession. 
1916A-611. 


ABSENCE — Continued. 

Death  presumed  from  absence,  facts 
which  must  be  shown  in  connection 
with  absence  to  establish.  7-573;  14— 
242;    19156-682;   1918D-758. 

— ^less  than  seven  years'  absence,  facts 
sufficient  to  raise  presumption  of 
death.     1916B-67. 

— time  of  death  within  rule  of  presump- 
tion of  death  from  absence.  1917A- 
82. 

Flagman  absent  where  one  usually  sta- 
tioned, as  evidence  of  negligence. 
4-296. 

Homestead  abandonment  or  forfeiture  as 
created  by  involuntary  or  compulsory 
absence.     8-681;   1917E-112. 

Husband,  absence  as  clothing  wife  witn 
implied  authority  as  agent.  1913C- 
880. 

Judge,  duty  not  to  absent  self  from  trial. 
2-8;   16-627. 

Leave  of  absence  to  officer  or  employee 
with  pay,  right  of  school  or  other 
municipal  authorities  to  grant. 
1915B-796. 

Limitation  of  action,  exception  in  stat- 
ute as  to  time  defendant  is  absent 
from  state  as  applicable  to  non- 
residence  at  time  of  accrual  of 
action.     1912D-467. 

— judgment  debtor's  absence  as  affecting 
running  of  statute  against  action  on 
judgment.     1914D-743. 

— mortgagor's  absence  from  state  as  sus- 
pending running  of  statute  against 
foreclosure.     8-1173. 

— return  of  debtor  to  state  sufficient  to 
start   statute   running.     14-941. 

Party,  witness  or  counsel  absent  in  di- 
vorce case  as  ground  for  continuance. 
1914B-360. 

Public  officer,  meaning  of  "absent"  or 
"absence"    as   applied   to.     1912C-351. 

Servant,  absence  as  ground  for  discharge. 
1916A-1024. 

Settled  pauper,  absence  as  affecting 
settlement  rights  on  division  of  dis- 
trict.    10-34. 

Teacher,  absence  as  affecting  right  to 
make  reduction  from  compensation. 
1914D-141. 

Witnesses,  competency  of  former  testi- 
mony of  absent  witness  in  criminal 
case.     1-471;    13-973;    1913C-464. 

— continuance  of  case  as  avoided  by  ad- 
mitting proposed  testimony  of  absent 
witness.     1913C-488. 


4        INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


ABSENCE — Continued. 

— evidence  to  explain  absence  of  witness. 

1912B-1014. 
— ^wills,    mode    of   probate    in   absence    of 

witness.     1914C-905. 


ABSENT  FROM  STATE. 

Meaning  of  term.    1912D-471. 

ABSENT  WITNESS. 

Testimony  on  former  trial,  competency  in 
criminal  cases.  1-471;  13-973;  19i3C- 
461. 

ABSOLUTE. 

Meaning  as  applied  to  duty  or  liability. 
1916B-296. 

ABSOLUTE  DEED. 

See  Mortgages. 

ABSTRACT  PROPOSITIONS. 

See  Instructions. 

ABSTRACTS  OF  TITLE. 

Abstractor's  liability  on  account  of  ab- 
stract made  by  Mm.  12-410;  1912B- 
840;   1915D-448;    1918E-93. 

Examiners  of  title  under  Torrens  Acts, 
1913C-872. 

Negligence  in  preparation  or  examination, 
right  of  third  party  to  recover  dam- 
ages.    1-755. 

Professional  abstractors,  right  to  make 
abstracts  of  public  records  without 
payment    to    custodian.     6-543. 

Title  insurance  company  as  abstractor. 
1914D-646. 

ABUSE  OF  PROCESS. 

Executor  or  administrator,  personal  lia- 
bility to  third  person  for  abuse  of 
process.     21-357. 

Malicious  abuse  of  process  and  malicious 
prosecution,  distinction  between.  3- 
722;  1915A-831. 

ABUSIVE  LANGUAGE. 

See  Breach  of  Peace;  Disorderly  Conduct. 


ABUTTING  OWNERS. 

See    Streets    and    Highways. 

Access  to  public  grounds,  vested  right  of 
abutting  owner.     1915C-177. 

Areaway  in  sidewalk,  right  to  construct. 
2-366;  20-543. 

Bridge  over  street,  right  of  abutting 
owner  to  erect.     17-246. 

Building  materials  stored  in  street,  duty 
of  abutting  owner,  as  to  safeguarding 
and  removing.     2-503;    10-918. 

Coal-hole  in  sidewalk,  liability  of  abut- 
ting owner  for  injury  sustained  by 
pedestrian.     19-467. 

Damages,  exoneration  between  city  and 
abutting  owner.  1-945;  14—1047; 
191SC-1144. 

Earth  and  minerals  in  highway,  rights  of 
abutting  owner.     2-596;  11-445. 

Intoxicating  liquor  license,  consent  of 
abutting    owners    to    issuance.     1-60. 

Municipal  officer  or  employee  repairing 
public  highway,  injury  to  abutting 
owner  by  wrongful  act,  liability  of 
municipality.     21-1346. 

Obstruction  in  highway  interfering  with 
access  to  property,  right  of  abutting 
owner  to   abate   as  nuisance.     11-287. 

• — of  street  in  violation  of  ordinance  as 
negligence  on  part  of  abutting 
owner.     1912A-795. 

Kailroads,  damages  caused  abutting  owner 
arising  from  blasting,  depositing  rock 
or  earth,  obstructing  access  to  land 
or  changing  grade  by  construction  of 
railroad  on  right  of  way,  liability 
for.     19-339. 

— laying  tracks  in  street,  right  of  abut- 
ting owner  to  enjoin.  13-23;  1913E^- 
874. 

Shade  trees,  rights  of  abutting  owner  in. 
1-785. 

Snow  and  ice,  right  to  deposit  on  street. 
1913D-187. 

Special  assessment  against  abutting  prop- 
erty for  laying  water  pipes  in  street, 
right   of.     5-905. 

— personal  liability  of  abutting  owner  for 
special   assessment.     17-1255. 

Telegraphs  and  telephones,  compensation 
of  abutting  owner  for  occupation  of 
highway  for  telegraph  line  under  act 
of   Congress.     1-533. 

— cutting  down  telegraph  or  telephone 
pole  erected  on  or  in  front  of  prop- 
erty, right  of  abutting  owner.  14- 
579. 


ABUTTING  PROPERTY— ACCEPTANCE. 


ABUTTING  OWNERS — Continued. 
Transfer  of  rights  in  street,  validity  and 
eflEect  of   contract.     1912A-1179, 

Trees  injured  in  use  of  streets  by  public 
service  corporations,  liability  to  abut- 
ting owner.     2-642;  12-251. 

Vacation  of  street,  right  of  abutting 
owner  to  compensation.  15—687; 
1913I>-79jO;    1916C-238. 

ABUTTING  PROPERTY 

Park  frontage  as  constituting.     1-60. 

ACCELERATION. 

Death  of  diseased  or  injured  person,  ac- 
celeration  as  homicide.     4-958. 

Maturity  of  debt,  provision  for  accelera- 
tion on  default  in  payment  of  inter- 
est or  instalment  of  principal  as 
usurious.     1917D-725. 

Mortgage  debt,  effect  of  acceleration 
clause  on  accrual  of  action.     2-854. 

Remainders,  acceleration  of  remainder. 
1913iM21;  1914A-S56. 


ACCEPTANCE. 

Baggage  check  accepted  by  carrier  as 
constituting   delivery.   '  14-913. 

Beneficial  associations,  acceptance  of  ar- 
rearages due  on  beneficiary  certifi- 
cate as  waiver  of  forfeiture  for  non- 
payment.    11-539. 

Bill  of  exchange,  acceptance  as  effected 
by  retention  or  refusal  to  return.  8- 
612. 

— construction  of  acceptance  conditioned 
on  possession  or  availability  of  funds, 
1918A-941. 

Bill  of  lading  or  receipt,  acceptance  as 
raising  presumption  of  shipper's  as- 
sent to  contract  limiting  carrier's  lia- 
bility to  value  expressed.  1913D- 
984. 

Building  contracts,  use  of  structure  or 
work  by  owner  as  constituting  ac- 
ceptance sufficient  to  waive  nonper- 
formance of  contract.     15-972. 

Checks,  sufficiency  of  acceptance  of  bank 
check  to  bind  drawee.     11-284. 

Corporation,  acceptance  of  office  in. 
1917D-516. 


ACCEPTANCE— Continued. 

Dedication,  implied  acceptance  by  pub- 
lic user  of  land  dedicated  to  public 
use.     3-792. 

— necessity  for  acceptance  by  municipal- 
ity where  land  is  dedicated  to  public 
use.     1917D-452. 

Deed,  acceptance  by  municipality  or 
other  corporate  body,  what  consti- 
tutes.    1914D-507. 

— grantor  as  agent  of  grantee  for  purpose 
of  acceptance.     12-1072. 

• — presumption  of  delivery  and  acceptance 
of  deed  from  parent  to  iiifant  child. 
1912A-230. 

Delivery  of  goods  to  carrier  as  constitut- 
ing acceptance  within  statute  of 
frauds.     2-545. 

Deposit  in  bank  as  gift,  necessity  of  ac- 
ceptance  by   donee.     1917E-369. 

Guaranty,  acceptance  contemporaneous 
with  offer  as  basis  for  absolute  guar- 
anty.    15-1165. 

Insurance  contract,  acceptance  as  con- 
stituting consummation  of  contract. 
9-221. 

Juror,  acceptance  as  waiver  of  right  of 
peremptory    challenge.     19-768. 

Landlord  and  tenant,  entry  by  landlord 
for  purpose  of  repairing  premises  as 
constituting  acceptance  of  tenants' 
surrender  of  lease.     1912D-974. 

— waiver  of  breach  of  cotenant  against  as- 
signment or  subletting  by  acceptance 
of    rent.     1913A-1202. 

Municipal  corporation,  acceptance  of  de- 
fective street  work  by  independent 
contractor  as  affecting  municipal  lia- 
bility.    16^38. 

Option,  manner  of  accepting  as  affecting 
right    to    enforce.     1913A-365. 

Principal  sum  due,  acceptance  as  waiver 

of  interest.     1912B-1333. 
Eesignation    from   public    office,   necessity 

of   acceptance.     13-873. 

Sales,  act  of  buyer  in  selling  or  offering 
to  sell  goods  as  sufficient  acceptance 
to  satisfy  statute  of  frauds.  1913B- 
275. 

■ — consummation  of  contract  of  sale  by  ac- 
ceptance of  offer  once  rejected. 
1917C-987. 

— instalment  of  goods  accepted  as  pre- 
cluding rejection  of  later  instalments. 
20-528. 


INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


ACCEPTANCE— Continued. 

■ — samples  accepted  as  constituting  sale  of 
goods  within  statute  of  frauds.  4- 
187. 

— Uniform  Sales  Act,  as  affecting  accept- 
ance of  goods.     1918D-403. 

— vendee's  discovery  of  mistake  in  price 
at  which  offered,  effect  of  acceptance. 
13-1149. 

Stock  certificate,  acceptance  by  sub- 
scriber as  constituting  him  a  stock- 
holder.    1913C-420. 

Subscription,  necessity  and  sufficiency  of 
acceptance  to  render  enforceable. 
17-1076. 

iWill,  acceptance  of  benefit  under  will,  as 
estoppel  to  object  to  disposition  by 
testator  of  property  of  beneficiary. 
9-956;   21-556. 

Workmen's  Compensation  Act,  election  of 
parties  to  accept,     1915C-308. 

[Written  offer,  necessity  of  written  ac- 
ceptance to  constitute  sufficient  mem- 
orandum under  statute  of  frauds. 
1913A-1041. 

ACCESS. 

Husband's  access  as  affecting  adniissibil- 
ity  of  evidence  of  acts  of  illicit  in- 
tercourse by  another  on  issue  of  legi- 
timacy of  child  born  in  lawful  wed- 
lock.    1916A-1187. 

Interference  of  abutting  owner's  right  of 
access  to  property  by  obstruction  of 
street   as   abatable   nuisance.     11-287. 

Obstruction  of  access  by  constructing 
railroad  on  right  of  way,  liability  for 
damages.     19-340. 

Public  grounds,  abutting  owner's  right  of 
access.     1915C-177. 

Eiparian    proprietor,    right    of    access    to 

waters.     1-1  S'4. 
t — ^right    of    access    as    including   right    to 

construct  wharf  or  pier.     11-11. 


ACCESSION. 

See  CoDfoslon  of  Goods. 

Property  mortgaged  or  sold,  right  of 
chattel  mortgagee  or  conditional  ven- 
dor to  accession  thereto,     1917C-1170. 


ACCESSORIES. 

See   Criminal   Law. 


ACCIDENT. 

See  Negligence, 

Absence  of  accident  as  admissible  evi- 
dence  in   negligence   actions.     5-1014. 

Accidental  discharge  of  firearm,  while 
hunting,  civil  liability  for  shooting 
another,     1918C-386. 

Animal  insurance,  accident  as  cause  of 
loss  under  policy.     1915A-616. 

Automobile  insurance  against  casualty. 
1917D-57. 

Confusion  of  goods  resulting  from  mis- 
take or  accident.  1913E-678;  1918A- 
746, 

Contract,  accident  as  excuse  for  nonper- 
formance,    1^66. 

Disease  as  accident,  2-140;  15-886; 
1913A-1121;   1918B-297,  345,  354, 

Disease  resulting  from  accident  as  within 
terms  of  accident  insurance  policy. 
5-87. 

Employers'   Liability   Act,   what   is   "acci- 
dent arising  out  of  and  in  course   of 
employment"       within       act,     1914D- , 
1284, 

Extraordinary  accident,  anticipation  as 
affecting  municipal  liability  for  main- 
tenance   of    bridge,     15-842. 

Homicide,  accident  as  defense,  necessity 
of    proving    motive,     1912C-23S. 

— burden  of  proof  on  issue  of  accidental 
killing,     11-309. 

— involuntary  manslaughter,  when  acci- 
dental discharge  of  weapon  consti- 
tutes.    1-34. 

Hours  of  Service  Act,  unavoidable  acci- 
dent as  excuse  for  failure  to  comply 
with    federal    act.     1915D-464, 

Injunction,  accident  as  ground  for  en- 
joining pro'ceedings  in  court  of  law, 
5-727. 

Lease,  meaning  of  accident  as  used  therein, 
1913A-1101. 

Notice  of  accidental  injury  required 
under  employers'  liability  insurance 
policy,  construction  and  effect  of  con- 
dition.    1914A-271. 

Place  of  accident,  meaning  of  word 
"near"  with  respect  to  description  of 
place.     1913D-121. 

Presumption  of  accident  from  unex- 
plained disappearance  of  person. 
1912C-901. 

Prior  accident  at  same  place  on  defective 
street,  admissibility  in  evidence.  16- 
636. 


ACCIDENT  INSURANCE. 


ACCIDENT — Continued. 

Workmen's  compensation,  accident  aris- 
ing out  of  and  in  course  of  employ- 
ment within  meaning  of  act.  1913C— 
4;  1914B-498;  1916B-1293;  1918B- 
768. 


ACCIDENT  INSURANCE. 

"Accidental  means"  of  injury,  intentional 
exertion  as  constituting  within  mean- 
ing of   policy.     1-789;    1917A-88. 

Application,  statutes  requiring  copy  at- 
tached or  delivered  with  policy.  14- 
1095. 

■Autopsy  or  examination  of  body  of  in- 
sured, construction  of  provision  in 
policy  giving  insurer  right.  1916A- 
156. 

Blindness  or  defective  vision  as  sickness, 
disease  or  bodily  infirmity.  1913A- 
766. 

Blood  poisoning,  accidental  fall  abrading 
the  skin  as  within  exception  of  poi- 
soning or  disease  clauses.  5-158";  7- 
4S7. 

— resulting  from  intentional  battery,  as 
accidental  means.     6-958. 

"Confined  to  house,"  meaning  of  term  or 
similar  phrase  in  policy.  18-1111; 
1915A-262;    1918C-531. 

Creditor's  bill,  interest  under  accident 
policy  as  reachable  by.     1914B-959. 

Death  as  accidental,  burden  of  proof  and 

sufficiency  of    evidence.    9-916;  1916B- 

229;  1918B-1125. 
— disease    causing    death,    construction    of 

clause     in     policy     excepting.     5-86; 

1917C-463. 

Disease    as    accident    within    meaning    of 

policy.     2-140;     1913A-1121;     1918B- 

298. 
— accident     causing     disease      as     within 

terms     of      policy      excepting      death 

caused  by  disease.     5-87. 

Double  indemnity  when  insured  is  in- 
jured while  "riding  as  passenger," 
etc.,  construction  of  provision  in  pol- 
icy.    1913A-840. 

Evidence  of  accidental  death  under  pol- 
icy, burden  of  proof  and  sufficiency 
of  evidence  to  show.     9-919. 

Eyesight,  what  constitutes  loss.  191SA- 
531. 


ACCIDENT  INSURANCE— Continued. 

Eye-witness  of  accidental  character  of 
injury,  validity  and  construction  of 
clause  in  policy  requiring.  1915C- 
817. 

Fighting,  injuries  received,  right  to  re- 
cover   under    policy.     1916C-579. 

Fires,  injury  "caused  by  burning  of  build- 
ing" or  similar  phrase,  construction  of 
provision  in  policy.  1913A-554; 
1917C-410. 

Fits,  injuries  from  fits,  construction  of 
provision  in  policy  with  respect  to. 
1914C-312. 

Hernia  clause  in  policy,  construction. 
1918A-710. 

"Immediately"  or  "at  once,"  meaning  as 
used  in  policy  with  respect  to  disabil- 
ity following  accident.  1914D-380; 
1917D-854. 

"Intentional  act"  of  insured  or  another, 
construction  of  policy  provision  relat- 
ing to  injury  resulting  from.  1914C- 
1236. 

Intoxication,  exception  as  to  death  or  in- 
jury while  "intoxicated"  or  "under 
the  influence  of  intoxicants,"  con- 
struction  of   policy.     13-516. 

Limitation  on  suit,  when  begins  to  run 
against  policy  providing  period  in 
which  action  must  be  brought.  8- 
1065. 

Loss  or  severance  of  limb  or  member, 
what  constitutes  within  meaning  of 
policy.     1917B-1008. 

Notice  of  accident  within  time  prescribed 

by   policy    as    condition   precedent    to 

'    recovery.     14-292;    1914D-412. 

— waiver    of    policy    provision    requiring 

notice  of  injury.     21-919;   1917A-114. 

Occupation  of  insured,  what  constitutes 
breach  of  condition  of  policy  relating 
to.     7-568;   1916B-739. 

Poisoning  from  contact  with  poison  ivy 
as  not  bodily  injury  by  external 
means.     3-934. 

— resulting  from  voluntary  act  as  within 
accident   insurance   policy.     1-255. 

"Public  highway,"  meaning  of  term  aa 
used  in  accident  insurance  policy. 
1912C-607. 

Sleeping,  injuries  sustained  during  sleep, 
liability  of  insurer  against  accident. 
6-554. 


8        INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918B. 


ACCflDENT  INSUEANCil—  Continued. 

Standard  policy,  construction  of  statute 
requiring.     1916D-670. 

Subrogation  of  company  to  rights  of  in- 
eured  against  person  causing  injury, 
right  of.     16-635. 

Sunstroke  clause  in  policy,  construction 
of.     10-854;   1918A-523. 

Time  to  bring  suit,  waiver  of  provision  in 
policy  limiting.     1916C-449. 

"Total  disability"  clause  in  policy,  con- 
struction.    7-S15;  21-1031;  1918C-113. 

Visible  injury  or  similar  term,  construc- 
tion of  provision  in  insurance  con- 
tract.    1915A-537. 

"Voluntary  exposure  to  unnecessary  dan- 
ger," construction  of  term  as  used  in 
poUcy.     10-451;    18-1125;    1916B-273. 

Walking  or  being  on  railroad,  construc- 
tion of  exception  in  policy  in  case  of 
accident  to  insured  while  so  engaged. 
12-44;   1913C-426. 

Workmen's  compensation,  right  to  award 
as  affected  by  receipt  of  accident  in- 
surance.    1918B-635. 

"Wound,"  what  constitutes,     12-184. 

ACCOMMODATION  PAPER. 

See   BUls   and  Notes. 

ACCOMMODATION  PARTIES. 

See   Ellis  and   Notes. 

ACCOMPLICES. 

See  Criminal  Law. 


ACCORD  AND  SATISFAC- 
TION. 

See  Compromise  and  Settlement;   Selease 
and  Discharge. 

Claim  against  government,  state,  county 
or  municipality,  part  payment  as  sat- 
isfaction.    1914D-824. 

Disputed  claim,  part  payment  as  satis- 
faction.    1-801;     16-194;     1915A-951. 

Interest,  payment  of  principal  as  satisfac- 
tion precluding  recovery  of  implied 
interest.     1913E-5S6. 

Partial  performance  following  accord  as 
constituting    satisfaction.     1914C-152. 


ACCORD  AND  SATISFACTION  —  Con- 
tinued. 

Promise  accepted  in  satisfaction  of  debt 
as    executed    accord.     6-564. 

Eeceipt  in  full  on  part  payment  as  satis- 
faction of  liquidated  and  undisputed 
debt.     5-525;    1917A-130. 


ACCOUNTANTS. 

Expert  accountant,  failure  to  disclose 
true  status  of  accounts,  liability. 
1914C-722. 

— fees,  personal  liability  of  attorney  for. 
1917B-525. 

— ^power  of  county  or  municipality  to  em- 
ploy for  examination  of  public  ac- 
counts and  records.  1913B-1087; 
1916B-1035. 


ACCOUNTS  AND   AC- 
COUNTING. 

See  Books  of  Account. 

Account  stated  between  stock  broker 
and   customer.     1915B-924. 

— items  of  accounts  of  both  parties,  ne- 
cessity of  inclusion.     20-626. 

1 — pass-book,  estoppel  of  bank  to  im- 
peach.    18-331. 

— rule  that  receipt  of  statement  of  ac- 
count without  protest  amounts  to  ad- 
mission of  its  correctness.  1915A- 
694. 

Affirmative  relief  in  action  for  account- 
ing, right  of  defendant  in  absence  of 
claim.     13-648. 

Agent,  right  to  file  bill  against  principal 
for  accounting.     1914B-1028. 

Book  accounts,  manner  of  pledging  or  as- 
signing.    18-446. 

Clearing-house,  adjustment  and  return  of 
repudiated   items.     1914C-522. 

Computation  by  witness  from  accounts 
as  admissible  in  evidence.  1912D- 
1354. 

Evidence,  admission  of  correctness  of  ac- 
count made  in  connection  with  offer 
of  compromise  as  aduissible  in  evi- 
dence.    1918E-446,  456. 

— ^books  of  account,  deceased  party,  ad- 
missibility in  evidence.     12-77. 

— original  entry,  necessity  that  book  of 
accounts  offered  in  evidence  consti- 
tute.    2-842. 


ACCRETIONS— ACCUSED  PERSONS. 


ACCOUNTS    AND     ACCOUNTINO— Con- 

tinued. 

Executors  and  administrators,  lapse  of 
time  as  barring  right  to  compel  per- 
sonal representative  to  account.  15- 
4S1. 

— proceeds  of  sale  of  realty,  duty  of  ex- 
ecutor who  is  sole  devisee  to  account. 
1914A-194. 

■ — right  to  appeal  from  judgment  rendered 
on   account.     1913C-858. 

Guardian,  duty  to  account  with  respect 
to  transactions  after  ward's  majority. 
19-509. 

— lapse  of  time  as  affecting  right  to  open 
guardian's  account  or  settlement. 
1917A-648. 

Joint  adventure,  settlement  of  accounts. 
17-1026;     1912C-204;     1916A-1215. 

Lien  of  attorney  on  account  in  his  pos- 
session connected  with  litigation. 
1917D-149. 

Life  insurance,  profits  or  surplus  in  com- 
pany, right  of  policy-holder  to  equi- 
table   relief    for    accounting.     10-403. 

Master's  right  to  accounting  on  servant's 
breach  of  employment  contract  in 
failing  to  devote  full  time  to  mas- 
ter's   service.     1913B-511. 

Mortgage  assignment,  state  of  accounts 
as  governing  rights  of  assignee. 
1918C-480. 

Mutual  accounts,  what  are.     1913D-816. 

Partnership,  action  between  partners  for 
accounting,  and  settlement  after  dis- 
solution, running  of  statute  of  limita- 
tions  against.     1918D-1107. 

— illegal  transactions,  right  of  partner  to 
accounting.     lS-407. 

— secret  profits  of  partner,  duty  to  ac- 
count.    1914D-433. 

Eunning  account,  liability  on  running 
account  as  existing  or  prior  debt 
within  rule  as  to  fraudulent  convey- 
ances.    1913C-1376. 

Tenancy  in  common,  liability  of  tenant 
in  common  to  account  for  rents  and 
profits  in  absence  of  express  agree- 
ment.    18-1082. 

Unfair  competition  or  infringement  of 
trademark,  power  of  court  to  decree 
accounting  in  action  for  damages. 
20-59. 


ACCRETIONS. 

Apportionment  between  riparian  propri- 
etors, rule  for.  1914A-481;  1918E- 
998. 

Conveyance  as  including  prior  accretions. 
1918E-244. 

Eock,  stones  or  dirt  dumped  on  land  as 
becoming    part    thereof.     1914C-1154. 

ACCRUAL  OF  ACTIONS. 

See  Actions  and  Proceedings;  Limitation 
of  Actions. 


ACCUMULATIONS. 

Advancement,  power  of  court  to  make  out 
of  accumulations  for  benefit  of  cestui 
que  trust.     1914A-1047. 

Annuity,  right  of  annuitant  in  subsequent 
accumulations.     1914A-210. 

Tncome,  right  to  accumulations  where  not 
expressly  disposed  of  by  will.  1914B- 
86. 


ACCUSATIONS. 

Admissibilify  in  evidence  if  undenied.    ^ 
1042. 


ACCUSED  PERSONS. 

Carrying  weapons  when  arrested,  admis 
sibility  of  evidence  as  proof  of  guilt. 
15-1057. 

Confession  of  accused  person,  admissibil- 
ity against  himself  and  codefendant. 
4-9  IS. 

— insanity  at  time  of  confession,  right  to 
show.     16-1086. 

— voluntary  character  of  confession,  right 
to  introduce  evidence  to  show.  15- 
184. 

Confronting  witness,  inability  to  under- 
stand language  of  witnesses  as  de- 
priving accused  of  constitutional 
right  to  confront  witnesses.  1913D- 
673. 

— right  of  accused  to  confront  witness  as 
affected  by  use  of  deposition.  1916A- 
1091. 

Coroner's  inquest,  right  to  appear  by 
counsel.     1916D-394. 

Counsel,  benefit  of  counsel  before  plead- 
ing, right  of  accused.     1918D-287. 


•10      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


ACCUSED  PERSONS — Continued. 

■ — consultation  or  sitting  with  counsel  dur- 
ing trial,  right  of  accused.  1916D- 
204. 

Dismissal  of  information  based  on  self- 
incriminating  evidence,  right  of  ac- 
cused.    1914C-418. 

Failure  to  testify,  comment  by  prose- 
cutor.    3-164;    20-1273. 

■ — instruction  as  to  failure  of  accused  to 
testify.     3-909;    8-279;    10-950. 

Fair  trial,  duty  of  prosecuting  attorney 
toward    accused.     21-333. 

Flight  of  accused  after  admission  to  bail, 
admissibility  of  evidence.     18-901. 

Good  character,  failure  to  produce  evi- 
dence as  warranting  comment  by 
prosecutor.     19-407. 

Identification  of  accused  by  voice.  14- 
8^;  20-403. 

Indictment  based  on  testimony  given  by 
accused    before    grand   jury,   validity. 
6-606. 

Names    of    state's    witnesses    and    oppor- 
tunity  to  inspect   articles   to  be   used 
in  evidence,  right  of  accused.    1914B- 
.    902. 

Offer  of  compromise  of  charge  and  admis- 
sions in  connection  as  admissible  in 
evidence.     16-458. 

Photographing     accused     as     invasion     of 

privacy.     8-1176;    16-1125. 
Physical   examination,   power   of   court   to 

compel      defendant     to      submit      to. 

1912D-227. 

Place  of  trial  in  federal  courts,  rights  as 

to.     17-1117. 
Preparation  for   trial,   waiver  of  right  to 

time    for.     17-522. 

Presence  of  accused,  sentence,  right  of 
accused  to  be  present  at  time.  6- 
451;   11-813. 

— verdict,  waiver  of  right  to  be  present 
at    rendition.     13-1213;     1915B-447. 

— waiver  of  right  to  be  present  at  trial. 
1913C-1146;   1918E-375. 

Property  taken  from  premises  or  person 
of  accused,  admissibility  in  evi- 
dence.    15-1206. 

Public  trial,  right  to  as  affected  by  exclu- 
sion of  persons  from  courtroom  9- 
111. 

Self-incrimination,  constitutional  protec- 
tion against   as   violated   by   demand 


ACCUSED  PERSONS— Continued. 

in  presence  of  jury  to  produce  docu- 
ments, or  incriminating  evidence. 
1912D-261;    1918B-512. 

Trial  not  had  within  constitutional  or 
statutory  period,  remedy  of  accused. 
1912D-1273. 

Trying  own  ease  without  attorney,  right, 
and    effect    thereof.     1913C-739. 

View  in   absence   of  accused.     1915B-568. 

Waiver  of  constitutional  privilege  by  ac- 
cused testifying  in  his  own  behalf. 
2-247;   11-822. 

Witnesses,  failure  to  call  wife  as  witness, 
right  of  counsel  to  comment  on.  17- 
421;    1913D-559. 


ACKNOWLEDaMENTS. 

Attorney  in  fact,  proper  method  of  exe- 
cution.    1913D-103. 

Authority  of  officer  to  take,  necessity  of 
certificate    of   authority.     1915D-1233. 

Certificate  of  acknowledgment,  false  or 
defective,  liability  of  officer.  13- 
717;    1915C-1027. 

— omission  of  name  of  grantor  or  mort- 
gagor,   effect.     2-990. 

— recital  of  act  being  within  officer's 
jurisdiction,    necessity.     10-129. 

— resort  to  instrument  in  aid  of  certifi- 
cate attached  thereto.  2-990;  191 8C- 
347. 

Chattel  mortgage,  necessity  and  suffi- 
ciency.    1915D-304. 

—officer    qualified    to   take.     1915D-308, 

Deeds,  date  of  delivery  as  determinable 
by  date  of  acknowledgment.     15-149. 

Deputies,  power  to  take  acknowledg- 
ments.    3-299. 

Failure  of  maker  to  subscribe  name  as 
cured  by  acknowledgment  of  instru- 
ment.    1913A-398. 

Impeachment  of  acknowledgment,  evi- 
dence requisite.     7-249;   1917A-368. 

Lease,  necessity  for  acknowledgment. 
1918D-161. 

Married  woman,  defective  acknowledg- 
ment of  deed  or  contract,  rights  of 
parties.     1918E-648. 

— want  of  acknowledgment  rendering 
deed  or  contract  invalid,  rights  of 
parties.     1918E-631. 


ACQUAINTANCES— ACTION  ON  CASE. 


11 


ACKNOWLEDGMENTS— Continued. 

OflScer    executing    instrument,    validity    of 

acknowledgment     taken,    by     himself. 

1&12B-332. 
— validity  of  acknowledgment  before   one 

whose  right  to  office  has   ceased.     5- 

461. 

Partnership  instrument,  sufficiency  of  ac- 
knowledgment.    1913A-1084. 

Proof  of  acknowledgment  of  instrument 
by  evidence  other  than  certificate. 
1912A-1098. 

— parol  evidence  as  admissible  to  show 
that  certificate  of  acknowledgment 
was  taken  within  officer's  jurisdic- 
tion.    10-129. 

Eecording  of  instruments  without  ac- 
knowledgment or  defectively  acknowl- 
edged.    1913B-1073. 

Btockholder  or  officer  of  corporation  in- 
terested in  instrument  as  disqualified 
to  take  acknowledgment  thereof. 
16-140;    1913D-373;   1916I>-705. 

Telephone  acknowledgment,  validity. 
1912C-330. 

Woman  notary,  validity  in  foreign  juris- 
diction of  acknowledgment  before. 
1914C-204. 


ACQUAINTANCES. 

A^e  of  person,  competency  of  acquaint- 
ance to  testify  to.     1918A-264. 

Witness  to  will,  necessity  of  acquaint- 
ance with  testator  previous  to  sub- 
scription.    17-686. 


ACQUIESCENCE. 

See  Estoppel. 

Infant  after  coming  of  age  as  ratification 
of  deed.     1912C-775. 

Infringement  of  trademark  or  trade 
name,  loss  of  right  to  relief  by  ac- 
quiescence.    18-459. 

Legislative  acquiescence  in  decision, 
application  of  doctrine  of  stare  de- 
cisis.    2-725. 

Nuisance,  acquiescence  in  erection  of 
structure  as  precluding  objection 
thereto   as   nuisance.     191GC-1235. 

Eestrictive  covenant,  breach  as  waived 
by  acquiescence  in  violation.  1-603; 
14-760;  1915B-147. 


ACQUIESCENCE— Continued. 

Parent's  acquiescence  in  employment  of 
minor  child  as  affecting  liability  of 
master  for   injuries.     1913C-235. 

Statutes,  long  acquiescence  in  validity  as 
affecting  their  constitutionality.  16— 
877;    1912A-505. 


ACQUITTAL. 

Attorney,  disbarment  proceedings  as  af- 
fected by  acquittal  for  same  offense. 
10-886. 

Instruction  for  acquittal  in  case  any  in- 
dividual juror  entertains  a  reasonable 
doubt   as  to   guilt,   effect.     11-435. 

Judgment  of  acquittal  as  res  'judicata  in 
civil   or  penal   action.     5-78. 

Malicious  prosecution,  acquittal  as  evi- 
dence of  want  of  probable  cause. 
18-65;    1916E-376. 

Perjury  committed  during  trialj  prosecu- 
tion as  barred  by  acquittal.  1-163; 
17-754. 


ACREAGE. 

Conveyance  of  part  of  tract  of  land  by 
acreage  or  fraction,  effect.  2-918; 
1&15A-1276. 

Mistake  in  quantity  of  land  as  ground 
for  rescission  of  sale.     4-52. 


ACTION. 

"From"  as  word  of  inclusion  or  exclusion 
in  computation  of  time  of  an  act. 
15-28. 

Malicious  motive  as  rendering  act  unlaw- 
ful.    1-250;    16-810;    1912D-798. 


ACTIONABLE  WORDS. 

See  Libel  and   Slander. 


ACTION  ON  CASE. 

Action  on  case  by  debtor  against  credi- 
tor for  wrongful  levy  after  debt  has 
been    paid.     19-368. 

Eemainderman,  rig'ht  of  action  for  in- 
juries  to   realty   by   stranger.     6-145. 


12      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


ACTIONS  AND  PRO- 
CEEDINaS. 

1.  Nature  of  Proceeding. 

2.  Form   of   Action. 

3.  Accrual  of  Cause. 

4.  Conditions   Precedent. 

5.  Joining  and  Splitting. 

6.  Defenses  to  Actions. 

7.  Abatement  and  Revival. 

8.  Survival  of  Actions. 

9.  Discontinuance. 

10.  Assignment  of  Right  of  Action. 

11.  In  General. 

See  Continuance;  Dismissal  and  Nonsuit; 
Judgments  and  Decrees;  Limitation  of 
Actions;  Parties  to  Actions;  Trial; 
Venue. 

See,  also,  particular  titles. 

1.    Nature  of  Proceeding. 

Alien   enemy,   right   to    sue   alien   enemy. 

1917C-211;    1918C-722. 
— suing  or  continuing  suit,  right  of  alien 

enemy.     1917C-204;    1918C-716. 

Bail  bond,  action  on  as  civil  or  criminal 
in   nature.     10-293. 

Bastardy,  nature  of  proceeding  as  civil 
or  criminal.     11-316. 

Civil  action  predicated  on  commission  of 
felony,  merger  or  suspension.  1916C— 
847. 

Contempt  prosecution  as  criminal  pro- 
ceeding within  rule  as  to  jeopardy. 
1912B-1008. 

County,  right  to  maintain  action  to  re- 
strain expenditure  of  state  funds. 
1913C-669. 

Federal  Hours  of  Service  Act,  action  for 
violation  as  civil  action.  1915D-467; 
1918C-815. 

Habeas   corpus  as  civil   action.     7-1020. 

Intoxicating  liquor  statute,  action  for 
penalty  for  violation  as  civil  action. 
1914A-434;   1916E-870. 

Limitation  of  action  applicable  as  deter- 
minable by  nature  or  form  of  pro- 
ceeding,    12-175. 

Lost  instrument,  suit  to  establish  as 
maintainable  where  no  other  relief  is 
demanded.     1914A-582. 

Mandamus  as  action  or  special  proceed- 
ing.    8-311. 

Moot   case,   what   constitutes.     1918B-558. 


ACTIONS  AND  PROCEEDINGS  —  Con- 
tinued. 

Municipal  ordinance,  nature  of  proceed- 
ing for  violation.     5-289;    1917A-330. 

Public  ofl5cer,  proceeding  for  removal  as 
civil  or  criminal  in  nature.  20-112; 
1915B-1145. 

Seduction  action  as  one  for  personal  in- 
juries,    1912B-656. 

Ships  and  shipping,  proceedings  to  limit 
vessel  owner's  liability,  nature  of 
proceedings.     1913D-1234. 

Taxpayers'     actions.     1913C-884;     1917A- 

855. 
— right    to    maintain    action    for    recovery 

of     illegal     disbursement     of     public 

moneys.     19-776. 

ITnited  States,  right  to  maintain  civil 
action.     1912D-514. 

Workmen's  compensation  proceedings, 
rules  governing  actions  generally  as 
applicable.     1915A-741. 

2.    Form  of  Action. 

Assumpsit,  waiving  tort  and  suing  in. 
1913D-228. 

Attorneys,  form  of  action  against  attor- 
ney for   negligence.     1917B-45. 

Carrier  of  passengers,  ejection  of  passen- 
ger holding  invalid  ticket  through 
carrier's  fault,  form  of  action  as  in 
tort  or  on  contract.     9-892. 

• — personal  injuries  of  passenger  on  ejec- 
tion from  train,  right  to  bring  ac- 
tion ex  contractu.     10-462. 

Commencement  as  action  ex  delicto  and 
trial  as  action  ex  contractu,  effect. 
8-529. 

vJontempt  proceedings  to  enforce  restitu- 
tion of  property  received  under  judg- 
ment.    1913E-1004. 

Drainage  district,  remedies  by  or  against. 
1915C-29. 

Election  contest,  statutory  remedy  as  ex- 
clusive.    1913E-982;    1914D-274. 

Franchises,  forfeiture  of  special  corporate 
franchise,  warranty  for  direct  pro- 
ceedings.    1916B-179. 

Internal  revenue,  form  of  remedy  for  re- 
covery from  United  States  of  inter- 
nal  revenue   tax.     1916A-304. 

Landlord  and  tenant,  form  of  action 
against    lessee    for    recovery    of    rent 


ACTIONS  AND  PROCEEDINGS. 


13 


ACTIONS  AND  PROCEEDINGS  —  Con- 
tinued. 

due  under  lease  not  signeS  by  him. 
1913A-266. 

Malpractice  of  physician,  action  as  on 
contract    or    in    tort.     1912I>-866.  . 

Pledge,  form  of  action  where  pledgee  re- 
fuses to  return  pledge  upon  tender 
of  debt.     18-720. 

Search-warrant  proceedings,  right  to  try 
title  or  right  to  possession  of  prop- 
erty.    1914D-172. 

Taxpayer's  suit,  form  of  action.  1913C- 
906. 

Telegraph  company,  recovery  of  damages 
for  mental  anguish  from  failure  of 
telegraph  company  to  deliver  mes- 
sage as  ex  contractu  or  ex  delicto. 
1912D-845. 

Vendor  and  purchaser,  enforcement  of 
contract  to  convey  realty  as  in  per- 
sonam or  in  rem.     3-1004. 

— subsequent  conveyance  by  grantor  of 
realty  conveyed  to  grantee  as  en- 
titling latter  to  action  ex  delicto  or 
ex   contractu.     20-1126. 

Waters  and  watercourses,  breaking  of 
dam  across  watercourse,  form  of  ac- 
tion for  injuries   caused.     1912A-116. 

3.    Accrual  of  Cause. 

Acceleration  clause  in  mortgage  as  affect- 
ing   accrual    of    action    for    mortgage 
debt.     2-854. 
.Bringing  suit  on  day  of  accrual  of  action, 
effect.     2-136. 

Injury  to  lateral  or  subjacent  support, 
accrual  of  cause  of  action.  3-123; 
18-752. 

Premature  action,  effect  of  accrual  of 
cause  pending  suit  on  plaintiff's  right 
to  recover  in  action  prematurely 
brought.     7-524. 

Remedies  of  party  to  contract  upon  anti- 
cipatory breach  or  prevention  of  per- 
formance. 1-427;  12-1108;  1913C- 
384;    1917E-712. 

Sale  of  goods  on  credit  procured  by 
fraud,  accrual  of  action  for  price.  7- 
544. 

Seduction  of  daughter,  accrual  of  father's 
right  of  action.     1-388. 

4.    Conditions    Precedent. 

Accident  insurance,  notice  of  action 
within    time    required    by    terms    of 


ACTIONS  AND  PROCEEDINaS  —  Con- 
tinued. 

policy  as    condition   precedent   to   re- 
covery.    14-292;   1914D-412. 

Alienation  of  affections,  actual  separation 
or  abandonment  as  prerequisite  to 
action.     1918A-647. 

Architect's  or  engineer's  certificate  as 
prerequisite  in  actions  on  working 
contract.     5-721. 

Bills  and  notes,  lost  negotiable  instru- 
ment, giving  indemnity  as  prerequi- 
site to  recovery  of  amount.  1918C- 
925. 

— presentment  and  demand  at  place 
named  in  note  payable  on  demand  as 
condition  precedent  to  action  against 
maker.     7-693. 

— surrender  of  negotiable  paper  received 
in  payment  as  condition  to  recovery 
on    original    obligation.     20-857. 

Breach  of  promise  of  marriage,  demand 
for  performance  of  marriage  promise 
as  condition  precedent  to  action  for 
breach.     18-360. 

Corporations,  stockholder's  action  in  be- 
half of  corporation,  necessity  that 
stockholder  should  apply  to  stock- 
holders for  relief  in  addition  to  de- 
ma.nding  that  corporate  officers  insti- 
tute suit  before  bringing  action  him- 
self.    1914A-782. 

Disbarment  of  attorney  as  dependent  on 
conviction    for    crime.     8-847. 

Ejectment,  condition  precedent  to  new 
trial  under  statutory  right.  1914C- 
738. 

Fire  insurance,  furnishing  proofs  of  loss 
within  prescribed  time,  necessity  for 
recovery  on  policy.  15-335;  1912C- 
604. 

Food  and  drugs,  prosecution  or  forfeiture 
under  federal  pure  food  and  drugs 
act,  conditions  precedent.  21-1327; 
1915A-49. 

Injunction  against  wrongful  diversion  of 
M^ater  as  dependent  on  prior  deter- 
mination of  right  in  action  at  law. 
1912D-16. 

Insurance,  submission  to  arbitration  as 
condition  precedent  to  suit  on  insur- 
ance contract  containing  stipulation 
for   arbitration.     8-171;    1915D-331. 

Internal  revenue  tax,  right  of  recovery  of 
payment  as  dependent  on  prior  ap- 
peal to  commissioner  of  internal 
revenue.     1916A-3Q1. 


14      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


ACTIONS    AND    PROCEEDINGS  —  Con-      ACTIONS    AND     PROCEEDINGS  —  Con- 
tinued, tinned. 


Landlord  and  tenant,  notice  to  landlord 
of  defective  ceiling  as  prerequisite  in 
order  to  impose  liability  for  injuries 
caused  by  fall  thereof.     1913C-97o. 

Mandamus  to  compel  municipality  to  re- 
pair street,  conditions  precedent. 
20-849. 

Mechanics'  liens,  presentation  of  claim 
against  decedent's  estate  prior  to 
action  to  foreclose  as  prerequisite. 
1913D-275. 

Mortgage  enforcement  against  decedent's 
estate,  necessity  of  presentation  of 
claim.     1917B-156,   164. 

Municipal  corporation,  notice  to  munici- 
pality of  injury  to  wife  or  child  as 
prerequisite  to  action.     1916E-560. 

National  bank  director's  personal  liabil- 
ity for  excessive  loan  as  dependent 
on  prior  forfeiture  of  charter. 
1912B-652. 

New  trial,  order  opening  default  and 
granting  new  trial  on  payment  of 
costs  as  making  payment  of  costs 
condition    precedent.     1912B-249. 

Release  for  personal  injuries  procured  by 
fraud,  necessity  of  returning  or 
tendering  consideration  prior  to  suit. 
8-179. 

Rescission,  notice  to  complete  building 
contract  as  condition  precedent  to 
right    to    rescind    for    delay.     1914D- 

286. 

Specific  performance,  payment  or  tender 
of  purchase  price  as  necessary  to 
purchaser's  right  to  enforce  contract 
for   sale    of    land.     4-852;    19130-647. 

Streets  and  highways,  notice  of  defect  in 
street  to  one  bound  to  keep  same  in 
repair,  necessity  to  support  action. 
1913C-221. 

— written  notice  to  municipality  of  defect 
in  street  or  highway,  necessity  to  im- 
pose   liability.     16-172;    1916E^560. 

Taxpayer's  demand  on  proper  officers  to 
bring  suit  as  prerequisite  to  action 
by  himself.     1913C-904. 

Tax  sale,  reimbursement  of  purchaser  of 
invalid  tax  title  as  condition  pre- 
cedent to  relief  in  action  to  quiet 
title.     16-803. 

"Usury,  necessity  that  person  seeking  equi- 
table relief  against  usury  should  do 
equity.     1914D-1028. 


5.    Joining  and   Splitting. 

Consolidation  of  actions,  different  classes 
of  cases  susceptible  of  consolidation. 
1913E-1053. 

— judgment  on   consolidation   of  causes  as 

single  or  separate.     3-534. 
Individual  and  representative   capacity  of 

plaintiff,   joinder   of   causes  of   action 

accruing   in    both    capacities.     191 2B- 

1258. 
Injury  to  person  and  property  arising  out 

of    single    tort,   joinder    and    splitting 

claims   for.     3-464;    1912D-256. 
Libel    and    slander,    separate    actions    for 

separate   statements   of   same   libel   or 

slander    by     same     person,     right     to 

maintain.     1917A-250. 
Necessity  under  code  practice  that  causes 

of    action    joined     affect    all     parties 

defendant.     3-285. 
Partition    of    more    than    one    parcel    of 

realty,    single    action    for.     17-1163. 
Separate    tortious    acts    in    pursuance    of 

conspiracy    as    giving    rise    to    single 

cause  of  action.     1915B-1014. 

6.    Defenses  to  Actions. 

Action  by  servant  against  master  for  in- 
juries, necessity  of  pleading  negli- 
gence of  fellow-servant  as  defense. 
1913A-981. 

Alien  enemy,  defense  of  action,  right  of 
alien  enemy  to  defend.  1917C-211; 
19180-721. 

Attachment,  loss  or  injury  to  attached 
property,  defenses  of  attaching  offi- 
cer.    1912A-1116. 

Ohampertous  agreement  to  prosecute  as 
defense.     19—517. 

Election  of  remedies  doctrine  as  defense 
to  prosecution  of  first  remedy.  1913D- 
1199. 

Fire  set  by  railroad,  contributory  negli- 
gence as  defense  to  statutory  liabil- 
ity.    1914D-934. 

Inconsistent  defenses  within  rule  of 
pleading.     19170-704,  750,  753,  757. 

Judgments,  right  to  plead  fraud  as  de- 
fense to  action  on  foreign  judgment. 
1914D-999. 

Nonexistence  of  plaintiff  (not  corpora- 
tion) as  defense  to  action.  1917D- 
1193. 

Oral  contract  within  statute  of  frauds  as 
ground  of  defense  to  action.     11—479. 


ACTIONS  AND  PROCEEDINGS. 


15 


ACTIONS  AND  PROCEEDINGS  —  Con- 
tinued. 

7.    Abatement  and  Revival. 

Attachment  as  dissolved  by  death,  of  de- 
fendant or  dissolution  of  corporation. 
1917A-149,    163. 

Conflict  of  laws  as  to  survival  of  action 
on  death  of  party  pending  action. 
6-584;    1914B-114. 

Corporations,  action  to  recover  penalty 
or  forfeiture  as  abated  by  dissolu- 
tion   of    corporation.     1917A-1180. 

— spending  suit,  dissolution  of  corporation 
as  terminating  its  power  to  prose- 
cute.    17-225. 

Divorce  action  as  abated  by  death  of 
plaintiff.     17-876. 

— pending  ■  of  suit  for  divorce  as  bar  to 
like  suit  by  other  spouse  in  another 
jurisdiction     or     county.     1914A-1140. 

Election  contest,  effect .  of  death  of  con- 
testant before  judgment.  1913D- 
1291. 

Eminent  domain,  pendency  of  suit  for 
damages  for  unlawful  entry  on  land 
as  bar  to  condemnation  proceedings. 
1913D-601. 

Garnishment  proceedings,  pendency  as 
affecting  subsequent  action  against 
garnishee  by  principal  defendant  in 
garnishment.     1916B-365. 

Infant,  effect  of  attaining  majority  pend- 
ing   action    by    guardian.     1914A-604. 

Mandamus  proceeding,  abatement  by 
death    of   relator.     1915A-267. 

— termination  of  respondent's  office  as 
abating   action.     4-75;    10-60. 

Pendency  of  like  suit  in  foreign  court, 
effect.     1-365. 

Pending,      when      action     is.     1912A-843; 

1914D-1007. 
Plea    in    abatement,    as    amendable.     12- 

324. 

Receiver  appointed  for  defendant,  effect 
on  pending  action.     1915C-1248. 

Will  contest  as  abated  by  death  of  con- 
testant.    1913E-128. 


8.    Survival  of  Actions. 

Attorney,  survival  of  action  against  at- 
torney for  negligence.  6-651;  1917B- 
.     48. 

Breach  of  promise  of  marriage  contract, 
survival    of    right   of    action.     10-725. 


ACTIONS  AND  PROCEEDINGS  —  Con- 
tinued. 

Conspiracy  to  restrain  trade,  survival  of 
right    of    action.     1916C-726. 

Death  by  wrongful  act,  beneficiary's 
death  as  affecting  survival.  17-773; 
1913E-995. 

— decedent's  right  of  action,  survival  as 
affecting  running  of  limitation  stat- 
ute.    17-520. 

— simultaneousness  of  injury  and  death 
as  affecting  survival.  3-54;  1915C- 
613. 

— wrongdoer's  death  as  affecting  survival. 
12-462;   1915C-1052. 

Injury  to  property  simultaneous  with 
death  of  owner  as  affecting  survival 
of   claim  for  damages.     6-388. 

Innkeepers,  guest  injured  by  unsafe  con- 
dition of  inn  premises,  survivability 
of  action.     15-927. 

Joint  obligation,  survival  of  cause  of  ac- 
tion to  remaining  obligees  on  death 
of  one  joint  obligee.     15-1062. 

Law  governing  survival  of  actions.  6- 
584;    1914B-114. 

Libel  or  slander,  survival  of  action.  6- 
513. 

Malpractice  action  against  physician,  sur- 
vival of  action.     1912D-870. 

Personal  injury  action,  survival  after 
death    of   wrongdoer.     1914D-359. 

— validity  of  statute  providing  for  sur- 
vival   of   action.     1917E-1171. 

Release  executed  by  decea,sed  as  affect- 
ing survival  of  cause  of  action  for 
injury.     1-232. 

9.    Discontinuance. 

Election  contest,  right  of  one  or  more 
plaintiffs  to  withdraw  or  discontinue. 
1913B-215. 

Eminent  domain  proceedings,  right  of 
land  owner  to  damages  upon  volun- 
tary  discontinuance.     1912B-944. 

— stage  of  proceedings  wh'en  discontinu- 
ance   permissible.     1913E-1062. 

"Escrow"  as  applicable  to  written  consent 
for  discontinuance  or  release.  1916B- 
1032. 

Submission  to  arbitration  as  discontinu- 
ance   of    pending    cause.     1912A-1263. 

10.    Assignment  of  Right  of  Action. 

Contracts,  assignability,  right  of  action 
for  breach.     1912A-497. 


16      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


ACTIONS  AND  PEOCEEDINGS  —  Con- 
tinued. 

Corporations,  assignment  of  riglit  of  ac- 
tion by  corporation  for  fraud  as 
passing  by  transfer  of  assets  to  new 
corporation.     1915B-951. 

Fires,  assignability  of  cause  of  action  for 
destruction  of  property  by  fire.  20- 
259;    1913D-929. 

Fraud,  assignment  of  right  to  file  bill  in 
equity  for  fraud  committed  on  as- 
signor,  validity.     1912D-549. 

Penalty,  assignability  of  riglit  of  action 
for  penalty.     1916D-893. 

Personal  injuries,  assignability  of  right 
of  action  for  personal  injuries  re- 
sulting   from    negligence.     6-444. 

Railroad,  assignability  of  cause  of  action 
against  railroad  for  negligent  killing 
of  domestic  animal.     7-502. 

Waste,  assignability  of  right  of  action 
for.     1914C-262. 

11.    In    General. 
"Case,"  meaning  of  word  as  used  in  sense 

of  "action"   or   "proceeding."     21-667. 
Control   of  action,  right   as   between  two 

courts      of      concurrent      jurisdiction. 

1912A-150;   1915B-1117.     , 
Court    proceedings    held    at    unauthorized 

time,  validity.     1912B-179. 
Discrimination    against    citizens    of    other 

states  as  to  actions  and  proceedings. 

1-832. 

Fictitious  or  collusive  suits,  power  of 
amicus  curiae  to  inform  court. 
1915A-195. 

Foreign  proceedings,  power  of  court  to 
enjoin  in  another  state  or  country. 
10-26;  16-673;  1913B-204;  1918B- 
1150. 

Institution  or  continuance  of  legal  pro- 
ceedings, liability  for  damage  caused 
by    exercise    of   right.     21-873. 

Judicial  notice  of  proceedings  in  other 
causes.  1&15B-651;  1913A-140;  12- 
537. 

Eight  of  action  as  property  right.  1917C- 
1217. 

Eule  with  respect  to  parties  in  pari  de- 
licto as  modified  by  paramount  pub- 
lic interest.     1913D-772. 

Statute  as  basis  of  action,  effect  of  repeal 
after  final  judgment.     1912B-1157. 

Transfer  of  action,  meaning  of  term  "ad- 
joining" as  used  in  statute.  1913D- 
£48. 


ACT  OF  CONGRESS  JULY 

24,  1866. 

Scope  and  effect  of  act  as  to  eminent 
domain  powers  of  telegraph  com- 
panies.    1-533. 

ACT  OF  GOD. 

Burden  of  proof  as  to  fault  of  carrier  of 
goods  where  loss  is  caused  by  flood 
or  other  uncontrollable  event. 
1914D-1115. 

Carrier's  delay  co-operating  with  act  of 
God,  liability  for  loss  or  damage  re- 
sulting.    S-SIO. 

Contract,  performance  as  excused  by  act 
of   God.     1^66. 

Co-operation  with  negligence  of  "carrier  as 
affecting  carrier's  liability  for  dam- 
ages. 3-453;  12-449;  1912D-968; 
1918A-581. 

Fire  insurance  premium,  act  of  God  as 
excuse  for  failure  to  pay.  1912B- 
375. 

Fire   loss   as    arising   from.     1912A-453. 

Flood,  burden  of  proof  and  question  for 
jury  as  to  nature.     1918A-1121. 

Hours  of  service,  act  of  God  as  excusing 
noncompliance  with  federal  act. 
1915D-464;    1918C-809. 

Tides,  loss  resulting  from  rise  or  fall  as 
due  to  act  of  God.     1917A-450. 


ACTORS. 

Actor  as   engaged  in  trade.     1916A-1199. 
Contract    for    services    as    theatrical   per- 
former.    1914B-5. 

ACTS  OF  LEGISLATURE. 

See  Statutes. 

ADAMSON  LAW. 

Wage  and  hours  of  labor  regulation  of 
interstate  railroad  employees.  1918A- 
1043. 

AD  DAMNUM  CLAUSE. 

Amendment  of  clause  in  pleading  after 
verdict.     1913B-709. 

Omission  of  clause  in  complaint,  declara- 
tion,  etc.,  effect   of.     21-241. 


ADDITIONAL  COMPENSATION— ADJOINING  LAND  OWNERS.     17 


ADDITIONAL   COMPENSATION. 

See    Contracts;     Public    Officers;     United 
States. 

ADDITIONAL  SERVITUDE. 

See  Streets  and  Highways. 


ADDITIONS. 

Building,  mechanics'  liens  covering. 
1912B-13. 

Chattel  mortgage  on  stock  as  cover- 
ing additions  thereto.  1916D-1215; 
1918E-743. 

Fire  insurance,  "additions"  as  term  in 
policy.     8-94;    10-938. 

ADDRESS. 

Claimant  for  injury  against  municipality, 
necessity  of  giving  address.  1916E- 
722. 

Client's  address  as  privileged  communica- 
tion to   attorney.     1913A-29. 

ADDRESSEE. 

Telegram,  right  of  addressee  to  sue  for 
nondelivery.     2-398;    1913E-3o6. 

ADEMPTION. 

Legacies  and  devises.    See  Wills. 

ADEQUATE    REMEDY   AT 
LAW. 

Equity  jurisdiction  in  eases  of  fraud  not- 
withstanding law  remedy.     3-611. 

Existence  as  affecting  equity  jurisdiction 
to  cancel  instrument  procured  by 
fraud.     8-548. 

Inadequacy  of  relief  as  ground  for  enjoin- 
ing proceedings  in  courts  of  law.  5- 
728. 

Injunction  against  execution  sale,  exist- 
ence   of    legal    remedy    as    defeating 

right,    igisc-ise. 

ADHERENCE  TO  ENEMIES. 

See   Treason. 


ADJACENT. 

Meaning   of  term.     1913B-168. 
Property   annexed   to   municipality,   neces- 
sity that  it  be.     1913D-401. 
Index  to  Notes — 2 


ADJOINING. 

Meaning  of  term.     1913D-844. 

ADJOINING  LAND 
OWNERS. 

1,    In   General. 

Collapse  of  building  on  adjoining  landa, 
liability   for  injuries   caused.     18-5. 

Dropping  or  falling  of  objects  causing  in- 
jury to  adjoining  property,  liability 
of   land   owner.     1914B-1171. 

Eviction  of  tenant  by  act  of  adjoining 
land    owner.     1915C-400,    409. 

Falling  wall,  liability  for  injury  caused 
to  adjoining  property.     1914B-1176. 

Fences,  division  fence,  validity  of  statute 
giving  fence  viewers  power  to  assign. 
8-426. 

— spite  fence,  right  to  damages  for  erec- 
tion.    19-478. 

— unusual  height  of  fence,  erection  or 
maintenance  as  subject  to  injunction. 
9-734;   1915A-718. 

Flooding  mine,  liability  of  adjoining 
owner.     1914C-458. 

Improvements  made  by  mistake  on  land 
of  adjoining  owner,  right  to  recover 
for.     1914A-23S'. 

Mining  rights,  use  of  surface  in  removal 
of  miaerals  from  adjoining  lands. 
1913B-1108. 

Overhanging  eaves,  remedy  against  en- 
croachment.    4-343. 

Tree  on  or  overhanging  boundary  line, 
rights  of  adjoining  owners  with  re- 
spect to.     1918B-1157,  1171. 

Trespassing  insects  or  the  like,  right  to 
drive  on  to  neighbor's  land.     21-645. 

Water,  oil  or  like  pumped  from  mine  or 
well  flowing  on  to  land,  liability  of 
mine  or  well  owner.     1914D-70. 

"Well,  right  to  sink  and  intercept  subter- 
ranean waters  supplying  neighbor's 
'well   or  spring.     1917C-106. 

2.    Lateral  and  Subjacent  Support. 

Accrual  of  action  for  injury  to  lateral 
and  subjacent  support.  3-123;  18- 
752. 

Excavating  on  own  premises,  liability  for 
resulting  injury  to  adjoining  build- 
ing.    21-15;    1917A-352. 

Express  contract  not  to  destroy  lateral 
support,  validity  and  construction. 
1915B-1282. 


18      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


ADJOINING  LAND  OWNERS— Continued.      ADMINISTRATIVE     BODY. 


Measure  of  damages  for  injury  to  lateral 
and  subjacent  support.  5-21&;  5- 
760;  10-77. 

Mining  rights,  when  grant  releases 
grantee  from  liability  for  subjacent 
support.     10-874. 

Eemoval  of  support  to  adjoining  land  by 
gasworks   as  nuisance.     21-1251. 

3.    Party-walls. 

Contribution,  absence  of  agreement  to 
contribute  to  party-wall,  liability  of 
adjoining  owner  for  use.  15-1107; 
1916E-1165. 

' — purchaser  from  person  promising  to  con- 
tribute to  cost  of  party-wall,  Liability 
to  pay  proportion  of  cost.  11-527; 
1916B-1215. 

— use  of  wall  as  enclosure  of  user's 
building  as  rendering  user  liable  for 
contribution.     1913A-769. 

Conveyance  of  part  of  premises,  rights 
of  parties  with  respect  to  division 
wall.     1918C-879. 

Easement  in  party-wall  by  prescription, 
creation  and   extent.     11-629. 

Grantee  of  builder  of  party-wall,  right  to 
recover  for  use.     S-292;   15-176. 

Middle  line,  right  of  owners  to  use  be- 
yond.    8-319. 

Termination  of  right  to  maintenance  of 
party-wall.     1916C-374. 


ADJOURNMENT. 

Public    body,    what    constitutes.     1915B- 

773. 
Sunday,  right  of  court  sitting  on  Sunday 

to    adjourn    to  another   day.     1916B- 

14,  33. 

ADJUDGE. 

"Deem"    or    "deemed"    as    meaning    "ad- 
judge"   or    "adjudged,"     16-^80. 

ADMINISTRATION  OF  ESTATES. 

See  Descent  and  Distribution;   Executors 
and  Administiators. 


ADMINISTRATIVE  ACTS. 

Validity     of     performance     on     Sunday. 
1916B-6. 


Adjournment,  what  constitutes.  lyioB- 
774. 

Conferring  authority  on  board  to  deter- 
mine qualifications  of  licensees  as 
delegation  of  legislative  power.  2— 
427. 

ADMIRALTY. 

See    Ships    and    Shipping. 

Assault  and  battery,  admiralty  jurisdic- 
tion.    13-1218. 

Bridges,  injury  by  vessel,  liability  in  ad- 
miralty.    1917B-938. 

Canal  as  navigable  water  in  admiralty 
jurisdiction.     17-350. 

Contribution,  admiralty  jurisdiction  of  suit 
for.     20-1236. 

Contributory  negligence,  burden  of  proof 
in    admiralty    proceeding.     10-7. 

Death  by  wrongful  act,  admiralty  juris- 
diction  of   action.     13-1219. 

False  imprisonment,  admiralty  jurisdic- 
tion of  action.     13-1218. 

Federal  receivers,  vessels  in  possession  of, 
as  subject  to  libels  in  rem.     3-117. 

Master  and  servant,  admiralty  jurisdic- 
tion of  action  by  servant  against 
master.     13-1219. 

Peril  of  eea,  damage  of  cargo  by  sea 
water  as,  burden  of  proof  upon  ship 
owner  to   show.     15-753. 

Salvage,  award  to  salving  vessel,  allow- 
ance of  damage  for  injuries  as  part 
of.     14-88. 

— review   of  salvage   award.     20-561. 

Torts,    admiralty   jurisdiction.     13-1218. 

ADMISSION  TO  BAR. 

See   Attorneys. 

ADMISSIONS  AND  DECLA- 
RATIONS. 

See  Confessions;   Dying  Declarations. 

1.  Civil  Cases. 

A.  In  General. 

B.  In  Pleading  ob  at  Teial. 

2.  Criminal  Cases. 

1.     Civil  Cases. 
A.     In  General. 
Account   stated,  admission  of   correctness 
by  receipt  of  statement  without  pro- 
test.    1915A-694. 


ADMISSIONS  AND  DECLARATIONS. 


19 


ADMISSIONS    AND    1/ECLARATIONS— 

Continued. 

Advancement,  subsequent  declarations  by 
intestate  on  issue  of  advancement 
vel  non,   admissibility.     17-S86. 

Alienation  of  affections,  declarations  of 
husband  or  wife  as  admissible  in  ac- 
tion.    1912C-1181. 

Auction  sale,  admissibility  of  parol  decla- 
rations as  to  conditions  of  sale. 
I912A-1130. 

Boundaries,  former  owner's  declarations, 
admissibility  as  proof  after  his  de- 
cease.    19-551. 

— surveyor's  declarations  as  to  boundaries, 
admissibility.     15-874. 

Bystander's  declaration  at  time  of  acci- 
dent as  part  of  res  gestae.  1912C- 
319;    1917A-1009. 

Compromise   offer,   admissibility   of    state- 
ment   of    fact    made    in    connection, 
•     1918E-439,   456. 

Contents  of  writing,  admissibility  in  evi- 
dence of  verbal  admissions  thereof. 
8-207. 

Corporate  officer,  admission  or  declara- 
tion, competency  as  evidence  against 
corporation,     1912C-109. 

Deeds,  delivery,  declaration  of  grantor 
after  conveyance  as  admissible. 
1916E-713. 

Deposition  of  party  to  action  offered  by 
adverse  party  as  admission  of  de- 
ponent.    10-961. 

Disparagement  of  title,  admissibility  of 
declarations    in    disparagement.     2-5. 

Divorce  defendant,  necessity  of  corrobora- 
tion of  admissions.     1913B-5. 

Domicile,  respective  weight  of  acts  and 
declarations  on  question.     21-206, 

Exclamations  and  expressions  of  pain,  ad- 
missibility in  evidence  in  actions  in- 
volving bodily  injuries.  15-799; 
1916A-830. 

Execution  or  attachment  defendant,  decla- 
rations on  issue  of  title  to  personalty 
levied  on  while  in  his  possession. 
1914D-690. 

Executor,  declarations  on  issue  of  undue 
influence    as    admissible.     1913A-87. 

Failure  to  reply  to  statement  made  in 
written  communication  as  admission 
of  its  truth.     1914B-788, 


ADMISSIONS    AND    DECLARATIONS— 

Continued. 

Fraudulent  conveyance  or  sale,  declara- 
tions of  grantor  or  vendor  in  posses- 
sion  as  to.     3-787. 

Husband   and   wife,   antenuptial   contract, ' 
action    for    cancellation,   admissibility 
of   declarations  of  husband  on  issue, 
1914A-793, 

— resulting  trust  arising  from  husband's 
purchase  in  own  name  with  wife's 
money,  admissibility  of  declarations 
of   husband   or  wife.     1915D-629,   647. 

Illegitimacy,  admissibility  of  declarations 
showing  illegitimate  relationship.  10- 
521. 

Infant,  accident,  declarations  made  at 
time  as  part  of  res  gestae.     14-51. 

Letters,  unanswered  letter  as  admission 
of  truth  of  statements  therein. 
1915D-198. 

Libel  or  slander,  acknowledgment  of  ut- 
terance as  affecting  running  of  stat- 
ute   of    limitations.     1917C-66. 

Life  insurance,  declarations  or  written 
statements  made  previous  to  death  as 
evidence  of  suicide.  8-1114;  1918C- 
1050. 

—statements  in  application,  admissibility 
of  evidence  to  contradict.  7-647; 
11-263. 

Marriage,  admission  of  party  as  proof 
thereof  in  prosecution  for  adultery. 
1912A-286. 

Master  and  servant,  declarations  or  ad- 
missions not  made  contemporaneously 
with  occurrence,  admissibility  in  ac- 
tion by  passenger  against  carrier.  3- 
624;   13-859;    1915A-1040. 

— statement  by  injured  employee  respect- 
ing cause  of  injury,  admissibility  in 
proceeding  under  Workmen's  Com- 
pensation Act.  1916C-775;  1918B- 
545. 

Negligence,  competency  and  weight  of 
admissions  tending  to  show.     14-227. 

Partner  after  dissolution  of  partnership, 
admission  as  binding  copartner.  15- 
938. 

Public  officer,  necessity  that  declaration 
or  admission  be  part  of  res  gestae 
to  be  admissible  in  evidence.     3-749. 

Race  to  which  person  belongs,  declarar 
tions   as   evidence.     1914A-462. 


20      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


ADMISSIONS    AND    DECLARATIONS— 

Continued. 

Eelationship  to  decedent,  admissibility  of 
declarations  in  behalf  of  relative  of 
declarant  who  is  claimant  of  dece- 
dent's estate.  21-1305;  1914A-S20; 
1915C-1044. 

Sleeping  person,  admissibility  in  evidence 
of  utterances  made  by  person  while 
asleep.     1914C-561. 

Title  in  personalty,  declarations  or  ad- 
missions of  grantor  made  while 
owner  as  evidence  against  grantee. 
1912C-1210. 

Trustee's  written  declaration  as  proof  of 
express  trust.     1913B-1023. 

Value  of  property  condemned,  admissions 
or  declarations  of  owner  as  admissi- 
ble in  evidence  in  eminent  domain 
proceedings.     1912D-289. 

Voter's  declaration  as  to  how  he  voted 
at  election,  admissibility  in  evidence. 
15-243. 

Wills,  acknowledgment  of  signature  previ- 
ously made  as  sufficient  signing  of 
win  by  testator.     1917B-876. 

— construction,  declarations  or  instruc- 
tions of  testator  as  admissible  in  aid. 
1915B-14,  33,  40. 

— lost  will,  declarations  of  testator  alone 
as  proof  of  contents.     1915B-253. 

— oral  declarations  of  deceased  witness, 
admissibility  on  issue  of  its  genuine- 
ness.    19-1009. 

— testamentary  capacity,  admissibility  of 
declarations  of  legatee  or  devisee  as 
to  mental  capacity  of  testator.  9- 
807;   1915B-1006;   1918A-1066. 

— revocation  of  will  which  cannot  be 
found,  admissibility  of  declarations 
of  testator  on  issue.  3-960;  14-284; 
1914C-909;   1918A-370. 

— subsequent  declarations  of  testator  on 
issue  of  revocation  of  will,  admissi- 
bility.    10-535. 

— undue  influence,  admissibility  of  decla- 
rations of  legatee  or  devisee  on  issue. 
21-50. 

— undue  influence,  declarations  of  testator 
not  made  at  time  of  execution  of  will 
as  admissible  on  question  of  undue 
influence.  5-608;  10-600;  1917D- 
717. 

Witness,  admissions  or  contradictory 
statements  on  former  trial,  proof  by 
person  who  heard  testimony.  1913B- 
97. 


ADMISSIONS    AND    DECLARATIONS— 

Continued. 

— competency  as  affected  by  admission  of 
guilt  of  unconvicted   crime.     7-168. 

B.    In  Pleading  or  at  Trial. 

Attorney,  admissions  upon  former  trial  as 
admissible  in  evidence.     10-1063. 

Failure  to  deny  alleged  admission  as 
raising  presumption  against  party  to 
action.     1914A-924. 

Implied  admission  as  arising  from  fail- 
ure of  party  to  civil  action  to  reply 
to    oral    statement.     1918C-9,    40,    42. 

Instructions,  cautionary  instruction  rel- 
ative to  consideration  of  verbal  ad- 
mission,  propriety.     1918D-298. 

Juror,  statement  subsequent  to  trial,  ad- 
missibility of  evidence  thereof  to  im- 
peach verdict.     1913D-11»4. 

Pleadings,  abandoned  pleading,  admis- 
sibility in  evidence  against  pleader. 
18-83. 

— admission  in  pleading,  admissibility  and 
conclusiveness  against  pleader  in  sub- 
sequent action  with  stranger.  lS-79; 
1915C-717,  735;  1918E-549. 

—equity  pleading,  admissions  in  answer 
as  evidence  against  infant  defend- 
ants.    4-403. 

• — inconsistent  defenses  as  constituting 
admission  as  to  matters  set  up. 
1917C-740. 

— pleading  superseded  by  amended  plead- 
ing, admissibility  against  pleader  as 
admission.     1913  A-1 132. 

Production  of  document,  admission  by  op- 
posing party  as  to  its  contents  as 
affecting  right  to  demand  production. 
1916D-298. 

Silence  of  attorney  when  opposing  attor- 
ney during  trial  states  matters  of 
fact  admitted  by  adverse  party  as 
admission  of  such  matters.  1913E- 
945. 

2.    Criminal    Cases. 

Abortion,  statements  (not  dying  declara- 
tions) made  by  woman  before  or 
after  operation  for  abortion,  ad- 
missibility in  prosecution.  1913A- 
531. 

Accusation  of  crime  undenied,  admissi- 
bility in  evidence.  4-1042;  12-875; 
1913C-240. 


ADOPTED  STATUTES— ADOPTION. 


21 


ADMISSIONS    AND    DECLAEATIONS— 

Continued. 

Adultery,  defendant's  statement  as  to  be- 
ing married  man,  admissibility  in 
prosecution   for   adultery.     1915G-980. 

Agent's  declarations  or  admissions  not 
made  contemporaneously  with  occur- 
rence or  transaction,  admissibility  ia 
evidence.  3-621;  13-859;  1915A- 
1040. 

Exculpatory  statement  by  accused,  admis- 
sibility to  contradict  evidence  given 
by  him  or  on  Ms  behalf  at  trial. 
1917D-1101. 

Grand  jury,  statements  made  by  defend- 
ant before  grand  jury,  admissibility 
in  evidence  in  criminal  action.  9- 
1215. 

Homicide,  acts  or  declarations  of  de- 
ceased as  admissible  to  establish  de- 
fense of  suicide.     1914D-1279. 

— threats  of  deceased  to  commit  suicide 
as  admissible  in  prosecution  for  homi- 
cide.    1914D-1279;    1917C-372. 

Husband  and  wife,  criminal  prosecution, 
declarations  made  by  one  spouse  in 
presence  of  other  as  admissible.  19- 
528. 

Infant's  declarations  made  at  time  of  as- 
sault or  homicide  as  part  of  res  ges- 
tae.    1916C-1187. 

Larceny,  declarations  of  ownership  by 
person  accused  of  larceny,  admissi- 
bility.    2-303. 

Offer  to  compromise  criminal  charge  and 
admissions  made  in  connection  there- 
with, admissibility  in  evidence.  16- 
45S. 

Plea  of  guilty,  admissibility  as  admis- 
sion in  subsequent  criminal  prosecu- 
tion.    5-719;    1914A-1053. 

— judgment  of  conviction  based  on,  ad- 
missibility in  subsequent  civil  action. 
5-79;   1917E-1109. 

Rape,  complaints  of  injured  person  in  ac- 
tions for  rape  or  criminal  assault  as 
admissible.     2-234;    11-99. 

Res  gestae,  statements  of  deceased  or  ac- 
cused before  starting  on  journey,  ad- 
missibility as  part  of  res  gestae. 
]l913E-36i;   1918A-348. 


ADOPTED  STATUTES. 

Construction    of    adopted    statute.     1-147. 


ADOPTED  STATUTES— Continued. 

Effect  upon  adopting  statute  of  amend- 
ment or  repeal  of  adopted  statute. 
9-303;    1916B-375. 

Federal  governmen's  adoption  of  crimi- 
nal laws   of  state.     21-94&. 


ADOPTION. 

1.  In  GeneraL 

2.  Adoption  Proceedings. 

3.  Inheritance  Bights. 

1.    In    GeneraL 

Adopted  child  as  within  designation  of 
"children"  or  similar  phrase  in  will 
or  deed.     18-518. 

Advertising  for  adoption  by  maternity 
hospitals,  prohibitory  statutes.  1916A- 
904. 

"Child,"  construction  of  word  in  statute 
providing  for  adoption  of  children. 
15-92. 

— term  "child"  in  statute  as  including 
adopted    child.     1915B-786. 

Death  of  adopted  child  by  wrongful  act, 
right    of    parent   to   recover.     15-148. 

Homestead  exemption  rights  of  adopting 
parent  or  adopted  child.     21-1032. 

"Issue,"  adopted  child  as  included  within 
term   in    statute    or   will.     1912A-326. 

Life  insurance,  term  "children"  as  used 
to  designate  beneficiaries  as  including 
adopted    child.     15-529;    1913A-300. 

Statutes  authorizing  contracts  for  adop- 
tion, validity.     6-941. 

Workmen's  compensation,  adopted  child 
as  "dependent"  within  act.  1918B- 
755. 

2.    Adoption   Proceedings. 

Collateral  attack  in  decree  of  adoption. 
13-5S'7;   1914D-237. 

Consent  of  parents  as  prerequisite  to 
adoption.     1914A-221. 

— abandonment  of  child  as  affecting  ne- 
cessity of  consent  of  parent  to  adop- 
tion.    1914A-222. 

— divorce  of  parents  as  affecting  neces- 
sity  of   consent.     1914A-223. 

Contract  or  proceeding  for  adoption  not 
made  in  conformity  with  statute,  val- 
idity.    12-144;    19i6D-1110. 


22      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


ADOPTION— Continued. 

Second  adoption  of  child,  necessity  of 
notice  to  or  consent  of  natural 
parent.     12-509. 

Vacation  of  decree  of  adoption,  grounds 
for.     17-548. 

3.    Inheritance    Bights. 

Adopted  child,  adoption  under  laws  of  an- 
other state,  right  of  inheritance 
within  state.  16-779;  1916B-94; 
1918B-1028. 

— adoptive  parent,  right  of  adopted  child 
to   inherit   from.     1914C-1230, 

— persons  other  than  adopting  parent, 
right  of  adopted  child  to  inherit 
from.     4-881;    9-780. 

Inheritance  from  adopted  child,  right  as 
between  natural  parents  and  adoptive 
parents  or  their  descendants.  1916C- 
757. 

— succession  to  estate  inherited  from 
foster  parent  by  adopted  child  who 
dies  without  issue.  1914D-572;  191 6C- 
762;  1917C-474. 


ADULTERATION. 

Food  or  drugs,  federal  Pure  Food  and 
Drugs  Act,  construction.  21-1327; 
1915A-48;    1917C-495. 

— Pliability  of  vendor  for  sale  of  adulter- 
ated food  by  agent  or  servant.  17- 
135. 


ADULTERY— Continued. 

Homicide  during,  as  constituting  man- 
slaughter,    1-136. 

Imputing  adultery  to  ipan  as  actionable 
slander.     1917A-1044. 

Indictment  and  information,  use  of  word 
"felonious."     1912A-263. 

Joint  or  several  prosecution  of  persons. 
1915D-376. 

"Living  together,"  or  "cohabiting,"  what 
constitutes.     19-655. 

Marriage  of  defendant,  statements  or  ad- 
missions as  proof  in  prosecution  for 
oflfense.     1912A-286;    191oC-980. 

Married  woman,  whether  can  be  guilty  of 
offense  of  prostitution  or  fornication. 
1916A-321. 

Paramour,  weight  and  admissibility  of 
testimony.     1913A-1240. 

Persons  capable  of  committing  crime. 
16-314;    1917A-703. 

Procurement  or  connivance  by  other 
spouse  as  defense  to  prosecution. 
1916E-741. 

Solicitation   as   indictable    offense.     2-457. 

"Witness,  adultery  as  crime  for  which  wit- 
ness  may   be   impeached.     1916A-276. 


ADVANCE  AGENTS. 

Contract  for  services.     1914B-12. 


ADULTERY. 


Adulterous  disposition,  admissibility  of 
evidence  in  divorce  action  to  show, 
16-1118. 

Alimony,  recovery  by  wife  in  matri- 
monial action  where  both  parties 
have  committed  adultery.     15-376. 

Carnal  knowledge,  necessity  of  emission. 
11-94. 

Connivance,  criminal  conversation  action 
by  husband  as  barred  by,     5-867. 

— divorce  as  barred  by  connivance  of  one 
spouse  to  adultery  of  other,  10-819; 
1915C-80. 

Divorce  decree  as  res  judicata  as  to  facts 
relied   on.     1916B-886. 

Dower  rights  as  barred  by  adultery  in 
absence    of    divorce.     5-230. 

Evidence,  testimony  of  detectives  to 
prove    adultery.     12-960. 


ADVANCEMENTS. 

Consideration,  agreement  by  heir  relin- 
quishing expectancy  in  estate  in  con- 
sideration of  advancement,  validity 
and  effect,     17-725. 

Daughter,  gift  to  son-in-law  as  advance- 
ment to  daughter.     18-546. 

Evidence,  statement  in  will  as.  1915A- 
930, 

Executor  or  administrator,  right  to  re- 
cover advancement  made  to  member 
of  decedent's  family,  1917A-134, 
141. 

Interest,  intestate  estate,  when  interest 
chargeable  on  advancement  in  dis- 
tribution   of    estate.     1912A-955. 

— testate  estate,  when  interest  on  ad- 
vancement chargeable  in  distribution 
of   estate.     1918E-212. 

Partial  intestacy,  application  of  doctrine 
of  advancements.     6-1011. 


ADVANCES— ADVERSE  POSSESSION. 


23 


ADVANCEMENTS— Continued. 

Subsequent  declarations  of  intestate,  ad- 
missibility on  issue  of  advancement 
vel    non.     17-886. 

Trust  fund,  power  of  court  to  make  ad- 
vances out  of  accumulation  for  bene- 
fit   of   cestui    que    trust.     IGliA-lOlT. 


ADVANCES. 

Chattel  mortgages  securing  future  ad- 
vances, validity  and  construction.  9- 
1151. 

Factor's  right  to  claim  advances  against 
insolvent  principal.     6-311. 

Mortgage  securing  future  advances,  valid- 
ity and  construction.     1913C-552. 

Partnership,  advance  made  to  partner, 
right  of  action  at  law  to  recover. 
19-255. 

Stock  broker's  advances  for  customer, 
right   of   recovery.     1915B-920. 


ADVERSE  PARTY. 

Impeachment  of  adverse  party  called  as 
witness.     1914B-1123. 

ADVERSE  POSSESSION. 

1.  In  General. 

2.  Color  of  Title. 

3.  Hostility  of  Possession. 

4.  Sufladency  of  Possession. 

5.  Evidence. 

See,  also.  Prescription. 

1.    In  General. 

Alien,  right  to  acquire  title  to  realty  by 
adverse    possession.     1913C-1240. 

Bailment,  acquisition  of  title  by  adverse 
possession  to  property  in  hands  of 
bailee.     1917A-1163. 

Building,  acquisition  of  title  to  part  by 
adverse   possession.     12-870. 

Conversion  of  property  severed  from  soil 
by  person  holding  adversely,  right  of 
owner  of  land  to  maintain  Ijrover. 
1912B-291. 

Corporation,  right  to  acquire  title  by  ad- 
verse possession.     1915C-772. 

Dower  as  barred  by  adverse  possession 
against  husband.     9-149. 


ADVERSE  POSSESSION-^ontinued. 

Estates-tail,  adverse  possession  against 
tenant  in  tail  as  barring  recovery  by 
issue  in  tail  and  tenant  in  tail. 
1912B-61. 

Kshery,  acquisition  of  right  of  fishing  in 
navigable  river  by  adverse  posses- 
sion.    21-781. 

Grantee  of  land  held  in  adverse  posses- 
sion, right  to  sue  to  recover  from 
adverse    holder.     1915D-527. 

Husband  or  wife,  one  spouse  holding  ad- 
verse to  third  person  as  inuring  to 
benefit   of   other  spouse.     19120-1174. 

— wife's  acquisition  of  title  to  husband's 
lands,  right  of  by  adverse  possession. 
1912A-570. 

Judicial  sales,  title  based  on  adverse  pos- 
session as  sufficient  to  empower  court 
to  compel  purchaser  at  judicial  sale 
to   comply   with  bid.     1912D-1179. 

Land  under  water,  acquisition  of  title  by 
possession  adverse  to  state.  1912A- 
702. 

Lfandlord  and  tenant,  necessity  for  sur- 
render of  possession  by  tenant  before 
asserting  title  adverse  to  landlord. 
1917D-548. 

Limitation  of  actions,  action  by  adverse 
claimant  as  arresting  running  of 
statute   in  his   favor.     19140-1182. 

Lunatic,  right  to  acquire  title  by  adverse 
possession.     1914A-39. 

Mines,  acquisition  of  title  by  adverse 
possession.  6-142;  1912D-1199;  1917E- 
641. 

— severed  mineral  rights  as  affected  by 
acquisition  of  surface  rights  by  ad- 
verse  possession.     6-113;    1912D-1199. 

Eailroads,  land  acquired  for  railroad  pur- 
poses but  not  within  its  right  of 
way,  acquisition  of  title  by  adverse 
possession  or  prescription.     21-163. 

— notice  to  company  of  adverse  posses- 
sion of  its  property,  what  constitutes. 
T917A-1274. 

— right  of  way  of  railroad,  acquisition  of 
title  to  land  therein  by  adverse  pos- 
session or  prescription.  2-718;  10- 
1001;    1916D-1186. 

Tenant  in  common,  acquisition  of  title 
by    adverse    possession.     1915A-746. 

— holding  adversely  to  cotenants,  rights 
acquired  under  tax  titles.     8-990. 

— ^rule  preventing  tenant  in  common  from 
purchasing  outstanding  title  as  appli- 


24      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


ADVERSE  POSSESSION— Continued. 

cable    where    tenants    hold    adversely 
to  each  other.     1916D-1307. 

Trespass  against  mere  trespasser,  right  of 
one  in  actual  possession  under  color 
of  title  to  maintain  action.  4-190; 
1915D-37. 


2.    Color  of  Wtle. 

Award  by  arbitrators  as  constituting 
color   of   title.     1915A-959. 

Condemnation  proceedings  as  furnishing 
color  of  title  to  land  claimed  by  ad- 
verse possession.     19-402;    1915D-299. 

Fraudulent  deed  as  color  of  title.  191oD- 
137. 

Tax  deed  valid  on  face,  validity  of  title 
acquired  by  possession  under  deed 
for  period  of  statute  of  limitations 
protecting    tax    titles.     16-1144. 

Unrecorded  deed  as  sufficient  to  give 
color   of   title.     1-761. 


3.    Hostility  of  Possession. 

Judicial  sale,  owner  who  remains  on  land 
after  it  is  sold  at  judicial  sale  as 
holding  adversely.     1913E^88. 

Mistake,  possession  by  mistake  of  one 
intending  to  claim  only  to  true 
boundary  as  constituting  adverse. 
15-827;  1912A-450. 

Public  lands,  right  of  one  claiming  title 
in  subordination  to  United  States 
only,  to  assert  such  possession  against 
another  claimant.     20-538. 

Purchase  or  offer  of  purchase  of  out- 
standing title  or  interest  by  person 
in  possession  of  land  as  affecting  ad- 
verse character  of  possession.  1912C- 
855;   1917B-996. 

Tenants  in  common,  adverse  possession 
by  grantee   of   cotenant.     1915C-1232. 

— necessity  of  notice  of  adverse  claim  to 
start  statute  of  limitations  running 
between  tenants  in  common.  1913D- 
1312. 


4.    Sufficiency  of  Possession. 

Break  in  possession  of  land  held  ad- 
versely, what  temporary  break  will 
amount  to   abandonment.     1916A-606. 

Inclosure  of  land  as  essential.  1913A- 
750. 


ADVERSE  POSSESSION— Continued. 

Several  tracts  conveyed  by  same  instru- 
ment, possession  sufficient  to  consti- 
tute   adverse     possession.     1915C-148. 


5.    Evidence. 

Knowledge  of  another  person,  com- 
petency of  witness  to  testify  to  in 
action  involving  adverse  possession. 
21-1076. 

Reputed  title,  admissibility  of  evidence. 
1914D-243. 


ADVERSE  USER. 

Width   of   highways   acquired   by.     2-973. 

ADVERTISEMENTS. 

Agent's  authority  to  enter  into  contract 
for  advertising  principal's  business. 
1914D-802. 

Attorneys,  employment  solicited  by  ad- 
vertisement as  ground  for  disbar- 
ment.    17-628. 

—personal  liability  oi  attorney  for  ex- 
pense   of    advertising.     1917B-525. 

Billboards  and  signs,  municipal  regula- 
tion. 2-897;  5-997;  16-766;  1913D- 
958;    1916'C-491. 

Contract  for  advertising,  validity  and 
construction.     1914B-15. 

False,  fraudulent,  immoral  or  other  ob- 
jectionable advertising.  1916A-900, 
931;    1917C^58. 

Flag  or  other  governmental  symbol,  valid- 
ity of  statutes  prohibiting  use.  4- 
270;    10-528. 

Handbills,  right  of  municipality  to  pro- 
hibit distribution.     5-423. 

Insurance  contract,  advertisement  as  part 
of.     1918E-889. 

Judicial  sale,  misnomer  of  party  in  ad- 
vertisement as  affecting  validity  of 
judicial   sale.     1917B-1046. 

Lotteries,  prohibition  of  advertising  lot- 
tery as  invasion  of  constitutional  lib- 
erty of  speech  and  press.     15-8. 

■Municipal  control  of  advertising.  16- 
699. 

Physicians  and  surgeons,  advertising 
under  assumed  name,  prohibitory 
statute  as  violative  of  constitutional 


ADVICE  OF  COUNSEL— AFFIDAVITS. 


25 


ADVERTISEMENTS— Continued. 

liberty  of  speecli  and  press.     1915E- 
1186. 
—practice  of  medicine,  statutes   prohibit- 
ing    advertising     with     respect     to. 
1916A-908. 

Pictures  or  names  of  private  persons, 
right  of  action  for  unauthorized  use 
as  advertisement.     2-575. 

Postal  laws,  advertising  for  agents  as 
scheme  to  defraud  under  federal 
statute  prohibiting  us©  of  mails  in 
furtherance.     1914D-1243. 

Theatrical  performances,  advertising  con- 
tracts.    1914B-15. 

Unfair  competition,  use  of  nusleading 
advertisement      as      constituting.     2- 

416. 

• 

Wall  of  leased  building,  right  of  tenant 
to  use  front  wall  for  display  pur- 
poses.    1912C-1127;    1916C-482. 


ADVICE  OF  COUNSEL. 

See     Injunctions;     Judgments;     Malicious 
Prosecution. 

Attorney's   liability    to    client    for   advice 
given.     1917B-19. 


ADVISORY  OPINION. 

Force  and  effect   of  advisory  opinion  by 
appellate  judges.    1917A-495. 


AEROLITES. 

Title  of  finder.     1-5. 


AESTHETICS. 

Billboards  and  signs,  municipal  regula- 
tions grounded  on  aesthetic  consid- 
erations,   validity.     1913D-959. 


AFFECTION. 

Alienation  of  affections.  See  Husband 
and  Wife. 

Consideration  for  promissory  note  exe- 
cuted by  parent  to  child,  natural 
love  and  affection  as  sufficient  con- 
sideration,    13-1365. 

AFFIANCED  PERSON. 

See   Alienation  of  Affections;    Breach   of 
Promise  of  Marriage;  Undue  Influence. 


AFFIDAVITS. 

Arrest  in  civil  action,  admissibility  of 
aflSdavits  on  motion  to  vacate. 
1915A-1281. 

Attachment,  alternative  or  disjunctive 
statement  of  grounds,  effect.  11-27; 
20-576. 

Attorney  as  notary  swearing  own  client, 
disqualification.     6-37. 

■ — sufficiency  of  affidavit  made  by  attor- 
ney for  party  to  proceeding.     7-49. 

Authentication  before  foreign  notary.  1- 
544. 

Change  of  judge  or  venue,  perjury  as 
assignable  upon  affidavit  for. 
1912A-866. 

Contempt,  affidavit  based  on  information 
and  belief,  sufficiency.  14—1042; 
1916B-959. 

Extradition,  sufficiency  of  affidavit  made 
'before  magistrate  within  federal 
statute  relating  to  interstate  extra- 
dition.    16-1100;    1916A-526. 

Grand  juror,  affidavit  impeaching  indict- 
ment,  admissibility.     1-649. 

Information  and  belief,  sufficiency  of  affi- 
davit as  basis  for  warrant  or  injunc- 
tion.    1-653;    18-817. 

Juror,  admissibility  of  affidavit  in  sup- 
port of  verdict.     1913B-761. 

— impeaching  verdict,  affidavit  as  evidence 
verdict  actually  found  differed  from 
one  returned.  3-401;  "l912A-1205; 
1918E-2S7. 

— ^misconduct  outside  jury-room  as  show- 
able   by  affidavit.     6-290. 

— quotient  verdict,  admissibility  of  affi- 
davit   to    show.     1915C-1147. 

Lost  or  destroyed  affidavit,  parol  evi- 
dence of  contents.     1916D-253. 

New  trial,  affidavits  of  others  than  wit- 
nesses as  admissible  on  application 
for.     14-423. 

^-xight  of  adverse  l>arty  to  introduce 
counter  affidavits  on  motion  for. 
1912D-1303. 

Nondenial    by    opposite    party   as    raising 

presumption      against      him.     1914A- 

932. 
Oath  administered  by  telephone,  validity. 

1917B-905. 
Eeceivership     appointment,     necessity     of 

affidavit   or    verified    bill.     1913A-608. 
— sufficiency    of    affidavit    on   information 

and  belief.     11-980. 


26      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


AFFIDAVITS — Continued. 

Search-warrants,  sufficiency  of  descrip- 
tion of  premises  in  affidavit.  17- 
232;    1916D-952. 

Sunday,  validity  of  affidavit  taken  on 
Sunday.     1916B-22. 

Telephone,  affidavit  made  by  telephone, 
validity.     1917B-903. 


AFFINITY. 

Incest,   relationship   by  affinity   as   within 
statute    against    incest.     1913A-102. 

Life  insurance,  relationship  by  affinity  as 
insurable   interest.     1917C-158. 

Termination    of    relationship    by    affinity. 
1912B-1028. 


AFFIRMANCE. 

See  Appeal  and.  Error. 

AFFIRMATIONS. 

See  Oaths  and  Affirmations. 

AFFRAYS. 

See    Mobs;    Riots;     Unlawful    Assembly. 

AFFREIGHTMENT  CONTRACTS. 
See  Ships  and  Shipping. 

AFTERr-ACQUIRED  PROP- 
ERTY. 

Creditor's  bill  to  reach.     1914B-961. 

Estoppel  of  married  woman  joining  hus- 
band in  bargain  and  sale  deed  of  his 
property  to  set  up  after-acquired  in- 
terest.    1916A-797. 

Quitclaim  deed  as  passing  interest. 
1913C-368. 


AFTER-BORN  CHILDREN. 

Will     as     revoked     by     birth     of     issue. 
I913D-1318. 


AFTER  THE  FIRE. 

Insurance,  "after  the  fire"  as  term  re- 
ferring to  time  for  institution  of 
suit  on   policy.     10-824. 


AGE. 

Age  of  another,  presumption  that  person 
knows.     1912D-975. 

Beneficial  associations,  waiver  of  forfeit- 
ure of  benefit  certificate  for  misrepre- 
sentation of  age,  12-639;  1918I>- 
305. 

Census    reports    as    evidence    of    age.     9- 

882. 

Contributory  negligence,  applicability  in 
cases  of  tender  age.     6-707. 

Custody  of  child  on  habeas  corpus,  age 
as  consideration  in  determining  right. 
1914A-7o4, 

Death  by  wrongful  act,  age  of  child  as 
affecting  right  of  parent  to  recover 
for  loss  of  seivices  in  action  for 
negligent   killing.     1913D-470. 

Estoppel  of  infant  by  misrepresentation 
as  to  age.     4-535. 

Evidence,  Bible  entry,  admissibility  to 
show   age.     1916A-153. 

— entry  in  family  Bible  where  person 
making  is  dead  or  unknown,  admis- 
sibility   in    evidence.     1912A-1218. 

— family  record,  admissibility  of  entry  to 
show  age  where  person  making  entry 
is  alive.     6-59. 

Exhibition  of  child  on  issue  of  paternity 
as  dependent  on  age  of  child.     6-561. 

False  pretenses,  misrepresentation  by 
minor  as  false  pretense.     21-437. 

! — representation  as  to  age  by  infant  to 
induce  contract,  liability  for  falsity. 
1913A-971. 

Master  and  servant,  misrepresentation  of 
age  by  minor  as  relieving  master 
from  liability  for  negligence.  14- 
124;    1912B-805. 

Mistake  in  age  of  infant  to  whom  intoxi- 
cating liquors  were  sold,  burden  of 
proof.     19130-636. 

Public  record,  recital  as  proof  of  age. 
1918E-266. 

Rape,  ignorance  of  age  of  child  as  de- 
fense to  prosecution  for  rape.  21- 
1058. 

Taxation  according  to  age,  validity  of 
poll   tax  laws.     12-318. 

Time  of  arrival  at  specified  age.  9-269; 
17-906. 

Witness,  competency  of  witness  to  testify 
to  his  own  age.     16-592;    1918B-427. 


AGED  PERSONS— AGENCY. 


27 


AGE — Continued. 

— competency  to  testify  to  age  of  an- 
other  person.     1918A-262. 

— infant  as  witness,  age  as  test  of  com- 
petency.    14^3. 

Writing,  competency  of  witness  to  testify 
to   age    of    writing.     1913D-34. 


AGED  PERSONS. 

Guardianship,  validity  of  statute  provid- 
ing for  appointment  of  guardian. 
1917A-874. 


AGENCY. 

See   Brokers;    FarCtors. 

1.  In  General. 

2.  Creation  and  Termination. 

3.  Eights,  Duties  and  Liabilities  Inter  Se. 

4.  Eights,    Duties    and    Liabilities    as    to 

Tliird  Persons. 

A.  AuTHOfiiTY  OF  Agent. 

B.  Manner  of  Exercising  Authority. 
C  Delegation  of  Authority. 

D.  Unauthorized  or  Wrongful  Acts 

OF  Agent. 

E.  Eight  of  Action  by  Agent. 

F.  Liability  op  Agent. 

G.  Ratification  of  Agent's  Act. 
H.  Undisclosed  Agency. 

I.  Notice    to    Agent    as    Notice    to 
Principal. 

1.    In  General. 

Automobile  sales  agency  contracts,  nature 
and  construction.  1917E-568,  581; 
1918E-466. 

Carrier  of  passengers,  liability  for  act 
of  agent  in  informing  passenger  as 
to   route.     13-968. 

Conversion  by  agent  of  funds  of  which 
he  is  entitled  to  percentage  as  com- 
mission as  constituting  embezzle- 
ment.    15-1227. 

Corporations,  agent  of  private  corpora- 
tion   as    "officer."     5-223. 

Discovery,  agent  as  party  defendant  to 
bill.     20-909. 

Ejectment  against  agent  or  servant  in 
actual  possession  of  premises,  right 
to   maintain.     1913C-356. 

Escrow,  delivery  of  instrument  to  agent 
of  person  to  be  benefited  as  delivery 
in     escrow.     19-250. 


AGENCY— Continued. 

Factors'  acts,  who  are  agents  within 
meaning  of   factor's   acts.     18-91. 

— distinction  between  factor  and  broker. 
1913C-1018. 

"Fiduciary  capacity,"  agent  as  acting  in 
fiduciary  capacity  withia  Bankruptcy 
Act.     1915A-1297. 

Foreign  corporation,  maintenance  of 
agency  or  solicitation  of  business  by 
agent  in  state  as  doing  business 
therein.  18-34;  1912A-555;  1913E- 
1156. 

Forgetfulness  of  agent  as  ground  for 
opening  or  setting  aside  judgment. 
1914B-590. 

Gift  causa  mortis  deliverable  by  agent 
of   donor,   validity.     2-1004. 

Guardian  as  included  within  term 
"agent."     1913B-85. 

Libel  and  slander,  communication  be- 
tween insurance  company  and  agent 
as  privileged.     1913C-616. 

— letter  read  by  agent  as  constituting 
publication  of  libel.     1-190. 

Postal  laws,  advertising  for  agents  as 
scheme  to  defraud  within  federal 
statute  prohibiting  use  of  mails  in 
furtherance    thereof.     1914D-1243. 

Process,  foreign  corporation,  validity  of 
statute  providing  for  service  on 
agent.     6-^2;     1916E-339. 

— mechanic  as  agent  for  service  of  pro- 
cess.    1914D-988. 

— partnership,  validity  of  statute  provid- 
ing for  service  on  agent  of  nonresi- 
dent   partnership.     1916D-813. 

— who  is  agent  within  statute  providing 
for  service  of  process  on  agent  of 
foreign  corporation.  19-200;  1914D- 
985. 

Sheriff  acting  as  agent,  validity  of  execu- 
tion   sale    to    himself.     1914B-S36. 

Stock  broker's  agent,  where  responsibil- 
ity  for   his  acts   rests.     1915B-915. 

Taxation  of  business  of  taking  orders  for 
foreign  goods  or  services  as  at- 
tempted regulation  of  interstate  com- 
merce.    2-701;     14-865;     1916B-496. 

Witness,  competency  of  husband  or  wife 
respecting  transaction  wherein  wit- 
ness acted  as  agent  for  spouse. 
1915B-945. 


28      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


AGENOT— Continued. 

2.    Creation  and  Termination. 

Corporation,  contract  of  employment  of 
agent  as  breached  by  voluntary  wind- 
ing up  of  corporation.     1-428. 

Execution  of  written  instrument  in  per- 
son's presence  and  by  his  direction 
as  act  of  agent  or  principal.  1912D- 
1356. 

Husband  and  wife,  implied  agency  of 
wife   or  husband.     1913C-879. 

Minor  child  as  agent  for  father,  implied 
authority.     1913C-830. 

Revocation  of  agency  by  death  of  princi- 
pal.    1917E-380. 

Subagents,  appointment  and  powers. 
1915D-7. 


3.    Rights,  Duties  and  Liabilities  Inter  Se. 

Accounting,  right  of  agent  to  file  bill 
against   principal.     1914B-1028. 

Collateral  oral  agreement  as  admissible 
to  supplement  agency  contract. 
1914A-458. 

Commissions,  right  of  agent  for  sale  of 
goods  where  buyer  rejects  goods  or 
fails  to  pay.  'l915B-169;  1915I>- 
539. 

Compensation,  breach  of  contract  to  sell 
on  commission,  profits  recoverable  as 
damages.     6-976;    1917B-1194. 

— ^illegal  contracts  as  to  compensation  of 
agents  of  vendor  or  vendee.  1-573; 
1917A-511. 

— misconduct  of  agent  as  affecting  re- 
covery   for    services.     5-613. 

— sale  of  land  effected  by  person  other 
than  real  estate  broker,  amount  of 
compensation  where  ~  contract  fails  to 
fix.     1916E-306. 

Del  credere  agent,  nature  and  extent  of 
liability   to    principal.     19160-1091. 

Denial  of  principal's  title  to  moneys  or 
property  received  as  agent,  right  of 
agent.     8-570;   13-1184. 

Exclusive  selling  territory  invaded  by 
principal,  measure  of  damages  recov- 
erable by  agent.     1912C-1252. 

Expenses  of  agent,  power  to  bind  prin- 
cipal for  traveling  expenses.  1917C- 
840. 

Gift  inter  vivos  from  principal  to  agent, 
validity.     15-1133. 


AGENCY— Continued. 

Indemnity  by  principal  to  agent  for  acts 
of  latter,  implied  promise.  19120- 
990. 

Insurance  agent,  termination  of  agency 
as  affecting  right  of  agent  to  com- 
missions on  renewal  premiums.  7— 
1169;    1912A-529. 

Interpleader,  agent's  right  es  against 
principal.     1-513. 

Judgment  against  principal  as  evidence 
against   surety.     1915D-ilO. 

Knowledge  of  matters  acquired  by  agent 
before  entering,  or  outside  of  scope 
of,  employment,  duty  to  disclose  to 
principal.     191oE-819. 

Libel  or  slander  by  agent,  liability  of 
principal.     21-343. 

Quieting  title  by  principal  based  on 
agent's   possession.     18-860. 

Resulting  trust  arising  from  purchase  of 
land  for  principal  in  agent's  name. 
5-255;    12-805. 

Sale  or  transfer  by  agent  to  himself, 
validity.     1912A-1172. 

Subrogation  of  agent  to  rights  of  princi- 
pal.    17-204. 

— tax  lien,  subrogation  of  agent  paying 
tax  against  principal.  17-1136; 
1912B-751. 

Title  of  principal  to  moneys  or  prop- 
erty received  as  agent,  right  of 
agent   to   deny.     8-570;    13-1184. 

Traveling  salesman,  carrying  side  line  as 
breach   of   contract.     1918C-952. 

Undue  influence,  existence  of  relation  of 
principal  and  agent  as  affecting  right 
to    set   aside   trust.     1918C-846. 

4.    Eights,   Duties   and   Liabilities   as   to 
Third   Persons. 

A.    Authority  of  Agent. 
Advertising  contract  for   principal's  busi- 
ness,   authority    of    agent    to     enter 
into.     1914D-802. 

Alien  enemy,  agent's  authority  as  af- 
fected by  his  becoming  alien  enemy 
1917C-197. 

Alteration  of  instrument  by  agent  as 
binding   on  principal.     1914A-59. 

Contract  limiting  liability  of  carrier, 
authority  of  agent  shipping  goods  to 
enter  into.  1-676;  19-806;  1913E- 
292;   1917E-653. 


AGENCY. 


29 


AGENCY — Continued. 

Corporate  agent,  authority  to  hire  em- 
ployees.    1914B-831. 

Declaration  or  admissions  of  agent  not 
made  contemporaneously  with  occur- 
rence or  transaction,  admissibility  in 
evidence.  3-621;  13-85&;  1915  A- 
1040. 

Deeds,  authority  of  agent  of  grantor  to 
insert  grantee's  name  omitted  from 
deed  as  affecting  validity  of  instru- 
ment.    1912A-539. 

— grantor  as  agent  of  grantee  to  accept 
delivery    of   deed.     12-1072. 

Pire  insurance  agent,  authority  to  insure 
own    property   with   principal.     12-95. 

— construction  of  clause  in  policy  requir- 
ing written  authority  to  agent. 
1912C-367. 

Frauds,  statute  of,  necessity  that  agent 
have  written  authority  to  make 
memorandum  required  by  statute  of 
frauds.     7-1101;    1912B-1295. 

— signature  by  agent  to  memorandum  re- 
quired by  statute.     4-893. 

Implied  authority  of  officers,  agents,  or 
servants  to  contract  for  medical,  sur- 
gical or  other  attendance  or  supplies 
for  sick  or  injured  persons.  3-570; 
1912C-474;   1918A-791. 

Independent  contractor,  person  employed 
as  sales  agent  as  constituting. 
1918C-658. 

Insurance  agent  as  agent  for  insured, 
right   to  act.     6-441. 

— limitations  on  authority  of  agent  to 
waive  conditions  in  policy,  effect.  2- 
112;    9-380;    1914A-590. 

— right  to  insure  own  property,  or  prop- 
erty of  corporation  of  which  he  is 
stockholder.     12-95;    1916I>-1278. 

Payment,  application  of  payment,  right 
of  agent   to    control.     1917C-584. 

— check  or  draft  as  payment  of  debt,  au- 
thority of  agent  to  receive  in  ab- 
sence of  express  instructions.  9- 
1198. 

— ^lack  of  possession  of  evidence  of  in- 
debtedness as  evidence  on  question 
of  authority  of  agent  to  receive  pay- 
ment.    19-666. 

Power  to  option  es  not  included  within 
power   to    sell.     2-423;    1914C-366. 

Power  to  sell  as  including  power  to 
barter  or   exchange.     10-421. 


AGENCY— Continued. 

Traveling  salesman,  binding  contract  of 
sale,   power    to    make.     1912B-356. 

— collection  of  accounts,  authority  to 
make.     7-650;    14-858. 

Vendor  and  purchaser,  authority  ex- 
pressly given  agent  to  sell  land, 
validity  of  contract  containing  terms 
not      expressly      authorized.     1914D- 

1087. 

Verification  of  pleadings  by  corporate 
agent.     1913A-212. 

Warranty,  authority  of  agent  to  warrant. 
1913D-473. 

B.    Manner  of  Exeecising  Authority. 

Attorney  in  fact,  execution  and  acknowl- 
edgment of  instrument,  proper 
method.     1913I>-102, 

Joint  or  several,  agency  given  to  two  or 
more.     1915C-618. 

"Warranty  to  agent  as  inuring  to  benefit 
of    undisclosed    principal.     1918B-13Q, 

C.    Delegation  op  Authority. 

Collection  agent,  delegation  of  authority 
by.     1915D-12,    19, 

Delegation      of      authority      by      agent. 

1915D-7,    26,   30,   31. 
— ^power  of   eminent   domain   conferred  on 

principal    as    delegable    to    an   agent. 

1-537. 

D.    Unauthorized  or  Wrongful  Acts  op 

Agent. 
Adulterated    food,    liability    of    principal 
for   sale  by  agent.     17-135. 

Automobiles,  agent's  negligence  in  driv- 
ing, liability  of  owner.  10-732;  12- 
972;  1914C-1087;  1916A-659;  1917D- 
1001,    1008. 

Executor  de  son  tort,  when  agent  is 
chargeable    as.     1917E-11. 

False  imprisonment,  liability  of  principal 
for  act  of  agent  causing.  1-723; 
1914B-637. 

Fraud  of  agent,  liability  of  principal  es 
dependent  on  whether  fraud  is  com- 
mitted for  his  benefit.     1913B-829. 

Insane  agent,  liability  of  principal  for 
negligent    or    tortious    acts.     4-135. 

Intoxicating  liquor,  illegal  sale  by  agent 
against  instruction  of  principal  as 
affecting    latter's    liability.     13-324. 


30      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


AGENCY— Continued. 

—minor  acting  as  agent  in  purchase  of 
liquor  as  affecting  liability  for  ille- 
gal   sale.     6-867;    21-187, 

Malicious  prosecution  instituted  hj  agent, 
liability  of  principal.  1-723;  1914B- 
637. 

Misappropriation  of  funds  by  agent  for 
both  borrower  and  lender,  who  bears 
loss.     1913C-46S. 

Pledge  of  personalty  by  agent  contrary 
to  express  instructions,  pledgee's 
rights    against    principal.     1913C-612. 

— principal's  right  to  recover  property  or 
its  value  when  pledged  by  agent 
without    authority.     1913C-1290. 

Torts  of  agent,  liability  of  wife.     21-875. 

Trade  iinions  as  liable  for  wrongful  con- 
duct   of    agents.     5-601. 

Transportation  of  money  by  agent  of 
common  carrier  without  authority, 
liability    of    principal.     4^769. 

Usurious  contract  by  agent  as  binding 
principal.     1916C-327. 

Weights  and  measures,  agent  giving  false 
weight  or  measure,  liability  of  prin- 
cipal for  act.     1914B-1077. 

E.    Right  of  Action  by  Agent. 

Tort  of  third  person,  right  of  action  of 
principal    or   agent.     1915B-1297. 

Trover,  right  of  agent  in  possession  of 
personalty  to  maintain  for  its  con- 
version by  stranger.     18-572. 

F.    LiABiuTY  OF  Agent. 

Action  against  agent,  right  of  action 
after  judgment  against  principal. 
17-614. 

Agent  conducting  other  than  liquor  busi- 
ness without  license  required  by  law, 
personal    liability.     1913B-860. 

Commissions  of  real  estate  broker,  lia- 
bility of  agent  employing  broker. 
1913E-345. 

Contracts  in  name  of  principal  without 
authority,  liability  of  agent  execut- 
ing.    3-219;     1915D-722. 

Exoneration  of  agent  from  personal  lia- 
bility for  illegal  receipt  of  money  by 
payment  over  to  principal.  1912D- 
721, 

Gaming,  liability  of  principal  or  agent  to 
loser.     1918E-139. 


AGENCnr— Continued. 

Insurance  agent,  cancellation  or  reduc- 
tion of  policy  as  directed,  liability 
of  agent  to  principal  for  failure. 
1918C-1043. 

• — collection  of  premium,  liability  of 
agent  to  company  for  failure. 
1916D-651. 

— failure  to  procure  insurance,  liability 
of  agent  to  owner  of  property. 
1918B-1037. 

— issuance  of  policy  in  violation  of  in- 
struction, liability  to  company. 
1917B-493. 

— ^placing  insurance  in  insolvent  com- 
pany, liability  of  agent  to  insured. 
1912B-41. 

— unearned  premium  on  cancellation  of 
policy,  agent  as  liable  for.  1916A- 
1131. 

Intoxicating  liquors,  liability  of  person 
who  acts  as  agent  for  purchaser  for 
violation  of  liquor  law.  1912C-633; 
1917E-600. 

^-personal  liability  of  agent  of  liquor 
dealer  for  violation  of  liquor  law. 
19-582. 

Misfeasance  of  agent  having  charge  of 
real  property,  personal  liability. 
1918I>-233, 

Warranty  by  agent,  personal  liability 
for  "breach.     19-773. 


G.    Ratification  of  Agent's  Act. 

Loan  procured  by  agent  without  author- 
ity, effect  of  retention  by  principal 
of  benefit.  3-1145;  1913E-1115; 
1916A-184. 

Ratification,  as  principal,  of  act  of  an- 
other representing  himself  to  be 
agent.     13-279. 

Right  to  show  ratification  of  agent,  under 
general    denial    in    replevin.     20-301. 

Silence  as  ratification  of  act  of  stranger. 
1912B-lol. 

H.    Undisclosed   Agency. 

Agent's  right  to  sue  on  contract  for  un- 
disclosed principal  made  in  his  own 
name.     6-556;    1917A-454. 

Carriers,  rights  of  undisclosed  principal 
of  person  shipping  goods  or  livestock, 
as    against    carrier.     1918A-826. 

Contract  involving  personal  trust  and 
confidence    in   agent,    right    of    undis- 


AGGRAVATION— AGRICULTURE. 


31 


'AGENCY — Continued. 

closed   principal    to    enforce.     15-238; 
1912C-907. 

Enforcement  by  undisclosed  principal  of 
contract  by  agent  as  affected  by  con- 
sideration moving  from  principal. 
1915D-721. 

Frauds,  statute  of,  sufficiency  of  memo- 
randum of  sale  of  lands  disclosing 
that  it  is  signed  by  one  party  for 
undisclosed    principal.     12-487. 

Judgment  against  agent,  right  of  action 
against  undisclosed  principal  there- 
after.    8-1026. 

— against  undisclosed  principal  as  affect- 
ing right  of  action  against  agent. 
17-614. 

Negotiable  paper,  liability  of  undisclosed 
principal.     12-679. 

Sealed  contract,  liability  of  undisclosed 
principal.     3-980. 

Setoff  of  claim  against  agent,  right  of  per- 
son sued  by  undisclosed  principal.  8- 
554, 

Undisclosed  principal,  who  is  not  sole 
party  in  interest,  right  to  sue  on 
contract  made  by   agent.     13-955. 

Warranty  to  agent  as  inuring  to  benefit 
of    undisclosed    principal.     1918B-130. 

L    Notice  to  Agent  as  Notice  to  Prin- 
cipal. 

Bankruptcy  proceedings,  effect  of  dis- 
charge on  claim  omitted  from  sched- 
ule where  agent  had  knowledge  of 
proceedings.     1912A-549. 

Cancellation  of  fire  insurance  policy,  suffi- 
ciency of  notice  to  agent.  17-795; 
1915A-1233. 

Dissolution  of  partnership,  notice  to 
agent   as   notice   to   principal.     9-244. 

Insurance  company,  who  is  agent  so  as 
to  make  his  knowledge  imputable  to 
company.     1913A-849. 

Knowledge  of  agent  acquired  before  be- 
coming such  as  imputable  to  princi- 
pal.    1912D-95. 

Mechanic's  lien,  sufficiency  of  service  of 
notice   on  agent   of  owner.     16-355. 

Viciousness  of  animal,  knowledge  by 
agent  as  imputable  to  owner.  18- 
673. 

Telegraph  messages,  notice  br  agent  of 
addressee  of  exemption  from  liability 
printed  on  telegraph  blank  as  bind- 
ing on  addressee.     19-902. 


AaGRAVATION. 


Injury  aggravated  by  treatment,  liability 

for  malpractice.     21-514. 

* 

AGISTMENT. 
See  Livery-stable  Keepers. 


AGREED  CASE. 

Additional  evidence,  power  of  court  to  re- 
ceive on  a  submitted  controversy. 
1915D-256. 

Court's  power  of  inference  upon  submis- 
sion  of   agreed   case.     11-148. 

Power  of  guardian  ad  litem  to  join  in 
agreed  statement  of  facts.  1915A- 
1292. 

AGREEMENTS. 

See   Contracts. 


AGRICULTURE. 

See   Crops;    Fairs  and  Expositions. 

Agricultural  societies  as  quasi-public  cor- 
porations.    18-1065. 

Aid  as  war  defense  measure.  191SD- 
1105. 

Diseased  fruit  trees,  fruit  or  vegetables, 
validity  of  statute  providing  for  de- 
struction.    1917E-220. 

Farm    loan   statute,    validity.     1917E-216. 

Hay,  person  employed  to  assist  in  baling 
as  independent  contractor.  1918C— 
656. 

Insect  pests,  validity  of  statute  providing 
for    extermination.     1913A-412. 

Lien  on  crops,  right  of  farm  laborer.  20- 
356. 

Long  leases  of  agricultural  lands,  con- 
struction and  effect  of  constitutional 
or  statutory  prohibition  against.  15- 
345;  1914A-349. 

Noxious  weeds,  duty  of  land  owner  to 
destroy.     1913D-432;  1917A-183. 

Seed,  regulating  sale,  validity  of  statute. 

1917E-167. 
— warranty,  express   or  implied  warranty 

on   sale.     1918B-72,   96. 

Taxation  of  farming  land  within  munici- 
pal limits.     1912A-342. 

Thresher's  liens.     11-1003. 


32      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


AGRICUIiTURE — Continued. 

Torts,  liability  of  agricultural  board  or 
society  in  tort.     1914B-1295. 

Waste,  changing  character  of  land  as  con- 
stituting.    1918D-543. 

Workmen's  Compensation  Act  as  applica- 
ble to  agricultural  occupations. 
1917D-12. 

AID. 

Appropriation  in  aid  of  railroad  as  within 
constitutional  provision  against  giving 
or  loaning  of  money  or  credit  of  state 
or  municipality.     1913C-1233. 


AIR. 

Pollution  by   gasworks  as  nuisance. 
1250. 


21- 


AISLES. 

Obstructing  aisles  of  cars  with  baggage 
or  similar  articles  as  negligence  of 
carrier.  12-887;  1913B-814;  1914D- 
16S. 

ALCOHOL. 

See   Intoxicating   Liquors. 

ALCOHOLISM. 

See  Drunkenness. 


ALDERMAN. 

Alderman    as    municipal    officer.     1914I>- 
1230. 

ALIAS. 

Necessity  of  proving  both  real  name  and 
alias    where    both    are    pleaded.     19- 

ALIBI. 

See   Criminal   Law. 


ALIENATION   OF   AFPEC- 
TIONS. 

Affianced  person,  right   of   action  by  be- 
trothed.    1915B-544. 

Bankruptcy     discharge,     effect     on    judg- 
ment.    3-169;    12-1011. 

Defense,   lack    of   affection   between   hus- 
and   wife.     7-689. 


ALIENATION  OF  AFFECTIONS— Con- 
tinued. 

Divorced  spouse,  right  to  maintain  action 
for  alienation  of  affections.  1912D- 
619;   1915A-347. 

Excessive  verdict,  what  is.     1912A-950. 

Financial  circumstances  of  defendant,  ad- 
missibility    of    evidence.     1914B-803. 

Limitations  applicable  to  action  by  wife. 
1912C-1183. 

Parent  or  guardian,  liability  for.  8-813; 
9-960;   1917E^-1017. 

Eelative  other  than  parent  or  guardian, 
liability.     1917E-1027. 

Ees  judicata,  divorce  decree  as  conclusive 
of  matters  common  to  both  actions. 
1916B-901,   920. 

Separation  of  spouses,  acts  committed 
after  separation  as  adnussible  in  evi- 
dence.    1917D-484. 

— actual  separation  or  abandonment  as 
prerequisite  to  action.     191SA-647. 

"Wife's  right  of  action  for  alienation  of 
affections.  6-661;  14-47;  191SC-1179; 
1916C-748. 

ALIENATION  OF  CORPORATE 
STOCK. 

See  Corporations. 

ALIENATION  OF  REALTY. 

See   Deeds;    Fire   Insurance;    Homestead; 
Marshaling  Assets;    Wills. 


ALIENS. 

Adverse  possession  of  realty,  right  to 
acquire  title  by.     1913C-1240. 

Alien    enemies,    actions    by,    right    to    sue. 

1918E-347. 
— expatriated     person     as     alien     enemy, 

1916D-306. 

t — rights  and  liabilities  as  affected  by  war. 

1917C-189,    227;     1917E-484;     1918C- 

709,  741;  1918D-583,  601. 
— ^who  are  alien  enemies.    1917C-1S9,  227; 

1918C-709,  741. 

Conveyances  to  alien,  estoppel  of  grantor 
in  deed  to  deny  title  of  alien  grantee 
on  gro.und  that  latter  cannot  hold 
property.     13-532. 

Curtesy,  right  to  take  estate  as  tenant 
by  curtesy.     7-504. 


ALIGHTING  FROM  CAR  OR  TRAIN— ALIMONY. 


33 


ALIENS — Continued. 

Death  of  alien  by  wrongful  act,  adminis- 
trator of  alien  as  vested  with  right 
of  action.     12-223. 

— nonresident  alien's  right  to  maintain 
action.     2-682;    9-llSO. 

Discrimination  against  aliens  in  employ- 
ment of  laborers,  validity  of  statute. 
1917B-286. 

— laundry  regulation  discriminating 
against   aliens.     21-981. 

Dual  allegiance,  war  as  affecting  declara- 
tion   of    alienage.     1917E-4S4. 

Executor  or  administrator,  right  of  alien 
to   act   as.     3-988;    1912A-747. 

Federal  control  after  their  arrival.  16- 
1069. 

Immigration,  classes  excluded  by  act. 
1917C-235. 

Importing  or  soliciting  alien  contract 
labor  as  crime.     1917C-261. 

Inheritance  of  real  property,  right  as 
affected  by  treaty  with  foreign 
country.     1912A-1100. 

Licenses,  denial  for  certain  occupations 
as  lawful  exercise  of  state's  police 
power.     11-516. 

Marriage,  alien  woman  to  citizen  as  af- 
fecting her  citizenship.     1915B-266. 

— woman  citizen  to  alien,  effect.  1915B- 
265;    1916E-64S'. 

Military  service,  alien  as  subject  to  con- 
scription.    1917C-814;   1917E-484. 

Naturalization,  cancellation  of  certificate, 
power  of  state  court.     1914B-229. 

— fitness  for  naturalization  as  determined 
by  moral  or  intellectual  qualifications. 
16-281. 

— ^jurisdiction  of  state  court  in  naturaliza- 
tion proceedings.     1915C-428. 

— revocation  of  naturalization,  grounds. 
1917C-45, 

— validity  of  state  legislation  with  re- 
spect to  naturalization.     1912A-817. 

Prostitution,  immigrant  prostitution  or 
immorality.     1917C-250. 

Public  lands,  succession  by  alien  to  rights 
of  homesteader  before  perfection  of 
title.     1912C-696. 

Public  work,  employment  of  aliens  pro- 
hibited, validity  of  statute.  1915B- 
1271. 

Index  to  Notes — 3 


ALIENS — Continued. 

Eemoval  of  causes  to  federal  court, 
waiver  of  want  of  jurisdiction  of  par- 
ticular   court.     14-1174. 

Stranger,  in  sense  of  alien.     1912D-1190. 

Succession  tax  on  transfers  to  alien. 
1912A-857. 

Trademarks  and  trade  names,  protection 
accorded   aliens.     5-560;   1914C-932. 

Treason  by  domiciled  alien.     8-77. 

ALIGHTING  FROM  CAR  OR 
TRAIN. 

See      Carriers      of      Passengers;      Street 
Railways. 

ALIMONY. 

1.  In  General 

2.  Right  to  and  Amount  of  Allowance. 

3.  Stage  of  Proceedings  Wlien  Allowable. 

4.  Enforcement  of  Decree. 

5.  Modification  of  Allowance. 

6.  Discharge  or  Expiration  of  Allowance. 

1.    In   General 

Appeal   from   order    granting   or   refusing 
temporary  alimony,  right  of.     21-600. 
Assignability    of    alimony.     10-393. 

Continuance  of  divorce  case  on  applica- 
tion for  temporary  alimony.  1914B- 
362. 

Contract  relating  to  alimony  with  intent 
to  facilitate  procuring  of  divorce, 
validity.  11-357;  1915A-S11;  1918E- 
902. 

Conveyance  by  husband  with  intent  to 
deprive  wife  of  alimony,  validity. 
1918B-936. 

Creditor's  biU,  alimony  as  reachable  by. 
1914B-961, 

Debts  of  wife,  alimony  allowance  as  sub- 
ject of  payment.     21-1348. 

Disposal  of  personalty  by  husband  dur- 
ing coverture  as  affecting  allowance 
of   alimony    to   wife.     1918B-936. 

Divorce  decree  as  res  judicata  with  re- 
spect  to   alimony.     1916B-898,   918. 

Lis  pendens  action  for  divorce  and  ali- 
mony as  within  law  of  lis  pendens. 
1913D-950. 

Money  claims  between  husband  and  wife, 
effect  of  allowance  of  alimony.  21- 
967. 


34      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


ALIMONY— Continued. 

Trustee    for   alimony,   power    of   court   to 

appoint.     1914D-991. 
Wife's  property  as  subject  to  restoration 

in   form  of  alimony.     21-1107. 

2.  Bight  to   and  Amoimt  of  Allowance. 

Adultery  of  both  parties,  recovery  of  ali- 
mony or  allowance  by  wife  in  matri- 
monial  action.     15-376. 

Confinement  of  wife  in  prison  or  other  in- 
stitution where  she  is  supported  with- 
out cost  to  herself  or  her  estate  as 
affecting  her  right  to  alimony.  13- 
752. 

Foreign  divorce  granted  husband,  right  of 
wife  to  maintain  action  for  alimony. 
1912C-2S9. 

Gross  sum,  allowance  of  alimony  in  gross 
sum.     1-224;   1917A-248. 

Husband's  right  to  alimony  in  action  for 
divorce.     19-1140;    1915B-794. 

Infancy  as  defense  to  application  for  ali- 
mony.    1913A-545. 

Proof  of  marriage  as  prerequisite  to  al- 
lowancfi  of  temporary  alimony,  neces- 
sity and  sufficiency  of.  10-558; 
1913A-664. 

Proportion  of  husband's  estate  proper  to 
be  awarded  to  wife.  1913A-803; 
1914r)-319. 

Title  to  husband's  property,  power  of 
court  to  vest  in  wife  as  alimony.  5— 
469;    1912A-894. 

Wife's  right  to  alimony  where  divorce 
granted  against  her.  20-24;  1915C- 
1252. 

3.  Stage  of  Proceeding  Wlieii  Allowable. 

Allowance  of  permanent  alimony,  after 
divorce   decree.     1915D-1064. 

Annulment  of  marriage,  power  of  court 
to  grant  alimony  pendente  lite  in  ac- 
tion  for   annulment.     5-380;    20-1347. 

— wife's  or  child's  right  to  provision  for 
future  support.     14-885. 

Appeal   in   matrimonial   action,    allowance 

of  temporary  alimony  pending  appeal. 

3-51;   15-229;  1915B-1249. 
Defendant    not    personally    served,    power 

of  court  to  decree  alimony  and  costs. 

2-819;   14-362. 

Independently  of  divorce  proceedings, 
power  of  court  to  decree.  1913D- 
1132;   1914B-932. 


AJLIMONY— Continued. 

Suit  to  set  aside  divorce  decree,  power 
of   court   to  -award   alimony.     19—455. 

4.  Enforcement  of  Decree. 

Action  at  law  for  enforcement  of  decree 
for  alimony.  3-579;  8-700;  10-547; 
20-1068. 

Contempt,  inability  to  comply  with  order 
or  decree  for  alimony  as  defense  to 
charge  of  contempt.     15-945. 

Imprisonment  for  failure  to  pay,  appli- 
cability of  constitutional  or  statutory 
provisions  against  imprisonment  for 
debt.     1913E-1087. 

Lien  of  decree  for  alimony  on  realty.  9- 
90;   18-565;   1914D-888. 

Ne  exeat  in  suit  by  wife  for  divorce  and 
alimony.     3-295. 

5.  Modification  of  Allowance. 

Accrued  alimony,  power  of  court  to  mod- 
ify decree  therefor.  1914A-302; 
1916E-941. 

Agreement  of  parties  as  basis  for  decree 
of  alimony,  power  of  court  to  modify 
decree.     13-296;   1912C-446. 

Divorce  decree  failing  to  provide  alimony 
as  subject  to  modification.  191SE- 
1230. 

Misconduct  of  wife  subsequent  to  divorce 
as  ground  for  modification  of  decree 
for    alimony.     1914D-597. 

Power  of  court  to  modify  decree  for  ali- 
mony after  life  of  decree.     5-940. 

6.    Discharge  or  Expiration  of  Allowance. 

Bankruptcy  discharge,  effect  on  claim  for 
alimony.     2-268. 

Life  of  decree  for  permanent  alimony.  2- 
915;   1917A-582. 

Eeconciliation  of  parties,  effect  on  decree 
or  order  for  payment.     1912A-937. 

Kemarriage  of  divorced  wife,  as  affecting 
decree   for   alimony.     11-523. 


ALL. 

Minerals,  meaning  of  term  with  respect 
to.     1917E-70. 

Prohibitory  or  regulatory  statute,  mean- 
ing of  term  as  used  in.     1917E-39. 

Will,  meaning  of  "all"  as  used  in  con- 
nection with  rest,  residue  or  re- 
mainder.    1917E-75. 


ALL  DAMAGES— ALTERATION  OF  INSTRUMENTS. 


35 


ALL  DAMAGES. 

Meaning  of  term.     1917E-82. 

ALL  MATTERS. 

Meaning  of  term.     1917E-S7. 

ALL  PROPERTY. 

Meaning  as  used  in  instrument,  statute, 
etc.,  other  than  wilL    1917E-58. 

ALL  REVENUE. 

Legal   meaning.     1918B-206. 

ALLEGATIONS  OF  INDICT- 
MENT. 

Necessity  of  proving  unnecessary  allega- 
tions.    4^756;  13-311. 

ALLEYS. 

street  or  highway,  alley  as.     15-968. 

ALLOWANCES. 

See  Alimony;  Executors  and  Adminis- 
trators; Pul)lic  Officers;  Workmen's 
Compensation. 

ALLUVION. 

See  Accretions. 

ALMSHOUSES. 

Municipal  liability  in  respect  to  condition 
or  performance  of  duties  incidental  to 
almshouse.     4r-624;    191SD-810. 

ALTERATION  OF  INSTRU- 
MENTS. 

1.  Materiality. 

2.  Effect. 

3.  Pleading  and  Proof. 

1.    Materiality. 
Addition     of     words     "or     bearer,"     "or 
order,"  or  substitution  of  one  expres- 
sion for  other  as  material  alteration. 
1917C-1177. 

Change  in  name  of  payee  of  negotiable 
instrument,  as  material  alteration. 
1913C-183. 


AliTERATION      OF      INSTRUMENTS— 

Continued. 

Correcting  name  of  party  as  material  al- 
teration.    1912A-1045. 

Date  of  negotiable  instrument,  alteration 
as    material.     1913D-725. 

Drawing  lines  through  or  across  part  of 
instrument  as  material  alteration. 
18-415. 

Insertion  of  name  of  attesting  witness  as 
material  alteration  of  instrument. 
17-757. 

2.    Effect. 

Agent's  act  as  binding  on  principal 
1914A-59. 

Ancient  documents,  effect  of  alteration 
upon  admissibility  in  evidence.  1- 
322. 

Blanks,  implied  authority  to  fill;  so  as  to 
complete  signed  instrument.  2-331; 
1912B-1010;   1917E-518. 

Deeds,  effect  of  grantor's  act  after  de- 
livery and  without  consent  of 
grantee.     10-459;    21-341. 

Detaching  contract  or  memorandum  at- 
tached to  promissory  note,  effect. 
1917E-603. 

Forgery   arising  from   alteration.     9-1112. 

— suflBciency  of  indictment  with  respect  to 

setting  out  instrument.     17-501. 

Lease,  alteration  as  effecting  discharge  of 
surety.     6-359. 

Negotiable  instrument  altered  by  stranger 

to   contract,  effect.     18-223. 
— blanks    fraudulently    filled    in,    liability 

of  maker  to  bona  fide  holder.     8-186; 

11-197. 
— material  alteration  of  note  as  affecting 

mortgage   security.     1913E-317. 

Parol    alteration    of    contract   as    affected 

by   statute   of  frauds  where   contract 

has     been     acted     upon     as     altered. 

7-1041;  1913E-750. 
Payment   of   altered   instrument  by   bank. 

Tight  to  recover  money  paid.     1912D- 

497. 
Ratification      or     waiver     of     alteration. 

1917D-335,    349. 
Receipt,    material    alteration    as    affecting 

its  admissibility  in  evidence.     1913C- 

277. 
Wills,   effect  of  canceling,   obliterating  or 

destroying   particular    clause    of   will. 

1912D-174, 


36      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


ALTEBATION  OF  INSTRUMENTS — 
Continued. 

• — ^interlineation  or  alteration  made  by  tes- 
tator.    1915C-74. 

3.    Pleading  and  Proof. 

Necessity  that  defendant  plead  specially 
alteration  of  instrument  upon  which 
suit  is  brought.     1913E-252. 

Parol  evidence,  admissibility  to  show  un- 
authorized alteration.     12-9S5. 

— alteration  before  execution  as  explain- 
able by  parol.     1913C-344. 

Presumption  and  burden  of  proof  as  to 
when  alteration  or  interlineation 
made  in  deed.     1914B-1090. 

ALTERATIONS. 

See  Bills  and  Notes;  Building  Contracts; 
Porgery;  Mecbanics'  lAeon;  Waste. 

ALTERNATIVE  ALLEGATIONS. 

See  Pleading. 

AMBASSADORS  AND  CON- 
SULS. 

Consular  tribunal,  right  of  offender  to 
jury  trial.     1-705. 

Decedent's  estate,  rights  and  duties  of 
consul  with  respect  to.  1913I>-654:; 
1916D-237. 

— treaty  stipulations  as  affecting  consul's 
powers.     1918A-933. 

Jurisdiction  of  action  against  foreign  con- 
sul or  other  commercial  agent  of  for- 
eign country.     1&-915, 


AMBIGUITIES. 

Bill  of  sale,  parol  evidence  to  modify 
or   explain  ambiguity.     19-546. 

Fire  insurance  contract,  ambiguity  as  ex- 
plainable by  parol  evidence.  1914C- 
65. 

Wills,  rule  for  admissibility  of  parol  evi- 
dence in  aid  of  construction.     1915B- 


AMBULANCES. 

Ownership,  name  on  property  as  evidence. 
1915D-355. 


AMENDMENTS. 

See    Constitutional    Law;    Pleadings; 
Statutes. 

Arbitration  and  award,  pleadings  betore 
arbitrators,   right   to   amend.     20-603. 

Attachment  bond,  right  to  amend.  1917D- 
117. 

Beneficial  associations,  by-laws  of  frater- 
nal benefit  society,  validity  of  amend- 
ment as  applied  to  existing  members. 
1-717;  10-625;  1913C-675;  1914D-63; 
1917B-814. 

— charter  and  rights  of  members  as  af- 
fected by  amendment  of  statute. 
1915C-276. 

Constitution,  conflict  between  constitu- 
tion and  amendment,  construction  of. 
18-726. 

— judicial  notice  of  proceedings  for  adop- 
tion of  amendment.     1917D-1031. 

— mandatory  or  directory  nature  of 
amendment  provision.     15-786. 

Corporate  charter,  amendment  so  as  to 
shorten  corporate  existence,  power  of 
corporation.     1914C-657. 

— right  of  majority  stockholders  to  accept 
amendment  against  will  of  minority. 
1912C-1203. 

Divorce  case,  amendment  as  affecting 
right  to  continuance.     1914B-361. 

Eminent  domain  proceedings,  amendment 
or  correction  of  report  of  condemna- 
tion  commissioners.     1915A-722. 

Indictments,  constitutionality  of  statutes 
permitting.     3-55S;    1913A-402. 

Judgment,  amendment  by  nunc  pro  tunc 
order,  to  what  extent  judgment  may 
be  amended.     1915A-522. 

< — correction  on  evidence  dehors  record, 
power  of  court  at  subsequent  term. 
1913E-349. 

— power  of  court  to'^'mend  at  subsequent 
term,  where  proceeding  is  commenced 
during  term  at  which  judgment  is  ren- 
dered.    1916D-1260. 

Legislative  journals,  right  to  amend  or 
correct.     21-814. 

Mandamus,  alternative  writ,  amendment 
to  conform  with  relief  granted  by 
peremptory    writ.     1912D-673. 

Mechanics'  liens,  right  to  amend  lien 
statement   or   notice.     1915A-60. 

Motion   for   new   trial.     1917D-104. 


AMICUS  CURIAE— AMOUNT  IN  CONTROVERSY. 


37 


AMENDMENTS — Continued. 

Municipal  charter,  change,  when  to  be 
regarded  as  creating  new  charter  in- 
stead of  mere  amendment  thereof. 
1914D-1171. 

Notice  of  appeal  from  justice's  court.  21- 
1313. 

Parties,  new  parties  plaintiff,  right  to 
amend  action  by  adding.     1916C-5&1. 

— substituting  new  plaintiff  suing  for  use 
of  original  plaintiff,  right  to  amend 
pleading.     1913B-110. 

Pleading,  ad  damnum  clause,  amendment 
after    verdict.     1913B-709. 

— amendment  after  statute  of  limitations 
has  run,   effect.     1916E-1237. 

— appellate  court,  amendment  of  pleading 
to    conform    to    proof.     1913E-1315. 

— cause  of  action,  amendment  of  com- 
plaint setting  forth  additional  ground 
of  negligence  as  cause  of  same  in- 
jury, or  amendment  relying  on  same 
cause  of  action  but  curing  demurrable 
defects  in  original  complaint  as  stat- 
ing new  cause  of  action.  1913D-742; 
1914C-1025. 

— changing  capacity  in  which  plaintiff 
sues  from  representative  or  individual 
one  and  vice  versa.     1916C-401. 

— complaint  for  damages  for  personal  in- 
juries, amendment  by  changing  de- 
scription of  place  of  injury  as  intro- 
ducing new  cause  of  action.  1915B- 
219. 

— default  judgment,  right  to  amend  plead- 
ing thereafter.     1913B-481. 

■ — description  of  land  in  controversy, 
amendment  of  pleading  in  respect  to. 
14-455. 

— equity  pleading,  general  rules  as  to 
amendment.     1-976. 

— limitation  statute,  right  to  amend  so  as 
to  set  up  statute  of  limitations. 
1914A-24. 

— parties,  amendment  changing  character 
in  which  defendant  is  sued  as  bring- 
ing in   new   party.     10-150. 

— plaintiff  nonexistent,  amendment  of 
pleading.     1917D-1197. 

— plea  in  abatement,  amendment  of.  12— 
324. 

— power  of  court  sitting  at  chambers  or 
in  vacation  with  respect  to  amend- 
ments.    1916A-1229. 

— service  of  amended  pleading  on  defend- 
ant.    1913B-482. 


AMENDMENTS— Continued. 

— trial  amendment  of  pleadings.     5-674. 

Eecord,  infant  attaining  majority,  pend- 
ing action  instituted  by  him,  amend- 
ment of  record.     1914A-605. 

— nunc  pro  tunc  amendment,  sufficiency  of 
evidence  to  authorize.  1915D-681, 
692. 

Return  of  officer,  power  of  court  to  com- 
pel  sheriff  to   amend  return.     4-1168. 

— signature  on  return  as  amendable.  17- 
459. 

Statutes,  adopted  statute,  amendment 
thereof  as  affecting  adopting  statute. 
1916B-375. 

— change  in  statute,  when  to  be  regarded 
as  creating  new  statute  instead  of 
mere   amendment.     1914D-1171. 

— partial  invalidity  of  amending  statute, 
effect.     1916D-21. 

— repealing  statute,  effect  of  amendment 
as  reviving  repealed  statute.  1918B- 
281. 

Verdicts,    a^mendment   by    jury    of   sealed 

verdict.     5-394. 
"V^Vit,  jurisdictional  writ   made  returnable 

at  unauthorized  time,  right  to  amend. 

1913A-556. 

AMICUS  CURIAE. 

Appointment,  compensation,  functions  and 
powers.     1915A-193,   201,   203. 

— ^attorney  appearing  as  amicus  curiae, 
effect.     1915A-198 


AMNESIA. 

Witnesses,  amnesia  caused  by  personal  in- 
juries.    15-1149. 


AMOUNT  DUE. 

Implied  warranty  arising  out  of  assign- 
ment of  chose  in  action  "without  re- 
course."    1912A-925. 


AMOUNT  IN  CONTRO- 
VERSY. 

Appeal  and  error,  consolidated  action, 
amount  in  controversy  for  purpose  of 
appeal  from  judgment.     15-492. 

— counterclaim  filed  by  defendant  as  af- 
fecting amount  in  controversy. 
1914A-1041;   1917D-99. 


38      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


AMOUNT  IN  CONTROVERSY  —  Con- 
tinued. 

— interest  accruing  after  suit  brought,  in- 
clusion as  affecting  amount  in  con- 
troversy for  purpose  of  appeal.  13- 
396;   1914C-530. 

— several  causes  of  action  joined,  amount 
in  controversy  for  purpose  of  appeal. 
1918E-506. 

Bills  and  notes,  right  of  holder  of  promis- 
sory note  to  reduce  amount  due  to 
sum  within  jurisdiction  of  court.  5- 
308. 

— stipulation  for  attorney's  fee  in  note 
as  determining  amount  involved. 
1912B-233. 

Counterclaim  or  setoff  exceeding  jurisdic- 
tion of  court,  right  to  interpose. 
1913D-159. 

Federal  court,  jurisdiction  as  affected  by 
amount  in  controversy  in  cases  of 
joint  parties  plaintiff  or  defendant. 
5-489. 

Garnishment,  jurisdiction  as  affected  by 
amount  in  controversy  ift  principal 
ection.     3-660. 

Justice  of  peace,  amount  claimed  or 
amount  due  as  determining  juris- 
diction.    1912A-1284, 

— error  in  stating  amount  claimed  in 
summons  issued  by  justice  of  peace, 
effect.     1914A-10S9. 

Removal  of  cause  to  federal  court,  right 
of  state  court  to  determine  fact  of 
amount  in  controversy.     1912A-237. 

AMUSEMENTS. 
See  Theaters  and  Amusements. 

ANARCHISTS. 

Exclusion  as  violative  of  constitutional 
guaranty  of  freedom  of  speech.  15- 
8. 

ANCESTORS. 
See  Expectancy;   Insanity. 

ANCESTRAL  ESTATES. 

Character  of  estate  as  ancestral  or  non- 
ancestral  as  determined  by  legal  or 
equitable   title.     1914C-407. 

ANCIENT  DOCUMENTS. 

Instrument  insufficient  on  face,  admissi- 
bility  in  evidence.     1-322, 


ANCIENT  LIGHTS. 

Obstruction   by    third   person,   liability   to 

landlord.     19f2D-126. 
— measure    of    damages    for    obstruction. 

1913A-741. 


ANCIENT  MAPS  AND  SUR- 
VEYS. 

Admissibility    in    evidence.     1916C-176. 

ANCILLARY    PROCEED- 

iNas. 

Bankruptcy  courts,  ancillary  jurisdiction. 
17-973. 

Intervention  in  federal  courts  by  ancil- 
lary suit.     1913D-1032. 

Mechanics'  liens,  right  to  enforce  and 
pursue  other  remedy  simultaneously. 
3-1100. 

Receivership,  necessity  of  pending  action. 
4-66. 

AND. 

Statute  or  ordinance,  construction  of 
"and"   as    "or."     1913A-1058. 

"Wills,  "and"  as  "or"  and  vice  versa  in 
construing    will.     19-922;     1917C-306. 


AND  DUE. 

Legal  meaning.     1&18E-785. 

ANEURISM. 

Rupture  as  accident  arising  out  of  and 
in  course  of  employment,  within 
Workmen's  Compensation  Act.  1916B- 
1301;    1918B-777. 

ANIMAL  INSURANCE. 

Companies    or   associations.     191oA-614. 

Fire  insurance  policy  on  livestock  in 
designated  location  as  covering  ani- 
mals   temporarily    elsewhere.     15-661. 

Losses,    accident    as    cause    of   loss   under 

policy.     1915A-616. 
— act     of     public     authorities     as     cause. 

1915A-621. 
— diseases  as  cause.     1915A-616. 
— lightning   as   cause.     1915A-616. 


ANIMALS. 


39 


ANIMAL  INSTJEANCE — Continued. 
— perils  of   sea  as  cause.     1915A-618. 
— storm  aa  cause.     1915A-616. 

Validity  and  construction,  of  policy, 
1915A-614. 

ANIMALS. 

1.  Ownership  and  Incidents  Thereof. 

2.  Injuries  by  Animals. 

3.  Injuries  to  Animals. 

4.  Nuisance  and  Trespass. 

5.  Estrays,  Distraint  and  Impounding. 

6.  State  or  Municipal  Regulation. 

See  Fish  and  Game. 

1.    Ownership  and  Incidents  Thereof. 

Attachment,  cattle  on  range,  what  is  suffi- 
cient levy.     1916B-995. 

Bees,  law  of.     1917B-9S3. 

Brands  as  evidence  of  ownership.  12- 
414;    18-544;    1913E-133. 

Breeding  of  animals.     1916A-564,  588. 
— implied  warranty  by  seller  that  animal 
is  fit  for  breeding  purposes.     19-874. 

Carriers  of  passengers,  exclusion  of  ani- 
mals from  passenger  conveyances, 
validity  and  enforceability  of  rule  of 
carrier.     1912C-1149. 

Cats,  legal  status.     1917A-391. 

Charities,  gift  for  benefit  of  animals  as 
charitable  purpose.  17-139;  1915C- 
684;  1917B-927. 

Conversion,  unauthorized  use  of  animal  by 
hirer  as  conversion.     3-471;  12-692. 

False  pretense  by  representation  as  to 
condition  or  quality  of  animal. 
1913C-273. 

Feed,  implied  warranty  of  fitness  as  sup- 
porting recovery  of  consequential 
damages  for  breach.     16-499. 

—stock  food  as  "food."     1913E-1293. 

Fowl  as  animal.     1915A-1242. 

Increase   as   included  under  chattel  mort- 
gage.    13-100;   1917C-1173. 
—title  to  offspring.     14-338. 

Identification  by  opinions  of  witnesses  in 
actions  involving  question.     5-974. 

Larceny,  asportation  or  carrying  away  of 
animals,    what    constitutes.     21-85S. 

—dogs  as  subject  of  larceny.     13-81. 


ANIMAiS — Continued. 

— sufficiency  of  indictment  and  of  proof 
with  respect  to  description  of  animal. 
17-735. 

Liens,  shoeing  horse,  assignability.  1916A- 
619. 

' — veterinary  surgeon,  assignability  of 
lien.     1916A-619. 

Offspring,   title   to.     14r-338. 

Ownership,    brands    as    evidence.     12-414; 

18-544;    1913E-133. 
— name  on  dog  collar  as  evidence.    1915D- 

356. 

Taxation,  dogs,  tax  on  privilege  of  keep- 
ing, validity  of  statute  imposing. 
1912D-S79. 

— situs  of  animals  for  purpose  of  taxa- 
tion.    8-677. 

Warranty,  construction  of  express  war- 
ranty of  soundness,  etc.,  on  sale  of 
horse.     21-1003. 

Wild  animals,  right  of  property  in. 
1917B-949,  978,  980. 

2.    Injuries  by  Animals. 

Diseased  animal,  communicating  disease 
to  other  animals,  liability  of  owner. 
15-1002. 

Dogs,  barking  at  horse  or  other  animal, 
liability  of  owner  for  injuries  result- 
ing.    1912D-996. 

— calling  dog  to  assistance,  liability  of 
person  calling  for  injuries  to  person 
caused  by  animal.     1915B-761. 

— constitutionality  of  statute  making 
owner  liable  for  damage  by  dog.  13- 
847. 

— excessiveness  of  verdict  for  injuries  re- 
sulting from  bite  of  dog.     16-47. 

— harborer  of  dog,  liability  for  injuries 
caused  by  it.     19146-606. 

— mad  dog,  liability  of  owner  for  injuries 
inflicted.     1915D-249. 

— provocation  by  plaintiff  as  defense  to 
action  for  injuries  by  dog.     15-165. 

— viciousness,  knowledge  of  owner  in  ac- 
tion for  personal  injuries  caused  by 
dog.     4-127;   20-72. 

Joint  or  several  liability  of  owners  for 
damage  done  by  animals  jointly.  8- 
1072. 

Master  and  servant,  duty  and  liability  of 
master  to  servant  with  respect  to  ani- 


40      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


ANlMAIiS — Ontinued- 

mal    furoished    by    him    to    servant. 
19-863;   1917A-309. 

Peaceable  disposition  of  animal,  admissi- 
bility of  evidence  in  action  for  in- 
juries caused  by  it.     1914B-1276. 

Eunaway  horse,  liability  of  owner  for  in- 
juries caused  by  horse.  5-877;  10- 
865;  17-812;  1916E-1114. 

Sunning  at  large  in  violation  of  ordi- 
nance, liability  of  municipality  for 
injury  by  animal.     I912C-753. 

Spring-guns  or  similar  contrivances  caus- 
ing injury  to  animals,  civil  liability. 
19-941. 

Trespassers,  liability  of  owner  of  domes- 
tic animal  for  injuries  inflicted  on. 
17-563. 

Unlawfully  on  highway,  liability  of  owner 
for  injuries  committed  by  animal. 
14-624. 

Viciousness     of     animal,      disclosure     to 

bailee,  duty  of  owner.     18-814. 
— -knowledge    by    agent,    servant,   etc.,    as 

imputable    to    owner.     18-673. 
— necessity    for    knowledge   by    owner    of 

viciousness    of    domestic    animal.     1— 

205. 

Wild    animals,    liability    for    injuries    by. 

14-61;   1914A-764. 
— state's   liability  for  injury  to  property 

by  wild   animal.     1917D-810. 

3.    Injuries  to  Animals. 

Barbed-wire  fence  causing  injury  to  ani- 
mal, liability  of  owner  of  premises. 
1913D-781. 

Carrier  of  goods,  shipment  of  dog  not 
boxed,  liability  of  carrier  for  loss  or 
damage.     lS-235. 

Carriers  of  livestock,  carrier's  contract 
limiting  liability  for  injuries  result- 
ing from  natural  propensities,  valid- 
ity.    1913D-974. 

— escape  from  custody  during  transit,  lia- 
bility of  carrier  for  loss.     1912B-392. 

Dogs,  automobile  killing  dog,  liability  of 
owner   or   driver.     1914B-83. 

— railroad  killing  dog,  liability  for.  3- 
275;   8-419;   20-918. 

Domestic  animal,  liability  as  for  negli- 
gence of  person  causing  injury. 
1914A-878. 


ANIMALS — Continued. 

■ — straying  by  domestic  animal  on  unin- 
closed  land,  liability  of  owner  of 
land  as  for  negligence  for  in- 
jury to  animal.     1917A-28S. 

Horses,  automobile  causing  fright,  duty 
and  liability  of  chauffeur  or  driver. 
21-648;    1913E-463;    1916E-662. 

— hand-car  operation  causing  fright,  lia- 
bility of  railroad  company.  1916E- 
324. 

— obstruction  in  street  causing  fright,  lia- 
bility   of    municipality.     1913C-534. 

— runaway  horse,  injuries  to,  liability  of 
independent  contractor  for  municipal- 
ity.    1914C-2o4. 

— train  or  cars  causing  fright,  liability 
of  railroad  company  for  personal  in- 
juries caused.     1913B-293. 

— use  of  premises  in  such  manner  as  inci- 
dentally to  frighten  horse  on  adjacent 
highway,  liability  of  land  owner. 
1912C-461. 

Livestock,  measure  of  damages  for  in- 
juries to.     5-416;    13-1141. 

Eailroads,  assignability  of  cause  of  ac- 
tion against  company  for  negligent 
killing  of  domestic  animal.     7-502. 

— duty  to  keep  lookout  for  animals  on 
track  on  fenced  roads  or  where  no 
fence  exists.     3-591. 

— geese  on  railroad  track,  duty  of  rail- 
road to  blow  whistle  or  give  other 
warning.     1915B-472.  ' 

■ — penalty  for  failure  to  pay  for  injury  to 
animal  within  specified  time,  validity 
of  statute  imposing.    17-632. 

— warning  animals  on  track,  duty  of  rail- 
road to  blow  whistle  or  give  other 
warning.     1915B-462. 

Street  railway,  liability  for  injuries  to 
animals  (other  than  dogs)  running 
at  large.     1913C-722. 

Veterinary  surgeon,  liability  for  negli- 
gence in  treating  animal.  1912A- 
481. 

4.    Nuisance  and  Trespass. 

Barking   dog    as    nuisance.     10-67. 

Fowls,  damages  against  owner  who  per- 
mits them  to  trespass  on  another's 
land.     1913C-757. 

Injunction  to  restrain  trespass  by  animals. 
14-550;    1916A-247. 


ANKLES— ANTAGONISM. 


41 


ANIMALS — Continued. 

Eight  to  kill  trespassing  animals.  1-193; 
16-951;    1913C-970. 

Seizure  and  sale  of  trespassing  animals, 
validity  of  statute  authorizing  land- 
owner.    1915C-1263. 

Unfenced  lands,  effect  of  statute  prohibit- 
ing recovery  for  damages  done  by 
trespassing  animals.     9-1095. 

5.    Estrays,    Distraint    and    Impounding. 

"Estray"  or  "at  large,"  when  animal  is. 
9-284. 

Forfeiture  and  sale  of  distrained  and  im- 
pounded animals.     1-993. 

Impounding  or  killing  animal  running  at 
large,  liability  of  municipality  for 
wrongful  act  of  officer.     21-984. 


ANNEXATIONS. 

Fixtures,  character  of  articles  brought  on 
premises  to  be  annexed  as  fixtures  or 
personalty  before  annexation.    4-1160. 

— effect  of  agreement  that  articles  an- 
nexed to  land  shall  not  become  fix- 
tures.    4-1073. 

Municipal  territory,  collateral  attack  on 
legality  of  annexation.  3-245;  11- 
1060;    1913A-594. 

— constitutionality  of  local  or  special  laws 
annexing  corporations.     3-499. 

— necessity  that  property  annexed  be  ad- 
jacent or  contiguous  to  annexing  mu- 
nicipality.    1913D-401. 

— pre-existing  ordinances  as  applying  to 
territory  annexed  by  municipality. 
13-136. 


6.    State  or  Municipal  Regulation. 

Cattle  within  municipal  limits,  validity  of 
ordinance  regulating  keeping.  1917E- 
929. 

Dead  animals,  removal,  constitutionality 
of   ordinances   regulating.     2-496. 

Diseased  animals,  destruction  without  com- 
pensation, validity  of  statute  or  ordi- 
nance.    15-48. 

— summary  destruction  by  public  authori- 
ties.    1-345. 

— validity  of  statute  providing  for  de- 
struction with  compensation  to  owner. 
1917D-S9. 

Hogs,  power  of  municipality  to  prohibit 
keeping  within  corporate  limits.  9- 
179. 

Horses,  docked  tails,  validity  of  statute 
prohibiting  docking  or  use  of  horses 
with  docked  tails.     13-1032. 

Humane  society,  validity  of  statutes  au- 
thorizing seizure,  etc.,  of  animals. 
14-916. 

Protection  of  animals  as  valid  exercise  of 
police   power.     1-930. 

Poultry  within  municipal  limits,  validity 
of  regulatory  ordinance  as  to  keep- 
ing.    14-1003. 

Statute  relating  to  animals,  effect  of  par- 
tial invalidity.     1916D-35,   139. 


ANNUITIES. 

Apportionment    of   annuity.     21-313. 

Arrearages  paid  out  of  subsequent  accu- 
mulations, right  of  annuitant.  1914A- 
210. 

Capital  sura,  right  of  annuitant  to.  21- 
1101;  1918E-808. 

Death  of  annuitant  before  purchase,  ef- 
fect.    10-487. 

Enforcement  of  contract  for  annuity, 
right  of  annuitant  who  is  not  party. 
20-787. 

Interest  upon  arrearages  of  annuities. 
10-339. 

ANNULMENT. 
See    Compromise     and     Settlement;     Con- 
tracts;   Marriage;   United   States. 

ANONYMOUS  LETTER. 

Sending    as    criminal    offense.     1917C-699. 

ANOTHER  SUIT  PENDING. 

Abatement.  See  Actions  and  Proceed- 
ings; Eminent  Domain. 

ANSWER. 

See  Pleadings. 


ANKLES. 


ANTAGONISM. 


Injuries,     excessiveness     or     adequacy     of      111  feeling  or  antagonism  between  trustee 
verdict.     16-26;    1913A-1369;    1916B-  and  beneficiary  as  ground  for  removal 

390,  454.  of  trustee.     191SB-1044. 


42      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


ANTECEDENT  DEBT. 

Consideration  constituting  grantee  or 
mortgagee  purchaser  for  value.  3- 
395. 

Security,  negotiable  note  transferred  'as 
security  for  antecedent  debt.  1-275; 
21-936;  1917D-386. 

ANTENUPTIAL  AGREEMENTS 

AND  CONVEYANCES. 

See  Dower;   Husband  and  Wife;   Specific 

Performance;   Wills. 


ANTENUPTIAL  DEBTS. 

Liability  of  community  property.  19 13 A— 
322. 

ANTHRAX. 

Death  from  anthrax  as  due  to  accidental 
means  within  meaning  of  accident  in- 
surance and  workmen's  compensation 
acts.     2-141;    1913C-6;    1918B-788. 


ANTICIPATORY  BREACH 
OF  CONTRACT. 

Eemedies      of      party.     1-422;      12-1108; 
1913C-385;   1917E-712. 

ANTI-TIPPING  ACT. 

See  Tips. 

ANTI-TRUST  LAWS. 

See  Monopolies. 

ANY. 

Legal    meaning    of    term.     1916E-2,    101, 
105,  107,  111. 


ANY  ADDITION. 

Legal   meaning  of   term.     1916E-16. 

ANY  CARRIAGE. 

Meaning  as  including  bicycle.     1916E-21. 


ANY  CAUSE. 

Legal  meaning  of  term,     1916E-22. 


ANY  CRIMINAL  CASE. 

Legal  meaning  of  term.     1916E-33. 

ANY  DEFENDANT. 

Legal   meaning  of   term,     1916E-36. 

ANY  KIND. 

Legal  meaning  of  term.     1916E-46. 

ANY  OTHER. 

Legal   meaning    of   term.     1916E-55,    111. 

ANY  PART. 

Legal  meaning  of  term.     1916E-66, 

ANYTHING. 

Legal    meaning    of    word.     1915A-29. 

APARTMENT  HOUSES. 

Legal  status  of  owner.     1917A-256. 

APOLOGY. 

Attorney,  apology  for  criticism  of  judi- 
cial decision  as  purging  words  of 
«ontemptuous  character.     15-206. 

APOPLEXY. 

Injury  in  connection  with  apoplexy  as  ac- 
cident arising  out  of  and  in  cours.e  of 
employment  within  Workmen's  Com- 
pensation Act.     1916B-1298,  1307. 

APOTHECARIES. 

See   Druggists. 

APPARATUS. 

Electrical  inside  appliances,  liability  of 
electric  light  company  for  injuries  re- 
sulting   from    condition.     1917A-1175. 

Gambling  apparatus,  right  to  recover  for 
loss  or  injury  of  article  used  for  gam- 
ing.    1914D-633. 

Meaning  of  term  "apparatus."  1912C- 
609;   191SE-1081. 


APPAREL— APPEAL  AND  ERROR. 


43 


APPAREL. 

See  Wearing  Apparel. 

APPEAL  AND  ERROR. 

1.  Right  to  Appeal. 

2.  Jurisdiction  of  Appellate  Court. 

3.  Appealable  Judgments  and  Orders. 

4.  Effect  of  Appeal. 

5.  Notice  of,  and  Time  for,  AppeaL 

6.  Parties. 

7.  Record  on  Appeal. 

8.  Briefs. 

9.  Dismissal  of  Appeal 

10.  Review,  Extent  of. 

11.  Reversible  Error. 

12.  Decision  of  Appellate  Court. 

13.  Rehearing. 

14.  Effect  of  Reversal 

15.  Appeal  Bonds. 

16.  Costs. 

1.    Right  to  Appeal 

Abridgment  of  right  of  appeal,  constitu- 
tionality of  statutes.  5-860;  1912B- 
274. 

Accused  not  brought  to  trial  within  con- 
stitutional or  statutory  period,  rem- 
edy by  appeal.     1912D-1274. 

Amicus  curiae,  power  to  take  appeal  or 
apply   for   rehearing.     1915A-197. 

Attorney,  implied  authority  to  prosecute 
review  proceedings.     16-928. 

— Pliability  to  client  for  failure  to  take 
proceedings  for  review.     1917B-31. 

Bail  bond,  right  of  state  to  appeal  from 
judgment  on.     10-294. 

Citizen  or  taxpayer,  right  to  appeal  as 
such  from  judgment  in  proceeding  to 
which  they  are  not  parties.  1918A- 
365. 

Corporation,  right  to  appeaL  after  disso- 
lution.    17-226. 

Courts-martial,  review  of  proceedings  by 
civil    courts.     17-445. 

Criminal  case,  right  to  appeal  from  ver- 
dict of  guilty  but  insane  at  time  of 
commission  of  crime.     1912A-462. 

Drainage  districts,  review  of  establish- 
ment proceedings.     1915C-23,   34. 

Eminent  domain  proceedings,  who  may 
appeal.     1914D-1139. 

— estoppel  to  appeal  by  acceptance  of 
condemnation  award.  1915D-822; 
1917D-159. 


APPEAL  AND  ERROR— Continued. 

Escape  of  person  convicted  of  crime  as 
affecting  his  proceedings  for  review. 
3-512;  13-497. 

Executor  or  administrator  with  will  an- 
nexed, power  to  appeal  from  judg- 
ment   refusing    probate.     1917C-1079. 

Fairs  and  expositions,  exhibitor's  right  to 
appeal  to  courts  from  decision  as  to 
award.     15-191. 

Initiative  and  referendum,  review  of 
matters  connected  with  petitions. 
1916B-829,   855. 

Judgment  in  favor  of  party  appealing, 
right   to   secure    review.     3-510. 

Justices  of  peace,  notice  of  appeal  from 
justice's  court,  suflSeieney  with  re- 
spect to  description  of  judgment 
appealed    from.     21-1309. 

' — power  of  superior  court  with  respect 
to  justice's  judgment  where  tran- 
script has  been  filed  in  that  court. 
1914A-415. 

— remedy  for  correction  of  error  in  jus- 
tice's court.     1913E-74. 

•Mandamus,  right  to  appeal  by  respondent 
who  has  obeyed  writ  of  mandate.  2- 
627. 

Municipality,  right  to  appeal  from  judg- 
ment in  prosecution  for  violation  of 
ordinance.     1917D-986. 

Party  in  contempt,  right  of  appeal  as  not 
deniable    to.     2-464. 

Repeal  of  civil  statute  after  final  judg- 
ment as  affecting  right  to  proceed 
with  appeal.     1912B-1157. 

Satisfaction  of  judgment  for  less  than 
demand  as  affecting  right  of  party  to 
appeal.     16-79;    1914C-301. 

Schools,  review  by  courts  of  regulations 
of  school  boards  for  control  and  dis- 
cipline of  pupils.     6-998;    13-333. 

Statute  relating  to  appeals,  effect  of  par- 
tial   invalidity.     1916D-79. 

Tax  assessment,  validity  of  statute  con- 
ferring right  to  appeal  to  courts 
from   amount.    14—165. 

Torreus  Act,  appeal  in  proceedings  under 
act.     1913C-874. 

Vessel  owner's  liability,  right  of  appeal 
in   proceedings   limiting.     1913D-1237. 

Waiver  of  right  to  appeal,  acceptance  of 
amount  awarded  in  condemnation 
proceedings  as.  1915D-822;  1917D- 
159. 


44      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


APPEAi  AND  ERROR— Continued. 

— payment  of  fine  in  criminal  case  as  waiver 
of  right  to  appeal.  1913E-300;  1916C- 
619, 

— stipulation  waiving  appeal,  validity 
and   enforceability.     19-1056. 

2.    Jurisdiction  of  Appellate  Court. 

A.mount   in    coutroversy,    consolidated    ac- 
tions.    15-492. 
— counterclaim     filed     by     defendant     as 

aflfecting  amount.    1914A-1041 ;  1917I>- 

99. 
— ^interest  accruing  after  suit  is  brought, 

inclusion      in      determining      amount. 

13-396;    1914C-530. 
— several  causes  of  action  joined,  amount 

in    controversy    for    appeal    purposes. 

1918E-506. 

Bankruptcy  proceedings,  appellate  juris- 
diction of  federal  supreme  court. 
16-1016. 

Habeas  corpus  writs  as  issuable  by  ap- 
pellate court  under  supervisory  con- 
trol of  inferior  tribunals.  1913A- 
158. 

Receivers,  appointment  by  appellate  court 
in  aid  of  appellate  jurisdiction. 
1913B-649. 

Remand  of  cause,  jurisdiction  of  appel- 
late court  thereafter.  11-865;  1917  A- 
284. 

"Revenue  laws,"  meaning  in  statute  relat- 
ing to  appellate  jurisdiction.  1918B- 
214, 

Stipulation  by  counsel  as  conferring 
jurisdiction  to  pass  on  question  not 
raised    below.     1912A-1037, 

3.    Appealable  Judgments  and  Orders. 

Accused's  motion  for  discharge  on  the 
ground  of  not  being  tried  within 
constitutional  or  statutory  period, 
order  denying  as  appealable.  1912D- 
1274. 

Alimony,  order  granting  or  refusing  tem- 
porary alimony  as  appealable.  21- 
600. 

Assignment  for  benefit  of  creditors,  what 
judgments  and  orders  appealable. 
1914A-1236. 

Bail,  right  of  state  to  appeal  in  action 
under    criminal   bail   bond.     10-294. 

Bill  of  particulars,  right  to  appeal  from 
order    relating    to.     1913C-826. 


APPEAL  AND  ERROR— Continued. 

Contempt,  appealability  of  judgments  in 
contempt  under  appeal  statutes.  3- 
759;    17-321. 

— federal  court,  review  of  contempt  pro- 
ceeding.    1915D-1060. 

Costs,    chancery    decree    for    costs    only, 

right   to    review,     6-100, 
— order    allowing    costs    inter    partes    in 

equity   case,   appealability,     21-802. 

Courts-martial,  review  of  proceedings  by 
civil    courts.     17-445. 

Decedent's  estate,  right  to  appeal  from 
order  made  in  distribution  of  es- 
tate.    1913C-862. 

Disbarment  proceedings,  right  of  attor- 
ney to  review  by  appeal  or  writ  of 
error.     10-544;    1918B-837. 

Dismissal  of  action  as  frivolous  and  vexa- 
tious; order  as  final  or  interlocutory 
for  purposes  of  appeal.     18-394, 

Divorce    decree,    appealability,     13-837, 

Drainage  district,  review  of  order  estab- 
lishing.    1915C-23, 

Eminent  domain  proceedings,  appealable 
judgments  and  orders  in,  16-1004; 
1915D-548, 

Equity,  finality  of  decree  adjudicating 
equities  but  reserving  settlement  of 
accounts  for  report  of  master.  5- 
176, 

Executors  and  administrators,  judgment 
rendered  on  report,  account  or  settle- 
ment as  appealable.     1913C-858, 

— order  relating  to  allowance  and  fees  of 
executor   as   appealable.     1913C-861, 

Ex  parte  order,  right  of  appeal  from, 
10-38. 

Federal  Pure  Food  and  Drugs  Act,  pro- 
ceedings to  punish  violation  as  re- 
viewable.    1915A-49. 

Habeas  corpus  proceedings,  judgment  or 
order  as  reviewable.  1-260;  11-129; 
1912D-360. 

Injunction  against  execution  sale,  as  sub- 
ject  to   review.     1918C-321. 

— order  on  motion  to  dissolve  temporary 
injunction  as  final  or  interlocutory. 
1912C-898. 

Intervention  in  action  in  federal  court, 
order  granting  or  refusing  leave  as 
appealable.     1913D-1041. 

Intoxicating  liquors,  action  for  penalty 
for  violation  of  liquor  statute,  rules 
governing  appeals.     1916E-873,  878. 


APPEAL  AND  ERROR. 


45 


APPEAL  AND  ERROB— Continued. 

— revocation  of  liquor  license,  right  to 
review  and  effect  of  proceeding. 
1917A-1024. 

Juvenile  court  orders,  appealability. 
1916E-1017. 

Nonsuit,  right  of  plaintiff  to  appeal  from 
voluntary  judgment  of  nonsuit.  9- 
631. 

Probate  •  or  administration  proceedings, 
appealable  judgments  or  orders. 
1913C-850. 

Receivers,  judgment  respecting  receiver- 
ship, right  to  appeal  from.  1915I>- 
802. 

— order  authorizing  issuance  of  receiver's 
certificates  as  appealable.  1913C-60; 
1915C-998. 

Removal  of  causes,  order  transferring 
cause  from  state  to  federal  court  as 
appealable.     1916D-1049. 

Search-warrant     proceedings,     review     of. 

6-615. 
Void  judgment,  decree  or  order,  right  to 

review   by   appeal    or    writ    of    error. 

20-277. 
Writ  of  assistance,  appealability  of  order 

granting  or  refusing.      10-1042;  1913D- 

1129. 

4.    Effect    of   Appeal. 

Alimony,  suit  money,  counsel  fees  or 
costs  pending  appeal,  allowance  in 
divorce  or  matrimonial  action.  3-51; 
15-229;    1915B-1249. 

Attachment,  appeal  in  principal  action 
as  bringing  attachment  proceedings 
up   for   review.     1918A-516. 

— effect  of  appeal  by  plaintiff  from  judg- 
ment  for   defendant.     1913B-180. 

Contempt  of  appellate  court,  removal  or 
destruction  of  subject  matter  of  liti- 
gation pending  appeal  as  constitut- 
ing.    1912A-516. 

Conviction,  status  of  judgment  as  af- 
fected  by  appeal.     1915B-289. 

Damages  for  further  detention  of  re- 
plevied property  during  appeal,  right 
of  successful  party  in  action  of  re- 
plevin or  similar  proceeding  to  re- 
cover.    1916A-622. 

Depositions  ponding  appeal,  right  to 
take.     17-936. 

Execution,  effect  of  supersedeas  upon  exe- 
cution after  its  issuance.  5-786; 
1914C-1223. 


APPEAL  AND  ERROR— Continued. 

Garnishment,  appeal  in  principal  action 
as  bringing  garnishment  proceedings 
up  for  review.     1918A-516. 

Injunction,  effect  of  appeal  and  super- 
sedeas   bond.     4-231. 

—power  of  trial  court  to  grant  or  con- 
tinue temporary  injunction  on  appeal 
from  judgment  denying  permanent 
injunction.     21-1362. 

Interest  on  judgment,  right  as  affected 
by  modification  of  judgment  on  ap- 
peal.    1917C-413. 

Jeopardy,  appeal  by  government  after 
acquittal  as  constituting  second  jeop- 
ardy.    1-664;   1913C-772. 

Limitation  of  time  to  bring  suit  as  af- 
fected by  appeal  proceedings.  4- 
150;    1912D-1023. 

Malicious  prosecution,  time  to  institute 
action  as  interrupted  by  appeal  or 
writ  of  error  in  original  proceeding. 
1913E-919. 

New  trial,  rig^t  to  move  for  as  waived 
by  proceedings  for  review.  1914B- 
615. 

Proceedings  subsequent  to  appeal,  au- 
thority of  trial  court  to  entertain 
bill  of  review  for  error  apparent. 
18-722. 

Process,  irregularities  in  service  of  pro- 
cess in  court  below,  effect  of  taking 
appeal.     1912D-411. 

Receivers,  pendency  of  appeal  from  order 
appointing  receiver  as  affecting  vest- 
ing of  title.     20-554. 

Self-executing  judg-ment,  effect  of  appeal 
with  bond.     6-775. 

Writ  of  error  fro:n  United  States  su- 
preme court  as  staying  proceedings 
in   state    court.     1912A-259. 

5.    Notice  of,  and  Time  for,  Appeal. 

Computation  of  time  for  appeal  or  writ 
of  error,  exclusion  or  inclusion  of 
Sunday   or   holiday.     1917E-940. 

— motion  for  new  trial  or  rehearing  as 
affecting  computation  of  time  for  ap- 
peal.    3—630. 

Death   of   judgment   plaintiff   as    affecting 

time   for  taking  appeal.     7-393. 
Equity    case,    requirements    of    statement 

of    reasons    of    appeal.     1914D-522. 
Lapse    of    time    for    taking,    validity    of 

statute       validating       appeal       taken 

thereafter.     1913D-1261. 


46      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


APPEAL  AND  EREOE^Continued. 

Names  of  parties  substituted  by  phrase 
"et  al.,"  in  appellate  process  and 
papers.     14-572. 

Parties  entitled  to  notice  of  appeal.  13- 
181;    21-1277. 

Time  for  filing  notice   of  appeal.     9-731. 

Waiver  of  right  to  notice  of  judgment, 
etc.,  required  to  set  statute  of  limi- 
tations running  against  right  of 
appeal.     1913B-439. 

6.    Partlea. 

Person  not  party  or  privy  to  judgment 
below  as  proper  party  defendant  to 
•writ    of    error.     5-630. 

Surety  named  in  judgment  but  not  other- 
wise party  to  suit  as  necessary  or 
proper  party  to  appeal.     1914D-1120. 

7.    Becord  on  AppeaL 

Bills  of  exceptions,  authentication  by  by- 
standers.    15-737. 

— jurisdiction  to  sign  after  time  fixed 
by  statute,  consent  of  parties  as  con- 
ferring  on   court.     13-1115. 

— neglect  of  judge  to  sign  within  time 
required    by    law,    effect.     1913A-914. 

— oral  evidence  in  equity  case,  mode  of 
preserving   for   review.     1913A-529. 

— ^signing  bill  on  Sunday,  validity. 
1916B-23. 

Bills  of   review,  federal   courts,   bills   for 

newly    discovered    evidence.     14—194. 
— time   within  which  bill  of  review  must 
be  brought.     6-330. 

— ^who  is  entitled  to  file  bill  of  review. 
1914C-126. 

Piling  documents  relating  to  appeals,  de- 
livery to  officer  when  not  at  office  as 
"filing"    thereof.     18-251. 

Findings,  presumptions  as  to  making  and 
sufficiency    in    support    of    judgmenf. 

7-380. 

Record,  appointment  of  guardian  ad  litem 
for  infant  parties,  necessity  that  rec- 
ord show  fact  affirmatively.  1912B- 
376. 

— ^failure  of  record  to  show  that  jury 
were  sworn  as  ground  for  reversal. 
8-750;   17-178. 

— ^lien  of  attorney  on  printed  record  on 
appeal  in  his  possession  connected 
with  litigation.     1917D-149. 


APPEAL  AND  ERROR— Continued. 

— oral  evidence  in  equity  ease,  mode  of 
preserving   for   review.     1913A-529. 

Sundays  and  holidays,  validity  of  pro- 
ceedings connected  with  appeal  or  writ 
of  error  performed  on  holiday. 
1916B-23;   1916E-853. 

8.    Briefs. 

Filing  briefs,  effect  of  failure  of-  appellee 
or  defendant  in  error  to  file  in  ap- 
pellate  court.     1914A-485. 

Scandalous  and  disrespectful  language  in 
brief,  action  court  will  take  in  refer- 
ence to.     9-166. 

9.  Dismissal  of  AppeaL 

Appellant's,  right  to  dismiss  appeal.  2- 
794;    11-966. 

Illegal  contract,  action  based  on  illegal 
contract,  right  or  duty  of  court  on 
its  own  motion  to  dismiss.  1912A- 
1035. 

Mandamus  proceeding  where  question  in- 
volved has  become  immaterial,  dis- 
missal   of    appeal.     5-626;    1912C-247. 

10.  Review,  Extent  of. 

Generally. 

Attachment  or  garnishment  proceedings, 
review  on  appeal  in  principal  action. 
1918A-516. 

Conduct  of  court  in  examination  of  wit- 
nesses.    6-479. 

Contempt,  judgment  in  contempt  proceed- 
ing rendered  after  final  decree  as  re- 
viewable on  appeal  from  such  decree. 
1915B-1069. 

— mode  of  reviewing  contempt  proceed- 
ings  in  federal   court.     1915D-1060. 

De  novo  trial  on  appeal,  where  lower 
court  was  without  jurisdiction,  juris- 
diction of  appellate  court  to  try  case. 
1913C-120. 

IXrected  verdict  at  request  of  both  par- 
ties, questions  considered  by  review- 
ing   court.     6-548;    1913C-1348. 

Eminent  domain,  value  of  property  taken, 
rule  applied  on  appeal.     9-120. 

Federal  circuit  court  of  appeals,  criminal 
cases  in  territorial  courts,  jurisdic- 
tion to  review.     9-394. 

— question  of  jurisdiction  of  circuit  court 
es  reviewable  by.     9-387. 


APPEAL  AND  ERROR. 


47 


APPEAL  AND  ERROEr— Continued. 

Interlocutory  appealable  order,  decision, 
etc.,  not  theretofore  appealed  from, 
review  on  appeal  from  final  judg- 
ment,    11-552;    1913A-816. 

Judicial  notice  by  appellate  court  of 
judges  of  lower  court.     1914A-34. 

— municipal  ordinances  on  appeal  from 
municipal    court.     5-616;    1914C-1233. 

Jury  trial  on  appeal  as  curing  depriva- 
tion thereof  in  lower  court.  1912C- 
1109. 

Misconduct  of  jury,  evidence  on  motion 
for  new  trial  as  reviewable.  1912I>- 
1019. 

Pleading,  amendment  to  conform  to 
proof,  right  of  review  in  appellate 
court.     1913E-1315.     ' 

Prohibition  as  a  process  for  review  and 
correction  of  error.  1-713;  1913D- 
593. 

Separate  causes  on  single  appeal  or  writ 
of  error,  right  to  review.  17-289; 
1914B-687. 

Verdict  contrary  to  evidence,  rule  as  to 
setting  aside  applied  in  appellate 
court.     1912D-1231. 

Questions  of  Fact. 

Concurring  verdicts,  force  and  effect 
given  by  appellate  court.     1912B-139. 

Dying    declarations,    review    as    to    what 

constitute.     8-544. 
— weight  as  compared  to  statement  made 

under    oath.     1914C-222. 

Evidence  not  produced  in  court  below, 
power  of  appellate  court  to  consider. 
9-951. 

Facts  as  reviewable  by  supreme  court  on 
appeal  from  decision  of  intermediate 
appellate  court  reversing  judgment 
on   facts.     1918D-1205. 

Finding  of  judge  as  to  amount  of  dam- 
ages, weight  in  appellate  court  as 
compared  with  verdict  of  jury. 
1913C-178. 

Infant  as  witness,  acceptance  or  rejec- 
tion, review  of  discretion  of  trial 
court.     14-7. 

Inferences  upon  submission  of  contro- 
versy or  agreed  case,  court's  power  to 
draw.     11-149. 

Insane  person  as  witness,  review  of  de- 
cision of  trial  court  as  to  compe- 
tency.    1913E-328. 


APPEAL  AND  ERROEr— Continued. 
View,     impressions     made     on     minds     of 

jurors,      consideration     by      appellate 

court.     10-666, 

Weight  of  evidence,  validity  and  con- 
struction of  statutes  requiring  appel- 
late courts  to  weigh  evidence.  3- 
685. 

Workmen's  compensation,  facts  as  re- 
viewable on  appeal  under  act. 
1916B-475;   1918B-647. 

11.    Retversible  Error. 

Generally. 

Acquittal,  refusal  of  dourt  to  direct  as 
giving  right  to  predicate  error. 
1^12C-799. 

Argument  of  counsel  commenting  on  fact 
that  party  to  action  is  corporation  as 
improper   argument.     1912A-1292. 

— improper  comment  by  prosecution  on 
failure  of  accused  to  produce  evi- 
dence   of   good   character.     19-407. 

• — restricting  in  criminal  action  as  consti- 
tuting reversible  error.  2-435;  1917 A- 
718. 

Attorney,  additional  counsel  appearing 
after  impaneling  of  jury  as  prejudi- 
cial   to     opposing    party.     1912B-666. 

— appointment  of  inexperienced  or  un- 
faithful counsel,  or  insuflScient  num- 
ber to  represent  accused  as  reversible 
error.     1912C-457. 

Confession,    denial    of    accused's    right  to 

introduce     preliminary     proof     as  to 

character   of    confession    as   cured  by 
subsequent    admission;     15-186. 

Discretion    of    court,   abuse   in   permitting 

leading    question.     17-840. 
— relieving    parties    from     stipulation    as 

reversible  error.     1912C-771. 

Evidence  of  domestic  relations  admitted 
in  action  for  personal  injuries  not 
resulting'  in    death   as    error.     10-289. 

— immateriality  of  evidence  as  result  of 
verdict  of  jury,  reversal  for  admis- 
sion  or   exclusion.     9-900. 

— incompetent  evidence,  effect  of  admis- 
sion in  trial  before  court  without 
jury.     1917C-660,    675,   679,    681,    684, 

Excessive  punishment  as  entitling  prisoner 
to  discharge  on  appeal.  7-146; 
1916D-368. 

Inadvertent  assumption  of  jurisdiction  by 
appellate   court,   effect.     1913E-70. 


48      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


APPEAL  ANiy  ERBOE— Continued. 

Inconsistent  attitude  with  that  taken  by 
party  in  lower  court,  estoppel  of 
party  to  appeal  to   assume.     8-487. 

Instructions,  abstract  proposition  of  law, 
stating  without  applying  same  to 
facts  of  case  as  reversible  error. 
1915D-1128. 

— charging  jury  to  pay  no  attention  to 
remarks  of  counsel  as  reversible 
error.     1912C-817;    1915B-736. 

— citations  supporting  instruction  to  jury 
es    error.     1914B-2o4. 

— degrees  of  crime,  erroneous  instruction 
as  to  degrees  of  <;rime  in  criminal 
case  where  jury  find  verdict  under 
proper  instructions  as  harmless  error. 
14-989. 

— homicide,  erroneous  instruction  as  to 
lower  degree  of  homicide  as  cured 
by  verdict  of  murder  in  first  degree. 
1913A-735. 

— medical  erpenses,  instructions  in  ab- 
sence of  evidence  as  error.  1913I>- 
150. 

— ^negligence,  actions  failing  to  charge 
that  alleged  negligence  must  have 
been  proximate  cause  of  injury  as 
prejudicial  error.     20-85. 

— reasonable  doubt  of  individual  jurors, 
error  in  instructions.     11-434. 

— reference  by  trial  judge  to  amount  of 
plaintiffs  claim  in  action  for  per- 
sonal injuries  as  reversible  error. 
17-573. 

-T-request  of  defendant  in  criminal  case 
for  instructions,  right  to  complain  of 
giving  by   court.     1913B-75. 

Judge,  bias  of  judge  existing  prior  to 
trial  as  ground  for  reversal  in  ab- 
sence of  showing  of  prejudice  at 
trial.     1917E-9o4. 

— change  of  judge  during  criminal  trial 
as  reversible  error.     18-346. 

— manner  or  tone  of  judge  in  remark  or 
instruction     as     error.     1912A-1006. 

Jury,  challenge  to  juror  for  cause  im- 
properly denied  as  warranting  re- 
versal where  injured  party  exhausts 
his  peremptory  challenges.  9-279; 
191oD-97. 

— competency  of  resident  taxpayers  as 
jurors,  erroneous  ruling  as  ground 
for  reversal.     6-965. 

—disclosure  by  juror  before  verdict  of 
facts  respecting  verdict  or  state  of 
deliberations  as  prejudicial  error. 
I918E-668, 


APPEAL  AND  ERROB— Continued. 

— magnifying-glass,  use  by  jury  as  error. 
191oB-1092. 

— papers  improperly  in  jury-room  as  pre- 
judicial  error.     6-931. 

— peremptory  challenges,  allowance  of 
excessive  number  as  ground  for  re- 
versal.    12-371. 

— separation  of  jury  improperly  as  rais- 
ing presumption  of  prejudice.  1- 
287;   1914A-737. 

— swearing  jury,  record  failing  to  show 
jury  sworn  as  ground  for  reversal. 
8-750. 

New  trial,  improper  grant  on  ground  as- 
signed, whether  sustainable  where  it 
appears  mover  was  entitled  on  an- 
other  ground.     1913B-495. 

Nominal  damages,  failure  to  give  as  re- 
versible error.     5-225. 

Eemarks  or  instructions  by  court  in  pres- 
ence of  entire  panel  of  jurors  as  re- 
versible error  in  particular  case. 
1915B-824. 

Trial,  denial  of  right  to  open  and  close 
as   prejudicial   error.     1912D-251. 

Variance,  reversal  for  technical  violation 
of  rule  that  allegations  and  proof 
must  agree.     1913D-68. 

Verdict  contrary  to  erroneous  instruction 
as  harmless  or  reversible  error.  14— 
973. 

— excessive  verdict  granted  through  pas- 
sion or  prejudice,  remittitur  in  case 
of.     3-939;    1912C-509. 

View  in  criminal  case  in  absence  of  ac- 
cused as  prejudicial  error.  11-1159; 
1915B-56S. 

Witnesses,  commitment  for  perjury  during 
trial  as  prejudicial  error.     19-423. 

— compelling  defendant  in  criminal  case 
to  object  to  spouse  testifying. 
1915D-362. 

— failure  to  swear  witness  as  prejudicial 
error.     1912D-572. 

— improper  answer  of  witness  to  proper 
question  as  reversible  error.     15-1090. 

— reception  of  testimony  of  witness  un- 
able by  illness  or  otherwise  to  be 
cross-examined  as  reversible  erroi-. 
16-364. 

Failure  to  Object  or  Except. 

Argument  of  counsel,  necessity  and  suffi- 
ciency of  objection  and  exception  to 


APPEAL  AND  ERROR. 


49 


APPEAIi  AND  EEROE— Continued. 

improper     argument.     7-229;     1916A- 
551;  1918A-1128. 

Directed  verdict,  necessity  of  taking  ex- 
ception  to.     1917A-849. 

Evidence,  admission  over  objection,  where 
no  motion  to  strike  is  made,  effect. 
1912C-711. 

Instructions,  necessity  for  objection  in 
addition  to  exception  in  order  to 
save  instructions  for  review.  1912B- 
1231. 

Judicial  notice,  right  to  raise  question 
for  first  time   on  appeal.     1914D-196. 

Law  of  case  on  appeal,  instructions  not 
excepted  to  as  constituting.  1913D- 
300. 

Necessity  of  motion  for  new  trial  in  or- 
der to  obtain  review  of  sufficiency 
of  evidence  in  jury  cases.     4-304. 

Objections  not  raised  below,  infant's 
right  to  complain  of  errors  in  appel- 
late court.     1913B-443. 

Sufficiency  of  complaint,  right  to  question 
for  first   time   on   appeal.     3-545. 

— want  of  verification  of  pleading. 
1918D-448. 

"Waiver  of  objections,  exception  to  denial 
of  application  to  take  case  from  jury, 
waiver  by  subsequent  introduction  of 
evidence.     14-222. 

— overruling  of  demurrer  as  waived  by 
filing  other  pleading.     1913B-388. 

12.    Decision  of  Appellate  Court. 

Costs,  imposition  as  condition  of  grant- 
ing new  trial  for  insufficiency  of  evi- 
dence.    7-183;    20-41. 

Discharge  of  prisoner  who  has  received 
excessive  sentence,  right  of.  1916D- 
369. 

Final  judgment,  power  of  appellate  court 
to  enter  upon  reversing  civil  cause 
for   insufficiency    of   evidence.     S-873. 

■ — right  of  appellate  court  to  direct  entry 
of  final  judgment  for  party  who 
asked  for  directed  verdict  below. 
1914D-280. 

- — ^what  is  final  judgment  where  judgment 
of  trial  court  is  reversed  on  appeal 
but  subsequently  affirmed.  1913C- 
250. 

Joint    tort-feasors,    judgment    against    all, 
power  of  court  to  reverse  or  set  aside 
as  to  part.     19-797. 
Index  to  Noteg— 4 


APPEAL  AND  EBEOB— Continued. 

New  trial  granted  by  appellate  court, 
abuse  of  discretion  by  trial  court  in 
refusing  new  trial  as  ground.     2-763. 

— criminal  case,  grant  on  ground  of 
newly     discovered     evidence.     19-508. 

— limiting  issues  to  be  tried  by  jury, 
right  of  appellate  court  upon  grant- 
ing new  trial.  7-116;  1912D-593; 
1917E-888. 

Eemand  of  criminal  case  for  proper  judg- 
ment, power  of  reviewing  court.  3— 
1024. 

Eemittitur  in  appellate  court,  erroneous 
kssessment  by  jury  of  interest  as  ele- 
ment of  damages  for  personal  injury. 
1913B-210. 

— excessive  verdict  granted  through  pas- 
sion  or  prejudice.     3-939;    1912C-509. 

Ees  judicata  ^  on  second  appeal,  decision 
of  appellate  court  upon  sufficiency  of 
evidence  to  prove  fact  in  controversy. 
6-791. 

Eeversal  sua  sponte,  right  of  appellate 
court  for   variance.     1914A-468. 

13.     Eehearlng. 

Amicus  curiae,  power  to  make  application 
for  rehearing.     1915A-198. 

Correction  of  judgment  after  becomes 
final  but  before  remand  to  lower 
court  for  execution,  power  of  appel- 
late court.     1914D-1297. 

Jurisdiction  of  appellate  court  to  grant 
rehearing  after  remand.  11-866; 
1917A-285. 

Time  for  application  for  rehearing  as 
computed  by  exclusion  or  inclusion 
of   Sunday   or  holiday.     1917E-941. 

14.    Effect  of  EeversaL 

Acts  done  under  judgment  prior  to  re- 
versal, judgment  as  justification. 
1914C-542. 

Cost  of  trial  court,  liability  after  re- 
versal of  judgment.     4-79. 

Joint  judgment  where  all  defendants  do 
not  appeal,  effect  of  reversal.  10- 
80. 

Judgment  in  another  proceeding  based  on 
reversed  judgment,  effect  of  reversal. 
1913A-466. 

Part  only  of  judgment  appealed  from, 
effect   of   reversal.     1913E-1323. 


50      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


APPEAIi  AND  ERROR— ContinTied. 

Eestitution,  amount  where  property  is 
sold  under  judgment  subsequently  re- 
versed.    15-672. 

Title  to  land  purchased  at  judicial  sale  by 
attorney  of  party  to  proceeding  as 
affected  by  reversal  of  judgment  au- 
thorizing sale.     14-185. 

15.    Appeal  Bonds. 

Abandonment  or  dismissal  of  appeal,  ef- 
fect on  liability  of  sureties.  1916C— 
1226. 

Additional  or  new  appeal  or  supersedeas 
bond  in  appellate  court,  requirement 
or  permission  therefor.  10-804;  17- 
378. 

Affidavit  of  property  qualification,  effect 
of  failure  of  sureties  to  make.  12- 
586. 

Attorney's  fees,  right  to  recover  in  ac- 
tion on  bond.     15-723. 

Condition  in  appeal  bond  requiring  sure- 
ties to  pay  judgment  of  appellate 
court,  construction.     5-90. 

Discharge  of  surety  by  discharge  of  prin- 
cipal in  bankruptcy.     15-954. 

Dismissal  of  appeal  for  insufficiency  of 
bond,  liability  of  sureties.  1915C- 
1210. 

Executors  and  administrators,  appeal  from 
revocation  of  probate  of  will  or 
grant  of  letters,  necessity  that  per- 
sonal representatives  give  bond.  20- 
416. 

Judgment  against  principal  as  evidence 
against  surety.     9-157;  1915D-405. 

iNew  trial  ordered  unless  party  agrees  to 
reduction  in  amount  of  judgment,  lia- 
bility of  sureties  on  appeal  bond. 
1914A-1300. 

Release  of  surety  through  affirmance  of 
appeal  by  consent  of  litigants. 
1914A-1149. 

Summary     judgment     against     surety     on 

bond  in  nature  of  appeal  bond,  entry 

of.     1918C-1151,    11S8. 
Sureties,    fewer    than     required     number, 

validity    and    effect    of    appeal    bond. 

9-709. 

16,     Costs. 

Dismissal  of  appeal  for  want  of  jurisdic- 
tion, power  of  appellate  court  to 
award  costs.     13-1048, 


APPEAIi  AND  ERROR— Continued. 

Eminent  domain  proceedings,  costs  on  ap- 
peal, liabili*^y  of  land  owner.  1912C- 
533;   1916E-692;   1917E-262. 


APPEARANCE. 

Amicus  curiae,  effect  of  appearance  of  at- 
torney as.     1915A-198. 

Appeal  by  party  irregularly  served  as 
constituting  appearance  binding  him 
as  to  subsequent  proceedings.  1912D- 
411. 

Attorney,  authority  to  appear  in  cause, 
power  of  court  to  investigate. 
1912C-106. 

Condemnation  proceedings,  necessity  for 
appearance   by    defendant.     9^76. 

Corporation,  voluntary  appearance  of  cor- 
poration in  criminal  case  as  vesting 
court    with    jurisdiction.     1916E-1290. 

Criminal  law,  accused's  failure  to  appear 

in    court    to    which  change    of    venue 

taken    as    affecting  liability    on    bail 
bond.     1912B-1188. 

Failure  to  appear  as  waiver  of  right  to 
have  findings  of  fact  made  by  court. 
1914D-798. 

Grarnishment,  effect  of  general  appearance 
by  garnishee.     21-1130. 

General  or  special,  moving  to  set  aside  at- 
tachment for  lack  of  jurisdiction. 
18-913. 

— moving  to  set  aside  order  in  cause  for 
want    of    jurisdiction.     1917B-454. 

Special  appearance  by  pleading  to  merits. 
4-291;   1916E-1270. 

Test  as  to  whether  appearance  is  special 
or  general.     1914A-11S^. 

Time  for  appearance  as  computed  by  ex- 
clusion or  inclusion  of  Sunday  or 
holiday.     1917E-935. 

Want  of  jurisdiction  over  person  as 
waived  by  general  appearance  after 
judgment.     1914C-694. 

APPLIANCES. 

See   Master   and   Servant;    Railroads. 

Carrier  of  passengers,  liability  with  re- 
spect to  appliances  purchased  from 
manufacturer.     1916E-929. 

Dangerous  character  of  appliance,  admis- 
sibility   of    opinion   evidence.     7—463. 


APPLICATION— APPROPRIATIONS. 


51 


APPLIANCES— Continued. 

Fish  and  game,  what  is  appliance  for 
taking  fish  or  game  within  meaning 
of  prohibitory  law.     1912A-312. 

Meaning  of  term  "appliance"  as  used  in. 
law    of  master   and   servant.     19-151. 

Mechanic's  lien  law  as  including  tools 
and  appliances  as  lienable  materials. 
19126-227;  1915B-966. 

• — right  of  one  renting  appliance  for  use 
by  contractor.     15-383. 

APPLICATION. 

For  insurance  policy,  see  Insurance. 

Of  payments.     See  Payment. 

Purchase  money,  duty  of  purchaser  from 
life  tenant,  trustee  or  other  donee  of 
power   to    see    to   application,     4r-371. 

APPOINTMENT. 

See  Corporations;  Executors  and  Adminis- 
trators; Powers;  Public  Ofacers; 
Trusts;  Wills. 

Court    officers    or    attendants,    power    of 

court  to   appoint.     17-904. 

De  facto  officer  of  public  or  private  cor- 
poration making  appointment,  valid- 
ity.    1913C-1042. 

Jury  elisor,  substitute  for  disqualified 
person,   power    to    appoint.     17-367. 

Power  of  appointment,  imposed  on  judges, 
validity  of  statutes.     8-599. 

Public  officer,  power  of  governor  to  ap- 
point in  absence  of  authority.  19- 
823. 

Eeceiver,  appointment  as  vesting  title  to 
property.     20-551. 

Summary  removal  of  appointive  officer  by 
appointing  power,  right  when  term  is 
not  fixed.     1912C-374. 

APPORTIONMENT. 

Accretions,  rule  for  apportionment  be- 
tween riparian  proprietors.  1914A- 
481;    1918B-998. 

Annuities,  apportionment  of.     21-313. 

Assets  or  liabilities  of  counties,  towns  or 
municipalities,  time  of  apportionment 
in  case  of  division  of  territory  by 
legislature.     18-324. 


APPORTIONMENT— Continued. 

Excess  or  deficiency  found  to  exist  in 
subdivisions  of  tract  of  land.  1912A- 
1273. 

Fire  loss,  rule  of  apportionment  as  be- 
tween compound  and  specific  policies 
of  fire  insurance.     1914A-665. 

Special  assessment  between  life  tenant 
and  remainderman,  method  of  making 
apportionment.     1914B-S20. 


APPRAISERS. 

Award,  necessity  that  all  appraisers  join 
in.     15-507;   1916B-808. 

Freeholder,    appraiser    qualified    as    such. 
1913D-332. 


APPRECIATION  OF  PROP- 
ERTY. 

Inheritance  tax  as  affected  by  apprecia- 
tion of  property  subsequent  to  death 
of  decedent.     1912C-1017;  1916A-786. 

APPREHENDED  INJURY 
TO  BUSINESS. 

Payment  to  prevent  as  payment  under 
duress.     1918B-516. 


APPRENTICES. 

Escrow,    term   as   applicable    to   indenture 
of  apprenticesMp.     1916B-1032. 

Liability    of   infant    on    covenant   in    ap- 
prenticeship deed.     20-779. 

Statutes    authorizing   parents    to    contract 
children  to  another,  validity.     6-941. 

APPROACHES. 

Bridge,     approach,     as     part     of     bridge. 
1912B-792. 

APPROPRIATION  OF  LAND. 

See  Eminent  Domain. 


APPROPRIATIONS. 

'Appropriation"  of  public  money,  what 
constitutes  within  constitutional  pro- 
vision   relating    thereto.     1915A-1240. 


52      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


APPEOPEIATIONS— Contimied. 

Bill  for  appropriations  passed  by  legisla- 
ture, power  of  executive  to  approve 
in   part   only.     20-163, 

Charitable  or  gratuitous  object,  validity 
of  appro;priation  by  state.  1913C- 
1234. 

Fairs,  validity  of  statute  appropriating 
public  funds  for  fairs.     9-52. 

Injury  to  member  of  militia,  validity  of 
appropriation  by  state  to  pay  for. 
1914&-1283. 

Municipal  corporation,  power  to  appro- 
priate moneys  for  celebrations  and 
entertainments.     11-976. 

— power  to  make  for  defense  of  its  oflS.- 
cers.     1914C-660. 

— power  to  make  by  resolution.     6-471. 

Private  purposes,  appropriations  of  pub- 
lic moneys'  for.     1-935. 

Public  funds,  right  to  use  for  purpose 
other  than  that  of  appropriation. 
1917B-864. 

Railroads,  appropriation  in  aid  as  within 
constitutional  provision  against  giv- 
ing or  loaning  of  money  or  credit  of 
state   or   municipality.     1913C-1233. 

Statute  making  apprqpriation,  effect  of 
partial  invalidity.     1916D-25. 

Waters,  flood  waters,  right  to  appropriate 
as  against  riparian  proprietor.  1914A- 
82. 

— ^irrigation,  right  of  riparian  owner  to 
use  water  for.     17-S29. 

APPROVAL. 

Constitutional  amendments,  necessity  of 
approval  by  governor.     4-703. 

Delegation  of  power  of  approval,  right 
of  public  officer  or  board.  1912B- 
500. 

Statutes,  approval  of  bill  in  part  only, 
power  of  executive.     20-162. 

— computation  of  time  allowed  executive 
for  approval  or  rejection  of  bill.  6- 
717;   1912A-801. 

— presentation  of  bill  to  governor  for  sig- 
nature.    1914D-268. 

— ^withdrawal  of  approval  of  bill,  right  of 
executive.     13-230. 

APPURTENANCES 

Easements  appurtenant,  conveyance  of 
land  containing  no  reference  to  "ap- 


APPUETENANCES— Continued. 

purtenances"  as  passing  easement  ap- 
purtenant.    20-1212. 

— way   as   appurtenant   to   close    at   which 
it   neither  begins   nor   ends.     3-643. 

Mechanics'    liens,    meaning    of    "appurte- 
nances"   within    statute.     iyi2B-10. 

Property   within    building   as    covered    by 
term  "appurtenance."     19i6A-254. 

Vessels,    what    constitute    appurtenances. 
5-652. 


AQUEDUCT  COMMIS- 
SIONER. 

Commissioner  as  municipal  officer.  1914D- 
1231. 

ARABLE  LANDS. 

Waste,  changing  arable  land  into  wood 
land,  or  pasture  or  meadow  into 
arable  land  as  constituting  waste. 
1918D-543. 


ARBITRATION   AND 
AWARD. 

1.  In  General. 

2.  Submission  or  Agreement  to  Arbitrate. 

3.  Arbitrators. 

4.  Award. 

1.    In  General. 

Color  of  title  to  realty,  award  by  arbi- 
trators    as     constituting.     1915A-9o9. 

Insurance  contract  containing  stipulation 
for  arbitration,  submission  as  condi- 
tion precedent  to  suit.  8-171;  9-83; 
1915D-331. 

Municipality,  right  to  arbitrate  disputed 
claim.     18-1030. 

— issuance  of  prohibition  against  council 
or  executive  officer  to  restrain  arbi- 
tration   proceedings.     20-962. 

Pending  case  as  discontinued  by  submis- 
sion   to    arbitration.     1912A-1263. 

2,     Submission  or  Agreement  to  Arbitrate. 

Abortive  arbitration,  power  and  duty  of 
court  under  contract  providing  for 
arbitration.     1914D-4S6. 

Enforcement  of  agreements  to  arbitrate. 
1-31. 


ARCHITECTS— AREAW  AYS. 


53 


ARBITRATION  AND  AWARD  —  Con- 
tinued. 

Law  governing  agreement  to  arbitrate. 
1915C-854;   1918E-494. 

Parol  submission  to  arbitration,  validity. 
1913D-199. 

Revocation  of  submission,  agreement  to 
submit  to  arbitration,  revocability. 
1914B-293;    1918D-1153. 

— institution  of  action  as  revocation,  21- 
956. 

Specific  performance  of  agreement  to 
arbitrate.     1-31. 

3.    Arbitrators. 
Compensation    of    arbitrator.     1915D-396. 

Experts  as  arbitrators,  necessity  of  taking 
testimony.     8-511. 

Hearings,  closing  against  objection,  or 
refusal  to  reopen,  as  grounds  for  set- 
ting aside  award.     8-511. 

Negligence  of  arbitrator  or  quasi  arbi- 
trator in  exercise  of  honest  judgment, 
right  of  action  against.     1913E-651. 

Pleadings  before  arbitrator,  amendment. 
20-603. 

Presumption  as  to  determination  of  all 
matters  submitted.     1916A-345. 

Rehearing,  necessity  of  rehearing  and  no- 
tice before  umpire  or  third  arbi- 
trator.    16-557. 

Submission  to  arbitration,  necessity  that 
arbitrators  determine  all  matters. 
1916A-345,  356. 

Sunday     acts     of     arbitrators,     validity. 

1916B-23. 
Usage  or  custom,  power  of  arbitrators  to 

determine.     1916D-360. 

Witnesses,  calling  on  arbitrator's  own  ini- 
tiative, right  of.     18-165. 

— failure  to  swear  witnesses,  effect  on  ar- 
bitration.    1912D-574. 

4.    Award. 

"About,"  meaning  with  reference  to  quan- 
tity awarded  by  arbitrators.  1918D- 
705. 

Impeachment  of  award  of  arbitrators  or 
referees  for  mistake  of  fact  not  in- 
volving exercise  of  judgment.  191SC- 
974,  1001. 

Joinder  in  award  of  all  arbitrators,  ap- 
praisers or  referees,  necessity.  15— 
507;  1916B-808. 


ARBITRATION  AND  AWARD  — Con- 
tinued. 

Parol   award,   validity.     1913D-199. 

Setting  aside  award,  inadequacy  as  com- 
pared with  actual  loss  as  ground  for 
setting  aside.     1913B-1048. 

— preparation  of  award  by  attorney  for 
party  as  ground  for  setting  aside. 
1912C-1007. 

— refusal  of  arbitrators  to  receive  mate- 
rial testimony  as  ground.     8-510. 

— view  of  premises  in  dispute,  refusal  as 
ground  for  setting  aside  award.  8- 
511. 

— witnesses,  restricting  number  as  ground 
for  setting  aside  award.     8-511. 

Specific  performance  of  award  affecting 
personal  property.     5-272. 

ARCHITECTS. 

Certificate  of  architect  made  condition 
precedent  to  payment  on  working 
contract,  necessity  of  pleading  excuse 
for  nonproduction  in  action  for  work 
performed.     5-721;   19-905. 

Compensation  as  dependent  on  his  esti- 
mate of  cost  of  structure.  16-985; 
1915C-S78. 

Conclusiveness  of  decision  under  working 
contract.     10-575;  1913A-180. 

Error  in  plans  or  estimates  of  cost,  lia- 
bility  for.     1915C-872. 

Extra  work  ordered  by  architect  but  not 
in  express  manner  provided  by  work- 
ing contract,  right  of  contractor  to 
recover  for.     7-213;    17-81. 

Mechanic's  lien,  right  of  architect.  9- 
97:    1913A-275;    1915A-714. 

Plans  furnished  under  contract  or  in  com- 
petition, architect's  property  in.  2- 
714. 

Statutory  regulation.     1914B-1224. 


AREA. 

Fraudulent  representation  as  to  area  by 
vendor  as  actionable  deceit  where 
true  boundaries  are  pointed  out.  16- 
502. 

AREAWAYS. 

Sidewalk,  right  of  abutting  owner  to  use 
for  areaway.  2-366;  20-543;  1917A- 
558. 


54      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


ARGUMENT  AND  MISCON- 
DUCT OF  COUNSEL. 

Challenging  opponent  to  waive  his  legal 
rights  as  misconduct  of  counsel. 
1918C-382. 

Comment  on  challenge  to  juror  by  oppos- 
ing party,  right  of  counsel.  1913B- 
258. 

Corporation  as  party  to  action,  comment 
by  counsel  as  improper  argument. 
1912A-1292. 

Failure  of  party  to  testify  in  civil  action, 
comment  by  attorney.     16-309. 

Inadmissible  evidence  gotten  before  jury 
as  ground  for  new  trial.  6-224;  19- 
296;    1917A-441. 

Instruction  to  jury  to  pay  no  attention 
to  argument  of  counsel  as  reversible 
error.     19120-817;    1915B-736. 

Insurance  against  liability,  propriety  of 
comment  on  fact  that  defendant, 
other  than  ,  master,  in  action  for 
negligence,   is    insured.     1914A-948. 

Libel  or  slander  action,  right  to  comment 
on  law  where  jury  vested  with  power 
to  determine  law  and  facts.  1915I>- 
1274. 

Objection  and  exception  to  improper 
argument,  necessity  and  sufficiency. 
7-229;    1916A-551. 

Open  and  close,  effect  of  denial  of  right. 
1912D-251. 

Personal  injury  case,  propriety  of  argu- 
ment asking  jury  what  they  would 
take  for   similar  injury.     1917A-1099. 

Poverty  or  wealth  of  party  to  action, 
propriety  of  argument  referring  to. 
1917B-312. 

Saee  prejudice,  appeal  to  as  improper 
argument  of  counsel.  1913D-1167; 
1917A-944. 

Eestricting  argument  of  counsel  in  crimi- 
nal case  as  constituting  reversible 
error.     2-435;    1917A-718. 

Prosecuting  Attorney. 

Expression  of  opinion  of  guilt  of  accused 
as  improper  argument  by  prosecuting 
attorney.     1916A-431. 

Failure  of  accused  to  testify,  comment 
by  prosecutor.  3-164;  20-1273; 
1917D-279. 

Pair  trial  for  accused,  duty  of  prosecut- 
ing attorney  to  see  that  he  has.  21- 
333. 


AEGUMENT     AND     MISCONDUCT     OF 

COUNSEL— Continued. 

Good  character  of  accused,  right  of  prose- 
cution to  comment  on  failure  to  pro- 
duce evidence.     19^07. 

Prevalence  of  crime,  reference  by  prose- 
cuting attorney  as  improper  argu- 
ment.    1912A-1019. 

Wife  of  accused  as  witness,  right  of 
counsel  to  comment  on  failure  of  ac- 
cused to  call  her.  17-421;  1913D- 
559. 

ARID  LANDS. 

Reclamation,  employment  in  connection 
therewith  as  within  purview  of 
Workmen's  Compensation  Act.  191 7I>- 
14. 

ARM. 

Exrhibition  to  jury  in  personal  injury 
case,    right    of    plaintiff.     1913D-247. 

Loss,  fracture,  or  injury,  what  is  exces- 
sive or  inadequate  verdict.  16-20; 
1913A-1367;    1916B-391. 

Workmen's  compensation,  what  consti- 
tutes arm    within    act.     1918A-536. 


ARMORIES. 

Cities   required    by   statute    to    erect   and 
maintain.     1-128. 


ARMS. 

See  Deadly  Weapons;  Weapons, 

ARMY  AND  NAVY. 

See     Arsenals;     Military     Law;     Militia; 
Navy  Yards;  War. 

Compulsory  military  service.  1917C-812; 
1918D-100. 

Conscription,  validity  of  selective  draft 
law.     1918B-863,   1011. 

Elections,  right  to  vote  of  soldier  or 
sailor   in    actual    service.     1917B-4S5. 

Eminent  domain,  power  of  United  States 
for    military    purposes.     1918E-48. 

Enlistment,  infant  unlawfully  enlisted, 
right  to  release  from  detention  by 
military  or  naval  authorities.  16- 
129;  1917C-778. 

Investigation  of  military  affairs,  power 
of  legislative  committee.     1916B-1060. 


ARRAIGNMENT— ARREST. 


55 


AEMY  AUD  NAVY— ContinuecL 

Martial  law.     1914C-22. 

Militia,  power  of  federal  government 
with  respect  to  state  militia.  1917B- 
250. 

Pensions,  effect  of  pensioner  becoming 
inmate  of  soldiers'  home.     1916C-854. 

Public  property  purchased  or  received  in 
pledge  from  soldier  or  sailor,  liabil- 
ity of  civilian.  1918B-523j  1918D- 
1203. 

Wills    of   soldiers   or  seamen.     1916A-483. 

— condition  attached  to  legacy  or  devise 
against  service  in  army  or  navy  as 
affecting   validity    of   gift.     13-354. 

Workmen's  compensation,  employment  in 
navy  yard  as  within  purview  of  act. 
1917D-26. 


ARRAIGNMENT. 

Necessity     of     arraignment     in     criminal 
case.     12-704;    1915C-1073. 

Waiver    of    arraignment.     1917D-829. 


ARREST. 

Ciml  Process. 

Bankrupt  under  arrest  on  civil  process  as 
affecting  subsequent  bankruptcy  pro- 
ceedings.    1913E-570. 

Immunity  of  prisoner  after  interstate  ex- 
tradition from  arrest  on  civil  process. 
17-619. 

Motion  to  vacate  arrest  in  civil  action, 
affidavits  or  other  evidence  admis- 
sible.    1915A-1281, 

Partnership  transactions,  right  of  part- 
ner to   arrest   of   copartner.     6-109. 

Place  where  order  of  arrest  may  be  exe- 
cuted in   civil  action.     1912B-1376. 

Criminai  Charge. 

Agent  causing  false  arrest,  liability  of 
principal.     1-723;     1914B-637. 

Arrest  without  warrant,  time  when  peace 
officer  may  act  for  misdemeanor  com- 
mitted in  his  presence.     9-623. 

Bail,  subsequent  arrest  as  exoneration  of 
sureties.     1912C-746. 

Breaking  doors  and  arresting,  right  of 
officer  without  warrant  on  suspicion 
of  felony,     1912B-574. 


ABEEST — Continued.  . 

Burning  building  in  order  to  arrest  per- 
son therein,  right  of  officer.  1913B- 
630. 

Bystander  summoned  directly  or  by  hue 
and  cry,  right  and  duty  to  assist 
officer  making  arrest  without  war- 
rant.    18-932. 

Carriers  of  passengers,  duty  of  carrier  to 
protect  passenger  against  arrest  by 
officer   of   law.     12-784;    191oB-244. 

Escaping  felon,  right  of  person  attempt- 
ing arrest  to  kill.     17-900. 

Extradition  proceedings,  rearrest  of  per- 
son discharged  on  habeas  corpus.  &- 
499, 

Homicide  in  resisting  arrest  as  excusable 
on  ground,  of  self-defense.     4—844. 

Insane  person,  right  without  warrant  to 
arrest  on  ground  of  insanity.  1917I>- 
536. 

Killing  misdemeanant  in  order  to  effectu- 
ate arrest,  right  of  officer.     4-760. 

Liability  of  person  reporting  commission 
of  offense  to  police  officer  for  arrest 
by  officer  without  warrant.  1917E- 
404. 

Prisoner  taken  to  office  of  prosecuting  at- 
torney, propriety  and  effect.  20- 
1123. 

Private  person,  right  to  break  open  doors 
in  attempt  to  make  arrest.     8-250. 

— right  to  arrest  another  for  violation  of 
municipal  ordinance  committed  in  his 
presence.     1917A-599. 

Eesisting  officer,  threats  as  constituting 
offense.     17-404,  -     , 

Seduction  as  injury  to  person  warranting 
arrest.     1912B-657. 

Seizure  of  property  of  third  person  as 
evidence,  right  of  officer  making 
arrest.     1915C-964. 

Sunday  arrest,  validity.     1916B-20. 

Voluntary  escape,  what  constitutes,  and 
liability  of  officer  therefor.  1913G- 
694. 

Waiver  of  illegal  arrest.     16-461. 

Warrant  for  arrest,  affidavits  for,  on  in- 
formation and  belief.  1-653;  18- 
817. 

— misnomer  as  affecting  apprehension  of 
right    person.     8-35. 

— sufficiency  or  regularity  as  reviewable 
by  habeas  corpus.     11-1054. 

Wrong  person,  arrested  under  warrant, 
liability  of  officer  for  false  imprison- 
ment.    8-34. 


56      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


ARRESTMENT. 

Seamen's    wages,    construction    of    statute 
exempting.*    15-130. 


ARREST  OF  JUDaMENT. 

Computation  of  time  for  motion,  exclu- 
sion or  inclusion  of  Sunday  or  holi- 
day.    1917E-939. 

Legal  effect  of  order  sustaining  motion,. 
1912A-975. 

Libel  or  slander  action,  power  of  court 
to  pass  on  motion,  where  jury  vested 
with  power  to  determine  law  and 
facts.     1915D-1275. 

Motion  as  waiver  of  right  to  move  for 
new  trial.     1914B-612. 

Objections  to  evidence  as  ground  for 
motion.     1913E-72. 


ARSON— Continued, 

Setting  fire  to  building  or  property  with 
intent  to  defraud  insurance  company 
as  crime.     I913C-1164. 

Unfinished  dwelling  as  dwelling-house 
within  law  of  arson.     15-547. 

Witness,  conviction  of  arson  as  ground 
for  impeachment.     1916A-274. 


ARTIFICE. 


Confession  obtained  by  fraud  or  trick  as  ad- 
missible in  evidence.  15-274;  1916D- 
966. 


ART  WORKS. 

Loss  or  destruction,  measure  of  damages 
in  absence  of  market  value.  9-1148; 
1917B-579. 


ARSENALS. 

Workmen's    Compensation    Act    as    appli- 
cable    to     employment     in     arsenal.      Constitutionality    of    statute.     1914B-515, 
1917I>-14. 


ASEXUALIZATION. 


ARSON. 

Attempt  to  commit  arson,  acts  constitut- 
ing.    8-630. 

Barns,  burning  of  barn  as  criminal 
offense.     1916B-143. 

Corpus  delicti,  proof  in  prosecution  for 
arson.     13-803;    1914C-330. 

Cruel  and  unusual  punishment.     19-731. 

Fire  insurance,  defense  of  wilful  burning 
in  action  on  policy,  quantum  of 
proof  necessary  to  establish.  2-73; 
1912A-1139. 

Husband  and  wife,  burning  of  property 
of  one  spouse  by  other.  16-867; 
1915A-587, 

Indictment,  construction  of  statute  pre- 
scribing form.     1918C-557. 

Libel  or  slander,  charging  one  with  arson 
as   constituting.     17-273. 

Malicious  prosecution,  charge  of  arson  as 
supporting    action.     1916C-255. 

Other  crimes,  proof  in  prosecution  for 
arson.     1915D-174. 

"Outhouse,"  buildings  covered  by  term 
within   law    of   arson.     1912D-1194. 

Ownership  of  property  burned  as  affect- 
ing crime.     1-621;    1912A-1126. 


ASHES. 

Municipal  liability  for  tort  committed  in 
removal.     19160-242. 


ASPHYXIATION. 

Accident  arising  out  of  and  in  course  of 
employment  under  workmen's  com- 
pensation.    1914B-501. 


ASPORTATION. 

Necessity    of    alleging    in    indictment    or 
information   for   robbery.     5-687. 

What   constitutes   within   law   of   larceny. 
21-856. 


ASSAULT. 

Admiralty  jurisdiction  of  action  of  as- 
sault   and    battery.     13-1218. 

Attempt  to  commit  assault,  conviction  of 
person    for.     21-999. 

Carriers  of  passengers,  liability  for 
assault  on  passenger  by  fellow- 
passenger  or  stranger.  3-254;  8- 
590;    18-773. 

Chastisement  of  child  by  parent.     1-31. 


ASSAULT. 


57 


ASSAULT— Continued. 

Conviction  for  lower  degree  on  trial  for 
higher  degree  as  bar  to  prosecution 
for  higher  degree  on  new  trial.  4- 
779. 

Counterclaim  for  assault  and  battery.  3- 
486. 

Cruel  and  unusual  punishment,  what  con- 
stitutes.    19-728;    1918B-398. 

Damages,  adequacy  or  excessiveness  of 
verdict,  16-46;  1913A-1380;  1916B- 
393,  451. 

— exemplary  damages,  right  to  recover  in 
civil  action.     11-1175;   1915B-128. 

— mental  suffering  as  element  of  dam- 
ages.    19150-84. 

— mitigation,  provocation  in  mitigation. 
1-899;   19-762;   1917D-582. 

Deadly  weapon,  what  constitutes.  1912A- 
1328. 

Discharging  firearm  to  frighten  person  as 
assault.     1917D-617. 

Dog  called  to  assistance,  liability  for  in- 
juries  caused  by  animal.     1915B-761. 

Encouraging  another  orally  in  making 
attack,  liability  for  assault.  1912A- 
830. 

Evidence,  character  or  reputation  of  par- 
ties, admissibility  of  evidence  in  civil 
action.     1914B-881. 

— complaints  of  injured  person,  admissi- 
bility.    2-234. 

— conduct  of  defendant  immediately  pre- 
ceding or  following  assault,  admissi- 
bility in   civil   action.     1914A-959. 

— declaration  of  infant  at  time  of  assault 
as  part  of  res  gestae.     1916C-1188. 

— relative  physical  condition  and  strength 
of  parties,  admissibility  on  issue  of 
self-defense.     19-124. 

Innkeeper,  liability  for  assault  on  guest 
by  employee   or   other  person.     8-688. 

Judgment  for  assault  as  affected  by  dis- 
charge in  bankruptcy.  3-169;  12- 
1011. 

— res  judicata  in  civil  action  of  judg- 
ment in  criminal  proceeding  for 
assault.     21-1185. 

Justification,  consent  of  female  as  de- 
fense to  civil  liability  for  assault 
with    intent    to    rape.     1916A-249. 

— defense  of  property  as  constituting. 
1917D-291,   305. 

— intoxication  as  defense  to  prosecution 
for  assault  with  intent  to  kill,  18- 
530. 


ASSAUIiT— Continued. 

— recovery  of  possession  of  personal  prop- 
erty, right  of  owner  to  use  necessary 
force.     6-503. 

— trespass  as  defense.     1-888;   1917D-307, 

316. 
— use    of    force    in    aid    of    right    to    pass 

across  private   property.     21-1151. 

Limitation  of  action,  what  is  civil  action 
for  assault  within  statutory  limita- 
tion    applicable    thereto.     1917A-118. 

Malicious  prosecution  on  charge  of  as- 
sault, excessiveness  or  inadequacy  of 
verdict.     1916C-255. 

Master  and  servant,  liability  of  master 
for  assault  on  servant  by  superior 
servant.     10-377. 

Negligence    as    ground    for    recovery    in 

civil   action.     1914B-999. 
— bystander    injured    by    person    repelling 

assault,     liability    of    latter     as     for 

negligence.     1916C-1150. 

Participation,  presence  at  scene  as  con- 
stituting assault.     1917D-1034. 

Pleading,    inconsistent    defenses    in    civil 

action.     1917C-737. 
— justification,    necessity    of    pleading    in 

civil   action.     21-114. 

Pointing  unloaded  firearm  as  assault. 
13-484. 

Eemoving  disorderly  person  from  prem- 
ises, liability  of  owner  or  occupant 
for   assault.     1914A-1039. 

Repelling  attack  without  retreating,  right 
of  person  assaulted  on  his  own  prem- 
ises.    5-999;   15-51;   1916C-918. 

Sheriff  or  constable,  liability  of  sureties 
on  bond  for  assault  committed  by 
officer.     1916D-923. 

Sleeping-cars,  duty  of  company  to  protect 
passenger    from    assault.     1913A-900. 

Solicitation  of  chastity,  civil  and  crimi- 
nal liability.     2-457. 

Theaters  and  amusements,  protection  of 
patrons  against  assault,  duty  of  pro- 
prietor.    5-928. 

Third  person,  criminal  liability  of  one 
making  attack  for  resulting  injury 
to  third  person  caused  in  repelling 
attack.     11-1026, 

— injury  to  as  assault  with  intent  to  kill 
or  murder.     8-789;  1912A-1063. 

Threat  to  kill  unless  demand  is  complied 
with  as  constituting  assault  with  in- 
tent  to    murder.     1913A-202. 


58      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


ASSAULT— Continued. 

Voluntary  agreement  to  fight  as  defense 
to  action  for  damages.     17-1050. 

Wife's  right  to  maintain  civil  action 
egainst  husband.     1917C-903. 

Witness,  conviction  of  assault  as  crime 
for  which  witness  may  be  impeached. 
I916A-276. 

Workmen's  compensation,  assault  as  acci- 
dent arising  out  of  and  in  course  of 
employment  under  act.  1913C-10,  11, 
12;  1914B-501;  1915A-126;  1916B- 
1302,  1307;   1918B-787,  794,  803,  804. 


ASSEMBLAGE. 

Persons  idly  on  street,  validity  and  con- 
struction of  statute  forbidding  as- 
semblage.    1912B-1185. 

Village  as  meaning  assemblage  of  houses. 
1918D-259. 

ASSENT. 

Bank  officer,  assent  to  receipt  of  deposits 
after  insolvency  es  affecting  criminal 
liability.     1912B-317. 

Novation,  assent  of  creditor  e^  essential 
to  novation  by  substitution  of  debtor, 
1914A-339. 

Passenger,  assent  to  limitation  of  bag- 
gage liability  of  carrier,  necessity  in 
order   to  bind  passenger.     1912B-287. 

Shipper,  assent  to  valuation  of  goods 
fixed  by  contract,  necessity  and  es- 
tablishment.    1913D-982. 

Stockholders,  necessity  of  assent  to  con- 
solidation of  corporations.  19-1266; 
1918A-165. 

ASSESSMENTS. 

See    Beneficial    Associations;    Insurance; 
Special  Assessments;  Taxation. 


ASSESSORS. 

Erroneous  tax  assessments,  civil  liability 
of  assessor.     4-942. 

Tax  assessor  as  municipal  officer.  1914D- 
1231. 

ASSETS. 

See  Baoikruptcy;  Banks;  Corporations; 
Executors  and  Administrators;  Mar- 
shaling Assets;  Partnership;  Ee 
ceivers. 


ASSIGN. 

Meaning      of      "assign"      oi 
1913B-734. 


assignee. 


ASSIGNMENTS. 

Accounts,  assigned  account  as  factor  of 
mutual  account.     1913D-819. 

Alimony,   assignability.     10-393. 

"Assign"  or  "assignee,"  meaning  of  term. 
1913B-734. 

Attorney  and  client,  burden  of  proof  as 
to  good  faith  of  assignment  by  client 
to  attorney.     18-123. 

Beneficial  associations,  assignment  of 
mutual  benefit  certificate  to  one  hav- 
ing no  insurable  interest.     1913B-864. 

Bills  and  notes,  liability  of  transferrer 
of  non-negotiable  paper  on  his  in- 
dorsement.    1912B-706. 

Bond  for  title  to  realty  conditioned 
against  transfer,  effect  of  restriction 
on  rights  of  assignee.     1915A-1127. 

Book  accounts,  manner  of  assigning.     IS- 

447. 

Building  and  loan  association,  debt  due 
by  member  to  association,  assignabil- 
ity.    19i4D-1153. 

Building  contract,  assignment  of  proceeds 
by  contractor,  subcontractor  or  mate- 
rialman.    1918D-609,   642,   644,  650. 

Cause  of  action  against  railroad  company 
for  negligent  killing  of  domestic  ani- 
mal, assignability.     7-502. 

— destruction  of  property  by  fire,  assigna- 
bility of  cause  of  action.  20-259; 
1913D-929. 

Check  as  assignment  of  drawer's  funds, 
death  of  maker  as  affecting  rights  of 
parties.     1915A-445. 

— ordinary  bank  check  as  assignment  of 
funds    of    drawer.     5-189;    1913D-418. 

Claim  against  United  States,  scope  and 
construction  of  statute  prohibiting  as- 
signment.    20-1119. 

Conflict  of  laws,  law  governing  assign- 
ment of  insurance  policy.     1913B-925. 

Contract  not  to  engage  in  similar  busi- 
ness,  assignability.     16-261. 

Convicts,  contract  leasing  convicts,  right 
of   lessee   to   assign.     16-744. 

Copyrights,  right  of  assignee  to  copy- 
right.    16-1128. 


ASSIGNMENTS. 


ASSIGNMENTS— Continued. 

Corporation,  riglit  of  action  for  fraud  as 
passing  by  transfer  of  assets  to  new 
corporation.     1915B-951. 

Damages  for  breach  of  contract,  assign- 
ability of  right  of  action.  1912A- 
497. 

Debt  or  claim  for  collection  in  another 
jurisdiction,  validity  of  statute  for- 
bidding   assignment.     1916D-870. 

Equitable  action,  validity  of  assignment 
of  right  to  file  bill  in  equity  for 
fraud  committed  on  assignor.  1912D- 
549. 

Executions,  debt  due  execution  plaintiff, 
effect  of  assignment  to  sheriff.  12- 
382. 

— sale  on  execution,  right  of  assignee  to 
enjoin.     1918C-270. 

Executory  contracts,  assignability  as  af- 
fected by  element  of  personal  trust 
and  confidence.  1-853,15-370;  1915D- 
291. 

Expectancy  in  estate,  relcflse  by  heir  to 
ancestor,    validity.     1913B^51. 

— transfer  by  heir  or  beneficiary  to 
stranger,  validity.  1916E-1241,  1259, 
1263,   1267. 

Fire  insurance,  assignment  of  policy  after 
loss.     3-476. 

— giving  of  chattel  mortgage  aa  assign- 
ment of  change  of  interest  of  in- 
sured within  prohibition  of  policy. 
1918D-862. 

Fraudulent  sales  and  conveyances,  trans- 
fer of  insurance  policy  on  debtor's 
life  as  transfer  in  fraud  of  creditors. 
1912B-896. 

Industrial  insurance  policy,  rig'tits  of  as- 
signee as  affected  by  "facility  of 
payment"    clause.     1918B-1199. 

Insurance  contract,  law  governing  assign- 
ment.    19'-39;    1913B-926. 

Joint  tort-feasors,  claim  satisfied  by  one 
joint  tort-feasor  and  assigned  to  him 
as  actionable.     9-519. 

Judgment  or  execution  issued  thereon, 
effect  on  lieu  of  assignment  to  or  for 
benefit  of  judgment  debtor.  1917C- 
557. 

— interest  in  judgment,  effect  of  assign- 
ment.    1912B-525. 

—opening,  right  of  assignee  of  party  to 
action  not  personally  served  to  have 
judgment    opened.     1912A-1166. 


ASSIGNMENTS— Continued. 

— partial    assignment,    validity   and   effeott 

of.     1913E-843, 
— rights   passing   to    assignee   as    incident 

to   assignment.     7-423. 

Judicial  sales,  assignee  of  purchaser  as 
entitled  to  notice  of  proceeding  to 
vaaate.     1914D-760. 

•—redemption  after  statutory  period,^  as- 
signment of  certificate  of  sale  as  af- 
fecting  right.     1913E-1191. 

Lease  assigned  by  one  co-lessee  to  an- 
other as  breach  of  covenant  in  lease 
against    assignment.     16-318. 

— right  of  assignee  of  lease  to  enforce 
option   to    purchase.     5-914. 

Lien  for  repairs,  assignability.  1916A- 
619. 

— horseshoer's  lien,  assignability.  1916A- 
619. 

Life  insurance,  delivery  of  policy  or  writ- 
ten assignment  to  assignee  as  essen- 
tial to  assignment  of  life  insurance. 
1914D-700;   1916A-824. 

—gift  of  policy  as  necessitating  assign-' 
ment   thereof.     1914D-298. 

— insurable  interest  of  assignee,  right  of 
insured  to  assign  to  one  not  having 
such  interest.  5-360;  7-912;  12-686; 
1913B-864. 

— validity  of  assignment  of  policy  to 
creditor.     1912A-653. 

— wife's  right  to  assign  policy  in  her 
favor  on  life  of  husband.  1917B- 
302. 

Lease,  breach  of  covenant  against  assign- 
ment by  assignment  by  one  colessee 
to   another.     16-318. 

— construction  of  restrictive  covenant 
against   assignment.     1913B-889. 

—death  of  lessee,  covenant  against  as- 
signment as  affecting  transmission  of 
lessee's    interest.     12-978. 

■ — distinction  between  assignment  of  lease 
and   sublease.     7-537. 

— renewal  of  lease,  right  of  assignee  to 
enforce.     12-969. 

• — rent  liability  as  affected  by  tenant's 
assignment  of  lease  or  sublease. 
1916E-788,   832,  837,   842,  844. 

—^waiver  of  covenant  againot  assignment 
by    acceptance    of    rent.     1913A-1202. 

Liquor  license,  right  to  assign  or  trans- 
fer.    1913A-461. 

Mechanic's  lien,  assignee  of  lienable 
claim  as  entitled  to  lien.  21-962; 
1915C-1119. 


60      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918B. 


ASSIGNMENTS — Continued. 

— assignor    as    necessary   or   proper   party 

to    action    by    assignee    to    foreclose. 

1918B-5. 
— apriority   as  between   lien    claimant   and 

assignee    of    amount    due    contractor. 

19-435;    1913D-514;    1918C-1081. 

Mines  and  minerals,  assignee  of  contract 
to  iconvey  mineral  rights  as  bona 
fide    purchaser.     1918C-468. 

Misrepresentation  by  party  to  contract 
as  available  to  assignee  of  contract. 
1912A-1124. 

Mortgages,  assignment,  right  of  one  pay- 
ing indebtedness  to  have  assignment. 
1914B-562. 

— prior  equities,  rights  of  assignee  as 
against.     1918C-479. 

— recording  acts  as  applicable  to  assign- 
ments.    5-339;   1914C-753. 

— redemption  by  assignee  of  equity  of  re- 
demption, necessity  as  to  payment  of 
all    subsequent    debts.     1914A-732. 

Municipal  contract,  validity  and  enforce- 
ability of  provision  forbidding  as- 
signment.    1912A-363. 

Mutual  account,  assigned  account  as 
mutual   account.     1913D-819. 

Optional  contracts,  right  to  assign  option 
to    purchase   land.     1914B-1228. 

— specific  performance  of  optional  con- 
tract,  right   of   assignee.     1913A-364. 

Parol  assignment  of  insurance  policy, 
validity.     5-410. 

Partial  assignment  of  claim  or  demand 
founded   on   contract.     1912A-673. 

Patents,  implied  warranty  of  validity. 
18-58. 

Penalty,  assignability  of  right  of  action 
for.     1916D-893. 

Personal  injuries  resulting  from  negli- 
gence, assignability  of  right  of  ac- 
tion.    6-444. 

Priority  of  successive  assignees  of  chose 
in  action  as  dependent  upon  notice 
to   debtor.     17-442. 

Public  officers,  unearned  salary  or  fees  of 
public  officers,  assignment.  4-423; 
10-636;   1913B-1080. 

SetofiF,  claim  assigned  before  suit,  right 
of  party  to  setoff.     19-323. 

Trademark  and  trade  names,  assign- 
ability.    2-218;    1917A-260. 


ASSIGNMENTS— Continued. 

Vendor  and  purchaser,  contract  for  sale 
of  realty,  interest  taken  by  assignee 
of  executory   contract.     5-419. 

— rescission,  right  of  assignee  to  sue  for. 
1917E-845. 

— restriction  against  assignment,  validity 
and    enforceability.     1913A-229. 

Wages,  assignee's  right  to  preference  in 
bankruptcy.     1916B-351. 

— statute  invalidating  assignment  of  un- 
earned wages  except  under  pre- 
scribed conditions,  validity.  1913B- 
531;   1915C-691;   1917A-760. 

— validity  of  assignment  of  unearned 
wages.     5-64;    6-765. 

Waste,  right  of  action,  assignability. 
1914C-262. 

"Without  recourse,"  implied  warranty 
arising  out  of  assignment  of  chose  in 
action.     1912A-923. 

Written  contract  for  purchase  of  land, 
necessity  for  writing  under  statute 
of     frauds     on    assignment.     15-1177. 

ASSIGNMENTS  FOR  BENE-^ 
FIT  OF  CREDITORS. 

See  Bankruptcy;  Insolvency. 

Attachment  of  property  assigned  for 
benefit  of  creditors,  right  of  assignor 
to  move  to  dissolve.     1916D-479. 

Barred  debts,  revival  by  inclusion  in 
schedule  of  liabilities.     4-940. 

Bond  of  assignee,  judgment  agrainst  prin- 
cipal as  evidence  against  surety.  9- 
158;    1915D-40S. 

Conditional  sale  contract,  validity  as 
against  vendee's  assignee.  1916A- 
1261. 

Corporation,  right  of  stockholder  in  ac- 
tion by  assignee  to  set  off  debt  due 
him  from  corporation  against  Ms  un- 
paid   stock   subscription.     1913E-1027. 

Credit  sale  of  goods,  accrual  of  right  of 
action  for  price  as  affected  by  assign- 
ment.    7-545. 

Dividends,  rights  of  secured  creditors, 
2-274;   13-1089. 

Execution  sale,  right  of  assignee  to  en- 
join.    1918C-270. 

Judgments  and  orders  from  which  as- 
signees   may   appeal.     1914A-1236. 

Landlord's  lien  as  divested  by  insolvency 
of   tenant.     15-386. 


ASSISTANCE— ASSOCIATIONS. 


61 


ASSIGNMENTS  FOR  BENEFIT  OF  CBED- 
ITOBS — Continued. 

Life  insurance  policy  as  passing  to  as- 
signee for  benefit  of  creditors.  20- 
1186;    1915B-1289. 

Necessary  expense  in  administering  es- 
tate under  assignment,  what  is. 
1918D-921. 

Nonassent  of  some  or  all  of  creditors  as 
affecting  validity  of  assignment. 
1913A-818. 

Partition  of  insolvent's  property,  right  of 
assignee  to  sue  for.     16-560. 

Bent,  liability  of  assignee  for  benefit  of 
creditors.     1916E-815. 

Eeservation  of  balance  or  surplus  under 
assignment  or  transfer  for  payment 
of  debts  as  rendering  transaction 
void.     1912D-500. 

Setoff  against  assignee,  right  of  debtor 
of  insolvent  creditor  to  set  off  lia- 
bility as  indorser  of  note.  1914D- 
747. 

Surety  as  creditor  from  commencement 
of   suretyship.     1912B-626. 


ASSISTANCE. 

Conversion,  liability  of  one  who  renders 
assistance  to  another  in  depriving 
owner   of  his   property.     21-1194. 

Passengers,  duty  of  carrier  to  assist. 
13-596. 

Voters,  assistance  at  elections.  1912B- 
109. 

Workmen's  compensation,  accident  aris- 
ing out  of  and  in  course  of  employ- 
ment as  covering  assistance  to  work- 
men.    1914B-502. 


ASSISTANCE,  WRIT  OF. 

Appealability  of  order  granting  or  re- 
fusing.    10-1042;    1913D-1129. 

Equity,  power  of  court  to  allow  writ  in 
action   to    quiet    title.     1915B-1095. 

Writs   of  assistance.     1913D-1120. 


ASSISTANTS. 

Dentist,  liability  for  act  of  assistant. 
1914A-275;   1918C-1190. 

Deputy  and  assistant  defined  and  distin- 
guished.    1912A-1270. 

Servant  employing  assistant,  liability  of 
master  for  injury  to  assistant.  4- 
444;  14-389;   1913C-792. 


ASSOCIATE  COUNSEL. 

Absence  of  associate  as  ground  for  con- 
tinuance.    1913C-431. 

— employment  of  associate  counsel  et  ex- 
pense of  client,  right  of  attorney. 
15-1180. 

Personal  liability  of  attorney  for  fee. 
1917B-524. 


ASSOCIATIONS. 

See  Beneficial  Associations;  Building  and 
Loan  Associations;  Chambers  of 
Commerce. 

Actions,  liability  to  suit  in  association 
name  in  absence  of  permissive  stat- 
ute.    6-833;    7-645. 

— right  to  sue  in  association  name  in  ab- 
sence   of    permissive    statute.     3-699. 

By-laws,  amendments,  validity  as  to  exist- 
ing  members.     1914D-63. 

Communistic  society  as  contrary  to  public 
policy.     11-236. 

Contract  made  by  or  in  behalf  of  un- 
incorporated association,  personal 
liability  of  member.  21-1088;  1916A- 
853. 

Credit  report  between  members  as  to  in- 
dividual  as   privileged.     1916E-547. 

Dues,  le^al  obligation  of  member  of  un- 
incorporated club  or  society  to  pay. 
1912B-989. 

Embezzlement  by  member  of  unincorpo- 
rated   association.     14-725. 

— indictment,  sufficiency  with,  reference 
to  allegations  of  ownership  by  asso- 
ciation.    18-343. 

Gaming,  applicability  of  statute  against 
gambling  to    social   club.     1912A-995. 

Gift  inter  vivos  to  unincorporated  asso- 
ciation,   validity.     1912A-689. 

Initiations,  injuries  sustained  by  appli- 
cant for  membership  during  initia- 
tion, liability.     12-554. 

Injunctions  against  association,  violation 
by  individual  member  as  criminal 
contempt.     3-28. 

— unincorporated  labor  union  as  defend- 
ant in  action  to  enjoin  strike.  7- 
645. 

Intoxibating  liquor,  application  of  statute 
regulating  traffic  to  bona  fide  social 
club  distributing  liquors  to  members. 
1912A-1088. 


62      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


ASSOCIATIONS— Continued, 

Larceny  from  association,  sufficiency  of 
allegation  in  indictment  as  to  owner- 
ship   of    property.     18-1123. 

Mandamus  as  remedy  against  unincorpo- 
rated association.  16-1246;  1914B- 
90. 

Membership  in  unincorporated  associa- 
tion,  what  constitutes.     17-1145. 

— termination  of  membership  hj  expul- 
sion.    1913C-399. 

Name,  protection  in  use  of  its  name, 
right  of  unincorporated  benevolent, 
fraternal  or  social  organization, 
1918A-245. 

Quo  warranto  proceedings  against  joinder 
of  parties.     1918I>-216,  222. 

Recourse  to  courts  by  members  of  benev- 
olent and  like  associations  to  pro- 
tect  property    rights.     1915B-318. 


ASSUMPSIT. 

See  Money  Had  and.  Received;  Payment; 
Work  and  Labor. 

Eight  to  sue  in  assumpsit  for  value  of 
converted  property  used  or  consumed 
by  tort-feasor.     17-975. 

Waiving  tort  and  suing  in  assumpsit. 
1913D-228;    19150-1135. 

ASSUMPTION  OF  MORTGAGE. 

See  Mortgageg. 

ASSUMPTION  OF  RISK. 

See  Master  and  Servant. 

ASYLUMS. 

See  Hospitals  and  Asylmns. 


AT. 

Meaning  of  word   "at."     1912B-1070. 

"At"   a   certain   age.     1912B-1080. 

"At  an   interval."     1912B-1080. 

"At   his   death."     1912B-1080. 

"At   or  before."     1912B-1077. 

"At  or   near."     1912B-1076. 

"At  or  upon."     1912B-1077. 

"At  the   date."     1912B-1077. 

"At  the  end."     1912B-1079. 

"At    the    expiration."     1912B-1079. 

"At   the    same   time   and    place."     1912B- 

1079. 
"At   the   time."     1912B-1078. 
"At   the   trial."     1912B-1080.  » 


AT  COURTHOUSE. 

Meaning  as  designating  place  of  sale 
under  mortgage.     11-166. 

AT  LARaE. 

Meaning  of  term  as  applied  to  animals. 
9-284;   1912B-1081. 

AT  ONCE. 

Meaning  as  used  in  accident  insurance 
policy  with  respect  to  disability  fol- 
lowing accident,     1914I>-380. 


ATMOSPHERIC  ELEC- 
TRICITY. 

Injury  arising  by  discharge  from  wire, 
liability  of  electric  company.  1912A- 
252. 

ATTACHMENT. 

1.  In  General, 

2.  Grounds. 

3.  Wlio  Liable. 

4.  Property  Subject. 

5.  Procedure. 

6.  Lie!n. 

7.  Care  and  Custody. 

8.  Forthcoming  Bond. 

9.  Wrongful  Attachment. 

1.    In  GeneraL 

Appearance  for  purpose  of  moving  to  set 
aside  writ  for  want  of  jurisdiction 
as  general  or  special  appearance. 
18-913. 

Chattel  mortgage  lien,  waiver  by  attach- 
ment levy.  4-487;  17-957;  19160- 
408. 

Execution  sale,  right  of  attaching  credi- 
tor  to   enjoin.     1918C-264. 

Purchaser  pendente  lite,  attaching  credi- 
tor as.     1918C-66. 

Belease  of  attached  property,  payment 
under  duress   to   obtain.     1913A-1355. 

Eesidenee  as  synonymous  with  domicile 
in  attachment  statutes.     1915C-787. 

"Security,"  attachment  process  as  consti- 
tuting.    1914D-624. 

Title  to  personalty  levied  on,  acts  or 
statements  of  defendant  while  in  pos- 
session of  property,  admissibility  on 
issue  of  title.     1914D-690. 


ATTACHMENT. 


63 


ATTACHMENT— Continued. 

2.     Grounds. 

Foreign  corporation,  right  to  issue 
against  on  ground  of  nonresidenee. 
1916E-362. 

Fraudulent  sale  or  conveyance  of  prop- 
erty as   ground.     5-618. 

Sale  of  property  without  delivery  or 
change  of  possession  as  ground- 
1914I>-1094. 


3.    Who  Liable. 

National  banks,  attachment  against.  3- 
1155. 

"Person"  as  used  in  attachment  statute 
as  including  private  corporation.  20- 
740,    744;    1914A-1309. 

Waiver  of  attachment  as  against  third 
persons  by  enlarging  original  claim. 
18-1022. 


4.    Property    Subject. 

Bankruptcy,  funds  held  by  trustee  as 
liable  to  attachment.     13-810. 

Gars  of  foreign  railroad,  liability  to  at- 
tachment.    2-349;     9-440;     11-910. 

Corporate      stock,      foreign      corporation, 

shares    of    nonresident    as   subject    to 

attachment.     1915A-570. 
— right    to    attach    shares    of    nonresident 

at    location    of    corporation.     1912D- 

954. 

Decedent's  estate,  right  of  creditor  to 
attach  under  writ  against  executor 
or  administrator.     5-912. 

Equitable  interest  in  personal  property 
as    subject   to   attachment.     11-669. 

— interest  in  real  property  as  subject. 
1916C-786. 

Exemption  of  money  "due"  or  "to  be 
paid"  as  applicable  to  money  after 
payment.     7-755. 

— right  of  debtor  to  exemption  as  af- 
fected by  preparation  to  remove 
from  state.     1913C-729. 

— seamen's  wages,  construction  of  statute 
exempting   from   attachment.     15-130. 

Goods  in  transit  in  hands  of  carrier, 
right   to  attach.     1914B-910. 

Intoxicating  liquors,  liability  to  attach- 
ment.    17-300. 

Materials  furnished  to  be  used  in  con- 
struction of  building,  liability  to  at- 


ATTACHMENT— Continued. 

tachment     at     suit     of     contractor's 

creditor.     1913A-876. 
Promissory  note,   liability   to   seizure    and 

sale    under    attachment.     15-980. 
Property    subject    to    attachment.     5-618. 

5.    Procedure. 

Affidavit  for  attachment,  effect  of  alter- 
native or  disjunctive  statement  of 
grounds.     11-27;   20-576. 

Appeal  in  principal  action  as  bringing 
attachment  proceeding  up  for  review. 
1918A-516. 

— judgment  for  defendant,  effect  of  ap- 
peal  by   plaintiff.     1913B-180. 

Cattle  on  range,  what  is  sufficient  levy. 
1916B-995. 

Collateral  attack,  levy  as  subject  to. 
1913C-146. 

Dissolution  of  attachment  by  death  of 
defendant.     1917A-149,    163. 

• — right  of  defendant  to  move  to  dissolve. 
1916D-476. 

Intervention,  right  of  claimant  of  at- 
tached property  to  intervene.  18- 
594. 

Levy  on  personal  property,  what  is  suffi 
cient.     1916B-984,  1000. 

Possession  under  attachment  as  provable 
under  general  denial  in  replevin.  20- 
299. 

Proceeds  of  attachment,  priority  of  pay- 
ment, right  of  attaching  creditor 
pursuing  absconding  debtor.  191 3C- 
292. 

Prorating  proceeds  of  attached  property 
among   creditors.     1913C-285. 

Quashing  writ,  motion  as  barred  by  giv- 
ing statutory  bond  to  dissolve.  12- 
170. 

Variance  in  statement  of  <;laim  between 
affidavit    and    declaration.     3-186. 

Writ,  junior  writ,  rights  of  parties  on 
sale   under.     1917B-710. 

— ^loss  of  writ,  proof  by  parol  of  contents 
of  lost  or  destroyed  writ  of  attach- 
ment.    1916D-252. 

— omission  of  word  "dollars"  in  writ, 
effect.     1915C-335. 

6.    Lien. 

Corporate  stock,  rights  of  unregistered 
transferee  as  against  attachment 
levied  on  stock.  21-1394;  1917A- 
428. 


64      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1»18E 


ATTACHMENT — Continued. 

Divestiture  of  lien  by  subsequent  occupa- 
tion of  land  for  homestead  purposes. 
1913B-1149. 

Life  of  attachment  kept  in  force  for 
benefit  of  creditor,  right  to  have. 
1913C-292. 

Priority  between  writ  of  attachment  and 
check  as  to  funds  in  bank.     5—190. 

— lien  not  perfected  by  judgment  during 
husband's  lifetime  as  prior  to 
widow's   share   in   estate.     1913A-343. 


7.    Care  and  Custody. 

Expense  of  keeping  attached  property, 
liability   for.     1913E-758. 

Injury  or  loss  of  attached  property,  lia- 
bility of  attaching  officer.  1912A- 
1114. 

— measure  of  damages  recoverable  from 
attaching  officer.     1912a-1116. 


8.    Fortlicomlng  Bond. 

Amendment  of  bond,  right  of.  19171>- 
117. 

Judgment  against  principal  as  evidence 
against  surety  on  bond.  9-157; 
1915D-407. 

Principal's  discharge  in  bankruptcy  as 
discharge  of  surety.     15-956. 

Punitive  damages  es  recoverable  in  ac- 
tion  on   bond.     1915A-349. 

Substitution  of  phrase  "et  al."  in  place 
of  names  in  bond.     14-572. 

Sureties  fewer  than  required  number, 
validity    and    effect    of   bond.     9-708. 


9.    Wrongful   Attachment. 

Agency,  liability  as  between  principal 
and  agent  for  wrongful  attachment. 
1-723. 

Attorney's  liability  to  client  for  negli- 
gence or  unauthorized  action.     1917B- 

27. 

Damages,  counsel  fees  as  damages,  right 
to  recover  on  dissolution  of  attach- 
ment.    10-954;    1914I>-815. 

— injury  to  credit  as  element  of  damages 
for  wrongful  attachment.  1915A- 
1221. 

— measure  of  damages  recoverable  for 
wrongful  levy  under  writ.  1915B- 
1219. 


ATTACHMENT— Continued. 

— mental  suffering  as  element  of  damages 
for    wrongful    attachment.     2-53. 

Suing  out  attachment  maliciously  and 
without  probable  cause,  liability  for. 
7-547. 

Termination  of  attachment  proceedings 
as  condition  to  maintenance  of 
action  for  wrongful  attachment. 
1912A-445. 


ATTACKS. 

Bight  of  person  assaulted  to  repel  attack. 
5-999;  15-51. 


ATTEMPT  TO  SAVE  LIFE. 

Contributory  negligence,  attempt  as  con- 
stituting.    4-925;    1917C-654. 

Workmen's  compensation,  injury  in  at- 
tempt as  accident  arising  out  of  and 
in  course  of  employment.  1916B- 
1298. 


ATTEMPTS. 

Arson,  acts  constituting  attempt  to  com- 
mit.    8-630. 

Assault,  conviction  of  person  for  attempt 
to   commit   assault.     21-999. 

Bribery  and  attempt  to  bribe,  distinction 
between.     1916A-816. 

Crime,  elements  of  attempt  to  commit. 
8-630. 

— necessity  for  averring  overt  act  in  in- 
dictment.    7-140. 

False  pretenses,  what  constitutes  attempt 
to    obtain    money    by.     1917B-1230. 

Perjury,  what  constitutes  offense  of  at- 
tempting to  suborn  perjury.  17- 
1182. 

Bobbery,  attempt  to  commit.     1918A-406. 

Solicitation  of  chastity  as  constituting 
attempt  to  commit  sexual  crime.  2- 
457. 

Suicide,  attempt  to  commit  as  indictable 
offense.     8-354. 


ATTESTATION. 

See  Deeds;  Mortgages;  Wills. 

"Subscription"   to   will    as   included   under 
term   "attestation."     16-1091. 


ATTORNEY  GENERAL— ATTORNEYS. 


65 


ATTORNEY   GENERAL.  ATTORNEYS-Continued. 


Grand  jury,  right  to  appear  before. 
1912D-935,   945;    191oD-161. 

Information,  right  to  file  and  prosecute, 
1914B-143. 

Intervention  in  proceeding  in  interest  of 
public  charity,  right  of  state  or  at- 
torney  general.     1913D-138. 

Litigation  in  which  state  is  interested, 
exclusive  control  of  attorney  general. 
1914D-155. 

Misconduct  of  attorney  general  as  ground 
for  suspension  or  disbarment  as  at- 
torney.    1917B-234. 

Opinion  of  attorney  general,  weight  and 
effect.     1913C-1307. 

Quo  warranto  proceedings  by  attorney 
general,  necessity  of  leave  of  court. 
6-912. 

ATTORNEYS. 

1.  Privileges   and   DisabilitieB  of   Profes- 

sion. 

2.  Relation  of  Attorney  and  Client. 

A.  Rights  and  Liabilities   Inter  Se. 

B.  Liability  foe  Negligence. 

C.  Authority  of  Attorney, 
S.  Fees  and  Compensation. 

A.  Generauly. 

B.  Allowance  by  Court. 

C.  Procedure  for  Recovery. 

4.  Lien. 

5.  Law  PartnersMp. 

6.  Judicial  Control  Over  Attorneys. 

A.  Admission  to  Bar  and  Practice  of 

Law. 

B.  Disbarment. 

C.  Compelling  Performance  of  Duty. 
See     Argument     of     Counsel;      Attorney 

General;  Prosecuting  Attorneys. 

1.    Privileges    and    Disabilities    of    Pro- 
fession. 

Accused  trying  own  case  without  attor- 
ney, right  and  effect  thereof.  1913C- 
739. 

Additional  counsel,  appearance  for  party 
to  cause  after  jury  have  been  im- 
paneled as  prejudicial  to  opposing 
party.     1912B-666. 

Admissions  of  attorney  upon  former  trial, 
admissibility  in  evidence.     10-1063. 

Arbitration    award    prepared    by    attorney 
for  party  as  ground  for  setting  aside 
award.    '^1912C-1007. 
Index  to  Notes — 5 


Affidavit  or  oath  made  by  attorney  for 
party  to  proceeding,  sufficiency.  7- 
49. 

— disqualification  of  notary  public  to  take 
affidavit  where  he  is  attorney  for 
party    taking    oath.     6-37. 

Amicus    curiae,    attorney    as.     1915A-193. 

Appointment  of  inexperienced  or  unfaith- 
ful counsel  or  of  insufficient  number 
of  counsel  to  represent  defendant  in 
criminal  case  as  reversible  error. 
1912C-457. 

— juvenile  offenders,  appointment  of  coun- 
sel  to   represent.     1916E-1016. 

Attestation  to  deed  or  mortgage,  attor- 
ney for  party  as  competent  attesting 
witness.     15-593. 

Bankruptcy,  fiduciary  capacity  of  attor- 
ney within  Bankruptcy  Act.     1915A- 

1297. 

Confession  of  accused  procured  under  pre- 
tense of  being  attorney,  admissibility 
in   evidence.     15-276. 

Contempt,  injunction  against  client  vio- 
lated by  attorney  as  criminal  con- 
tempt.    3-29. 

Costs,  personal  liability  of  attorney.  21- 
879. 

Depositions,  disqualification  to  take  by 
reason   of  interest.     6-610. 

"Expenses"    as    including    attorney    fees. 

1914C-300. 
< — incidental    expenses   of   action,   personal 

liability  of  attorney.     1917B-520. 

Foreign  laws  as  provable  by  attorney, 
admissibility  and  weight  of  testi- 
mony.    20-1339. 

Illegal  contracts,  agreement  to  test  valid- 
ity of  statute  or  attempt  to  prevent 
enforcement,     legality.     1913A-126. 

— facilitation  of  divorce,  validity  of  con- 
tract with  husband  or  wife  therefor. 
1918E-905. 

— procurement  of  legal  business,  validity 
of  contract  by  attorney  with  third 
person  for  purpose.     2-836;  17-690. 

Judge,  disqualification  from  having  been 
of    counsel.     10-972. 

— relationship  of  attorney  to  judge  or 
participation  by  judge  as  attorney  as 
disqualifying  judge.     1917A-1238. 

— formerly  interested  in  estate  as  coun- 
sel, as  disqualified  to  act  in  estate 
matter.     1912C-1169. 


66      INDEX  TO  TIIE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


ATTOENEYS — Continued. 

Libel  end  slander,  communication  be- 
tween attorney  and  client  as  privi- 
leged  within   iaw.     1912A-479. 

— imputation  upon  lawyer  as  libel  or 
slander.     1912A-376. 

— ^privilege  from  prosecution  for  state- 
ments made  in  judicial  proceedings 
es  privileged.     7-603;   1917E-169. 

Municipal  corporation,  right  to  employ 
counsel  to  assist  its  regularly  re- 
tained  counsel.     1913D-921. 

Notary  public,  attorney  as  notary,  dis- 
qualification to  take  affidavit  where 
he  is  attorney  for  party  taking  oath. 
6-37. 

Presence  or  consent  of  counsel  on  giving 
further  instructions  to  jury  after 
retirement,  necessity  for,     17-536. 

Privileged  communications  between  attor- 
ney and  client.     1913A— 3. 
— ^before    employment,    communication    as 

privileged.     21-217, 
— communication  to  attorney  in   view   of 

litigation  as  privileged.     1916C-702. 
— disclosure   of   person   employing   him   to 

defend    another    charged    with    crime 

as  within  rule.     1916E-335. 
^overheard   communication   as  privileged 

against   testimony  of   person  hearing. 

10-178. 
— several    clients    for    whom    attorney    is 

acting  jointly  as  affecting  rule.     11- 

877. 
— subject    matter    of    employment,    neces- 
sity that  communication  be  in  regard 

to.     4-531. 
— testamentary  matters,  communications  in 

regard      to      as      privileged.     14-601; 

1912A-839;   1916C-1073. 
— ^waiver    by    introduction    of    testimony. 

20-1285;    1913  A-32;    1916I>-1087. 

Production  of  books  or  papers  belonging 
to  client,  right  to  compel  attorney. 
1916A-«4. 

Bemarks  of  counsel,  instruction  to  jury 
to  pay  no  attention  as  reversible 
error.     1912C-817. 

Scandalous  or  disrespectful  language  in 
brief,  whet  action  court  will  take. 
9-166. 

School  districts,  power  to  employ  counsel. 

19I8A-502. 

Silence  when  opposing  attorney  during 
trial  states  matters  of  fact  admitted 


ATTOBNETS— Continued. 

by    adverse     party    as    admission     of 
such    matters.     1913E-945. 

Stipulation  by  counsel  as  conferring 
jurisdiction  on  appellate  court  to  pass 
on  question  not  raised  below.  1912A- 
1037. 

Surety  for  client,  right  of  attorney  to 
become.     18-837. 

Tax  on  occupation  of  attorney,  validity. 
1912A-599. 

Verdict,  right  of  attorney  to  receive  in 
absence   of  judge.     16-90. 

Witnesses,  competency  of  attorney  as  wit- 
ness when  trying  his  own  case. 
1913B-711. 

— ^failure  *to  call  attorney  as  witness  as 
raising  presumption  against  client. 
1914A-919;   1918B-1134. 

— propriety  and  competency  of  attorney 
as  witness  for  client  or  adverse 
party.     13-31. 

2.    Relation  of  Attorney  and  Client. 
A.    Eights  and  Liabilities  Inter  Se. 
Abandonment   of   contract   of   employment 
with  client,  what  is  sufficient  ground. 
1912D-640. 

Absence  of  counsel  as  ground  of  continu- 
ance   of    trial.     1913C-431. 

— divorce  case,  absence  of  counsel  as 
ground    for    continuance.     1914B-361. 

Acting  for  party  adverse  to  former  client 
in  same  general  matter,  propriety 
and   effect.     1912B-212;    1916A-6ol. 

Advice  of  counsel  as  defense  to  action 
for  malicious  prosecution.  1-932; 
11-954;    1912D-423. 

— ground  for  opening  default  judgment. 
1917A-709. 

— sheriff  as  exonerated  from  liability  for 
failure  to  execute  process  through 
acts  or  instructions  of  attorney.  4- 
979. 

Death  of  client  or  dissolution  of  corpora- 
tion as  terminating  relation  of  attor- 
ney  and   client.     1913A-712. 

Decedent's  estates,  employment  of  attor- 
ney by  personal  representative,  lia- 
bility for   services.     1-771. 

Discharge  of  attorney,  right  of  client  to 
discharge  at   will.     19-592. 

Dismissal  of  action,  right  of  client  with- 
out attorney's  consent.  1-247;  1917A- 
570. 


ATTORNEYS. 


67 


ATTORNEYS— Continued. 

Forgetfulness  of  attorney  as  gronnd  for 
opening  or  setting  aside  default  judg- 
ment.    1914B-590. 

Good  faith  of  transaction  in  case  of  as- 
signment or  conveyance  bv  client  to 
attorney,  burden  of  proof.  18-123; 
1918E-1159. 

Interpleader,  claims  against  client,  right 
of  attorney  to  file  bill.     1-513. 

Intoxic-ation  of  attorney  as  ground  for 
new  trial.     1913D-500. 

Judicial  sale,  right  of  attorney  of  party 
to  proceeding  to  purchase  property. 
21-274. 

Limitation  of  actions,  client's  debt  to  at- 
torney barred  by  statute,  validity  of 
acknowledgment.     1916E-436. 

— negligence  of  attorney  as  excuse  for 
failure  to  bring  action  within  time 
limited    by    statute.     20-397. 

Malicious  prosecution,  liability  of  attor- 
ney in  bringing  suit  for  client. 
1915B-718. 

Negligence  or  incompetence  of  attorney 
as  ground  for  new  trial.     1913D-498. 

Notice    to    attorney   as    notice    to    client. 

3-441. 
— knowledge    by    attorney     of     defective 

legal     proceedings     as     imputable     to 

client   and  affecting  title   acquired   at 

judicial  sale.     14-185. 

Purchase  from  adverse  party  of  subject 
matter  of  employment,  right  of  attor- 
ney.    1915C-953. 

Settling  litigation  without  consent  of  at- 
torney, validity  of  stipulation  in  con- 
tract of  employment  prohibiting 
client.     13-444;    1913D-306. 

B.    Liability  for  Negligence. 

Burden  of  proof  in  action  against  attor- 
ney for  negligence  or  wilful  violation 
of  duty.     2-603;   14-342. 

Fraudulent  concealment  by  attorney  of 
cause  of  action  against  him  in  favor 
of  client,  what  constitutes  within 
statutes   of  limitations.     9-78. 

Judgment  entered  against  client  through 
negligence  or  mistake  of  attorney, 
equitable  relief.     10-447. 

Money  collected  by  attorney  when  limita- 
tion statute  begins  to  run  against 
action  bv  client  to  recover.  15-1208; 
1914C-640. 


ATTORNEYS— Continued. 

Negligence  or  breach  of  duty,  liability  of 
attorney.     1917B-3,  54. 

Survival  of  action  for  negligence  of  at- 
torney.    6-651. 

C.    Authority  or  Attorney. 

Accused  person's  right  to  be  present  at 
rendition  of  verdict,  authority  of  at- 
torney to  waive.     13-1214. 

Appearance  of  attorney  in  cause,  power 
of  court  to  investigate  authority  to 
appear.     1912C-106. 

Associate  counsel  or  assistants,  right  to 
employ  at  expense  of  client.  15- 
1180. 

Collections,  power  of  attorney  to  extend 
time  of  payment  of  claim.  1913B- 
1295. 

Compromise  of  client's  cause  of  action, 
right  of  attorney.  21-57J;  1915B- 
832. 

Confession  or  consent  to  entry  of  judg- 
ment, authority  of  attorney.  1914C- 
548. 

— validity  of  provision  in  note  in  absence 
of  statute  authorizing  attorney  to 
appear  and  confess  judgment.  16- 
895. 

Expenses  incident  to  suit  for  client,  au- 
thority of  attorney  to  incur.  1912D- 
313. 

Implied  authority  of  attorney  to  prose- 
cute proceedings  for  review.     16-928. 

Process,  attorney  as  agent  within  statute 
providing  for  service  of  process  on 
agent  of  foreign  corporation.  19- 
202. 

— service  of  summons  by  plaintiff's  attor- 
ney,  validity.     1914A-1201. 

Vacation  or  opening  of  judgment  in  favor 
of  client,  authority  of  attorney. 
1916B-724. 

3.    Fees  and.  Compensation. 

A.  Generally. 

Agreements  between  attorney  and  client 
for    compensation,    validity.     1-299. 

Amount  in  controversy,  attorneys'  fees 
stipulated  for  in  note  as  calculable  in 
determining.     1912B-233. 

Appeal  bond,  right  to  recover  attorney's 
fees  in  action  on.     15-723. 


68      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


ATTORNEYS— Continued. 

Attachment,  fees  of  attorney  as  damages 
recoverable  on  dissolution.  10-954; 
1914D-815. 

Attorney  appearing  for  himself,  taxation 
of  his  fees  as  costs.     5-834. 

Bankruptcy  act,  fees  of  attorney  as  valid 
preference    thereunder.     3-280. 

Bills-  and    notes,    allowance    of    fees    by 

court    under  ■  provision    in    negotiable 

instrument.     20-1371. 
— amount  in   controversy  as  determinable 

by     stipulation     for     fee     in     note. 

1915B-233. 
— indorser    as    bound    by    stipulation    for 

fees  in   bill   or   note.     1917C-1082. 
— negotiability    of    note     as    affected    by 

stipulation  for  attorney's  fee.     4-263; 

1912D-6,   165. 
— reduction    of    stipulated    fee    to    bring 

amount   due   on   note   within   jurisdic- 
tion  of   court.     5-309. 
■ — validity     of     stipulation     for     fees     in 

promissory       note.     1917D-365,       375, 

378. 

Ohampertous  contract,  value  of  services 
rendered  under,  right  to  recover. 
1913B-1091. 

Change  of  venue,  attorney  fees  as  charge- 
able  against   county.     1913B-190. 

Collection^,  claim  taken  to  collect  on  per- 
centage, right  to  fee  where  client 
takes  claim  out  of  attorney's  hands. 
1912C-741. 

Compromise  of  action  against  client's  di- 
rections as  affecting  right  of  attor- 
ney    to     compensation.     1913D-410. 

Contingent  fee,  settlement  between  client 
and  adversary  as  affecting  right  of 
attorney.     18-1115. 

Contract  for  compensation  after  fiduciary 
relation  established,  validity.  191 7A- 
531,   549. 

— refusal  by  court  to  enforce  as  unreason- 
able express  contract  for  compensa- 
tion.    1914B-983. 

Corporation,  employment  of  attorney  by 
majority  stockholders,  right  to  re- 
cover for  services  from  corporation 
where  litigation  results  favorably  to 
minority.     1912C-380. 

Costs,  taxable  costs  as  property  of  attor- 
ney or  client.     21-1042. 

Death  before  completion  of  contract,  re- 
covery for  r-ervices,  right  to  and 
amount,     1914D-210. 


ATTORNEYS— Continued. 

Detinue   or  replevin  bond,  attorney's   fees 

as   recoverable   in   action   on.     1916D- 

874. 
Divorce,  fees  incurred  by  wife  in  divorce 

action,    liability    of    husband.     15-21; 

1917A-689,  702. 

Executor  or  administrator,  compensation 
for  legal  services  performed  by  per- 
sonal  representative.     1913A-1273. 

— ^power  to  employ  attorney  under  ex- 
press contract  as  to  amount  of  com- 
pensation.    1917B-216. 

Expenses,  fees  as  included  under  term. 
1914C-1300. 

Federal  government  claims,  validity  of 
statute  limiting  amount  of  attorney's 
fees.     1918C-863,    872;    1918E-538. 

Infant,  liability  for  services  of  attorney. 
5-131;    1914D-604. 

Injunction,  counsel  fees  recoverable  aa 
damages  on  dissolution.  8-712;  13- 
262;    1912D-715. 

Insane  person,  right  of  attorney  to  re- 
cover for  services  rendered.  1915A- 
729. 

Interest  on  attorney  fees.     1916E-249. 

Liability  insurance,  right  of  insured  to 
recover  from  insurer  costs,  counsel 
fees,  etc,  incurred  in  defending  suit 
where  insurer  fails  to  defend. 
1913E-n]. 

Libel  and  slander,  counsel  fees  as  dam- 
ages in  action  for.     16-514. 

Mechanic's  lien  law  providing  for  taxing, 
validity.     11-714;  1916D-1044. 

Mortgage  foreclosure,  fees  as  fixed  in 
mortgage,  validity  and  enforceability. 
19-1068. 

Reasonable  attorney's  fee,  what  is,  in  ab- 
sence of  contract.  1916B-263;  ]918D- 
945. 

Receiver,  personal  liability  for  attorney's 
fees.     1917B-354. 

Retaining  fee,  right  of  attorney  to.  19- 
-489. 

Services  beneficial  to  person  not  employ- 
ing attorney,  right  of  latter  to  re- 
cover.    12-776;   1917A-423. 

Solicitation  of  business  as  forfeiture  of 
right  to  compensation.  10-842; 
1917C-872. 

B.     Allowance   by  Court. 
Action    for   personal   services,    validity    of 
statute    allowing    taxation    of    attor- 
ney's fees  as  costs.     17-282, 


ATTORNEYS. 


69 


ATTORNEYS— Continued. 

Annulment  of  marriage,  power  of  court 
to  grant  counsel  fees  pendente  lite. 
5-380;   20-1347. 

Contempt  proceedings,  imposition  of  costs 
and   counsel  fees.     1913B-565, 

Execution  sale,  allowance  in  action  to  en- 
join.    1918C-306. 

Indigent  person,  right  to  compensation  of 
attorney  appointed  to  defend.  1913E- 
206. 

Matrimonial  action  pending  appeal,  al- 
lowance of  counsel  fees,  3-51;  15- 
229;    1915B-1249. 

— reconciliation  of  parties,  power  of  court 
to  allow  attorney  fees  thereafter. 
1913A-798. 

Partition  proceedings,  allowance  of  fees 
in.     12-854. 

Railroad  injuring  animals,  attorney  fees 
as  penalty  for  failure  to  fence  tracks, 
validity   of   statute.     3-184. 

— counsel  fees  where  railroad  fails  to  pay 
for  injury  within  specified  time, 
validity  of  statute  allowing  recovery. 
17-633. 

Special  assessment  actions,  validity  of 
statute  authorizing  allowance  of  fees. 
11-811;    1912A-692. 

Taxpayer's    action,    recovery    of    counsel 

fees.     19130-915. 
Unsuccessful   party  in  action   to   construe 

will,     allowance      of      counsel     fees. 

1915C-716. 

C.    Procedure  for  Eecoveey. 

Expert  evidence  on  question  of  value  of 
services,  admissibility  and  necessity. 
20-53;  1914D-369. 

Limitation  against  action  by  attorney  to 
recover  for  services,  when  statute  be- 
gins to  run.     1913A-416. 

4.    Lien. 

Collusive  settlement  after  verdict  as 
affecting   attorney's    lien.     1913E-646. 

Constitutionality  of  statute  giving  attor- 
ney lien  on  cause  of  action.  8-709j 
19130-69. 

Dismissal  of  action  by  client  as  affecting 
lien  of  attorney.     1-247. 

Extent  of  attorney's  lien  on  judgment. 
1916E-387. 

Federal  Employers'  Liability  Act  as 
affecting  lien  statute.     1918E-502. 


ATTORNEYS— Continued. 

Forfeiture  of  lien  by  voluntary  with- 
drawal  from   action.     1913E-540. 

Notice  by  attorney  to  judgment  debtor  of 
lien  on  judgment,  sufficiency.  12- 
343. 

Papers  in  attorney's  possession  connected 

with    litigation    as    subject    to    lien. 

1917B-147. 
Partition  proceedings,  lien  for  attorney's 

fees  on  land  which  is  subject  matter 

of  litigation.     9-625. 

Tort  action,  lien  as  extending  to.     191 7D- 

917. 
Trustee  as  client,  right  to  lien  as  affected 

by  fact.     12-778. 

5.    Law  Partnership. 

Death  of  member  of  law  partnership, 
effect  upon  executory  contracts.  1- 
401. 

Power  of  member  of  law  partnership  to 
bind  firm  for  purchases  or  on  nego- 
tiable   paper.     6-129. 

6.    Judicial   Control   Over  Attorneys. 

A.     Admission   to   Bar   and   Practice   of 
Law. 

Admission  to  bar,  legislative  .or  judicial 
power  to  determine  qualifications. 
10-198. 

— residence   as  affecting  right.     17-878. 

— rule  regulating  admission,  validity. 
1917A-552. 

Corporation,  right  to  practice  law.  12- 
674;   19-882. 

Judge   of  court   of  record,   right   to   prac- 
tice as  attorney.     1914B-^46. 
Practicing    law    without    license    as    con- 
tempt of  court.     1917B-1200. 
"What  constitutes  practicing  law.     18-658; 
1918C-131. 

\ 
B.    Disbarment. 

Grounds  and  Defenses. 

Acquittal  of  criminal  charge  as  defense 
to  disbarment  proceeding  for  same 
offense.     10-887. 

Acting  for  party  adverse  to  former  client 
as  ground.     1912B-214. 

Commission  of  act  in  another  jurisdiction 
as   ground   for   disbarment.     17-599. 

Conviction  of  crime  as  condition  prece- 
dent  to    disbarment    therefor.     8-847. 


70      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


ATTORNEYS— Continued. 

Criticism  of  decision  of  court  as  ground 
for    disbarment.     15-205;     1918A-283. 

Divorce  advertising  as  ground  for  dis- 
barment.    1916A-904. 

Fraud  in  procuring  license  to  practice  as 
ground.     20-212. 

Misconduct  in  official  or  fiduciary  capa- 
city other  than  that  of  attorney  as 
ground.     1917B-232. 

Pardon  as  affecting  right  to  disbar  for 
criminal    misconduct.     1917A-1226. 

Res  judicata,  judgment  in  criminal  pro- 
ceeding as  conclusive  in  proceeding 
to  disbar.     21-1190. 

Scandalous  or  disrespectful  language  in 
brief   as    ground.     9-168. 

Solicitation  of  employment  as  ground. 
17-627;    1918E-133. 

Usury,  taking  as  ground  for  disbarment. 
1914C-287. 

Wrongful  retention  of  money  as  ground. 
17-692. 

Froeedwre. 

Appointment  of  attorney  to  prosecute 
proceedings  without  compensation, 
validity  of  statute  authorizing  court. 
1915B-187.  • 

Judge's  membership  in  body  investigat- 
ing or  conducting  proceeding  as  dis- 
qualification for  hearing.  1913A- 
1229. 

Jury  trial,  right  to  in  disbarment  pro- 
ceeding.    1913D-1162. 

Power  of  courts  to  disbar  attorneys.  5- 
990;   15-419. 

Eeview  of  disbarment  proceedings,  right 
of    attorney.     10-544;    1918B-836. 

Witnesses,  right  to  be  confronted  with 
witnesses  against  him  in  disbarment 
proceedings.     6-582, 

Efect. 

Disqualification  for  public  office  as  result- 
ing  from   disbarment.     20—422. 

Reinstatement  of  disbarred  attorney. 
1912A-813. 

Status  in  another  court  as  affected  by 
action  of  disbarring  court.  1917D- 
572. 

Witnesses,  admissibility  of  proof  of 
disbarment  or  suspension  to  discredit 
attorney   as   witness.     1916B-487. 


ATTORNEYS— Continued. 

— disbarment  as  "crime"  for  conviction  of 
which  witness  may  be  impeached. 
1916A-276. 

C.     Compelling  Performance  of  Duty. 

Summary  jurisdiction,  payment  over  of 
money,  power  of  court  to  compel  at- 
torney as  applicable  only  where  re- 
lation of  attorney  and  client  exists. 
18-115;    1916C-1147. 

— performance  of  act  other  than  payment 
of  money,  power  of  court  to  compel 
as  applicable  only  where  relation  of 
attorney  and  client  exists.  1913B- 
236. 

ATTORNEYS  IN  FACT. 

See  Agency. 

ATTORNMENT. 

See  Bailments;  Landlord  and  Tenant. 

ATTRACTIVE  NUISANCE. 

See  Nuisances. 


AUCTIONS. 


Agent's  sale  to  himself  at  public  auction, 
validity.     1912A-1175. 

Combination  between  bidders  at  tax  sale, 
validity.     1913D-962. 

Conditions  of  sale.     1912A-1128. 
— parol    declarations    as    to,    admissibility. 
1912A-1180. 

Delivery  of  property  sold  at  auction  sale. 
1912A-1134. 

Fiduciary  capacity  of  auctioneer  within 
Bankruptcy    Act.     1915A-1297. 

License  tax  or  fee  imposed  on  auctioneer, 
validity.     1915B-815. 

Memorandum  by  auctioneer,  sufficiency  to 
satisfy  statute  of  frauds.  1912D- 
1069;  1915C-1079. 

Price    of    personalty    at    auction    sale    as 
•     evidence   of    value.     1916D-S00. 

Refusal  of  auctioneer  to  knock  down 
property  to  highest  bidder  at  sale, 
right  of  action  for.  16-386;  1918 A- 
850. 

Warranty  of  property  sold,  power  of 
auctioneer  to  make.     1915C-581. 


AUSTRALIAN  BALLOT  LAWS— AUTOMOBILES. 


71 


AUSTRALIAN  BALLOT 
LAWS. 

Constitutionality  of  acts.     4-144. 
Validity  and   effect   of   law  with,   respect 
to   numbering  ballots.     6-970. 

AUTHORITY. 

See  Agency;  Attorneys;  Auctions;  Cor- 
porations; Depositions;  Husband,  and 
Wife;   Referees. 

AUTHORS. 

See  Copyrights;  Literary  Property. 

Spelling,  punctuation,  and  literary  style 
as  elements  in  identifying  author  of 
writing.     20-1336. 

AUTOMATIC  DEVICES. 

Cars,  vehicles,  etc.,  within  statute  re- 
quiring equipment  with  automatic 
couplers.     1913A-949. 

Locomotives,  validity  of  statute  requiring 
equipment  with  automatic  bell-ringer. 
1914r)-1289. 


AUTOMOBILES— Continued. 

Ownership,  license   number  on   vehicle   as 

evidence.     1916D-1163. 
— conclusiveness     of  •  license    registry     on 

issue   of   ownership.     1918E-737. 

Pedestrians,  rights  and  duties  in  high- 
ways with  respect  to  automobiles. 
4-400. 

Eailroad  crossings,  accidents  to  automo- 
biles. 1913B-680;  1915B-767;  1916B- 
166. 

Sales  agency  contracts,  nature  and  con- 
struction. 1917E-568,  581;  1918E- 
466. 

Speed,  opinion  evidence  as  to.  19-754; 
1917D-613. 

Trademarks  and  trade  names,  infringe- 
ment of  name  of  automobile  or  auto- 
mobile accessory  by  use  of  similar 
name.     1915B-328. 

Vehicles  coming  within  terms  "auto- 
mobile" "motor  vehicle,"  etc.     16-608. 

— motor  vehicles  as  included  within  term 
"vehicle,"  "carriage,"  etc.  6-922; 
1913B-755;    1916B-513. 


AUTOMOBILES. 

1.  In  (General. 

2.  Statutory  Regulation. 

3.  Liability  of  Owner  or  Driver. 

4.  Garages  and  G-arage-keepers. 

See  Motorcycles. 
1.    In   General. 

Collision  between  street-car  and  automo- 
bile, application  of  last  clear  chance 
doctrine.     1916E-515. 

Defective  construction,  liability  of  maker 
to  third  persons.  1913B-694;  1916C- 
446;    1917E-584. 

Independent  contractors,  employment  in 
connection  with  automobiles.  1918C- 
654. 

Insurance  of  automobile  against  casualty, 
fire    or    theft.     1915A-627;    1917D-53. 

— "collision,"  meaning  of  term  in  policy. 
1914B-848. 

— election  to  have  injured  car  repaired  as 
substituting  new  contractual  relation. 
1918B-1043. 

— larceny  of  vehicle,  necessity  of  show- 
ing   intent.     1916A-1128. 

— liability  insurance  of  owner.  1915A- 
634;"^1917D-61;    1918D-540. 


2.    Statutory  Regulation. 

Failure  to  comply  with  statutory  regula- 
tions as  to  registration,  license,  dis- 
playing number,  etc.,  as  affecting 
rights  and  liability  of  owner  or 
driver.  18-242;  19i3B-680;  1914A- 
128;    1918B-1147;   1918D-847. 

Jitney  buses,  state  or  municipal  regula- 
tion. 1916A-1233;  1917C-1051;  1918C- 
946. 

License  fee  imposed  on  automobiles  using 
highways  of  state  as  regulation  of 
interstate     commerce.     1912D-239. 

— state  statute  licensing  automobiles  as 
precluding  imposition  of  municipal 
tax  or  license  fee.     1914D-483. 

— statutory  regulation  as  to  licensing 
1915C-712. 

Municipal  regulation  with  respect  to 
equipment,  use  of  streets  or  the  like. 
1916E-1047. 

Name  and  address  of  person  operating  to 
be  given  to  person  injured,  validity 
of  statute  requiring.  1913C-925; 
1915A-165;   1917E-588. 

Negligent  operation  by  any  person, 
validity  of  statute  making  owner 
liable.'  191oA-1170. 


72      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


AUTOMOBIIiES — Continued. 

Nonresidents,  validity  of  inclusion  or  ex- 
clusion in  statute  regulating  use  of 
motor   vehicles.     1917E-324. 

Partial  invalidity  of  statute  relating  to 
use  of  motor  vehicles  on  highways, 
effect.     1916D-58. 

Eegulation  of  automobiles  as  police  or 
revenue  measure.     1915D-133. 

Speed  regulations,  constitutionality  of 
statutes  and  ordinances.  3-495;  7- 
551;  8-437;   11-728;   1916E-1067. 

Statutory     regulation     in     matters     other 

than    speed.     5-793;    12-291;    1915C- 

712.   . 
Taxicabs,     municipal     regulation.     1914I>- 

735. 
T— proprietor   as    common    carrier.     1916D- 

767. 

Territorial  limits,  prohibition  of  use 
within  certain  limits,  validity  of  stat- 
ute   or    ordinance.     15-1169;     20-516. 

3.    Liability  of  Owner  or  Driver. 

Bicycles,  rights  and  duties  of  persons 
driving  automobiles  in  highways  with 
respect  to  persons  on  bicycles.  21- 
656. 

Chauffeur  or  agent,  liability  of  owner  for 

acts    or    negligence.     10-732;    12-972; 

1914C-1087;     1915D-476;     1916A-659; 

1917D-1001,  1008;    1918D-241,  1134. 
— personal   injuries   of   chauffeur,   liability 

of  owner.     1916E-1090. 

Child  of  owner  driving  car,  liability  of 
parent  for  acts.  1914C-1091;  1916A- 
661;   1917D-1002;    1918E-1137. 

Collision  with  motorcycle,  right  of  action 
of  driver  of  latter.     1917A-221. 

Criminal  liability  of  owner  or  driver  for 
injuries  inflicted.  18-239;  1914A- 
684;    1918B-1082;    1918E-1146. 

Dangerous  machine,  automobile  as  in- 
herently   dangerous.     19-1229. 

Driver  other  than  servant  or  child, liabil- 
ity of  owner  for  act.  1916A-668; 
1917E-228. 

Frightening   horses,    care    required    as    to. 

6-658. 
Guests,   liability    of   owner    for    injury    to 

one   riding   as  invited   guest.     1915D- 

345;    1918B-1098;    1918E-1127. 
Highways,    rights    and    duties    of   persons 

driving      automobiles.     13-463;       21- 

€48;    1916E-661. 


AUTOMOBILES— Continued. 

— ^use  of  automobiles  on  streets,  duties 
and  liabilities  of  drivers.  5-793;  6- 
658,  922;  7-551;   8-1092. 

Homicide  resulting  from  negligent  opera- 
tion as   manslaughter.     1918E-1146. 

Killing  dog,  liability  of  owner  or  driver. 
1914B-83. 

Law  of  road  as  to  automobile  and  street- 
car traveling  in  same  direction. 
1913E-1121. 

Leased  or  demonstrating  car,  responsibil- 
ity for  negligence  of  driver.  1916A- 
673. 

Negligence  of  driver  as  imputable  to 
occupant  or  guest.  19-1225;  191 3B- 
684;  1915B-769;  1916E-268;  1918B- 
841;    1918C-961. 

Standing  in  street  unattended,  liability 
for  resulting  injuries  of  one  who 
leaves    automobile    standing.     16-402. 

Street-cars,  duty  of  person  driving  auto 
mobile  in  highway  as  to  persons  on 
street-car.     21-655. 

Unregistered  motor  vehicle,  liability  for 
injury  irrespective  of  negligence. 
1918B-1147. 

4.    Garages  and  Garage-keepers. 

Building  restrictions  against  erections 
less  than  certain  distance  from  front 
line  as  applicable  to  garage.  1914A- 
12. 

Garage-keeper,  liability  for  safety  of 
automobile  intrusted  to  him.  1913E- 
835;  1915D-957. 

Lien  on  automobile  for  repairs  or  storage. 
1916A-630. 

— assignability  of  lien  for  repair,  1916A- 
619. 

Municipal  regulation  of  garages.  191 5C- 
186. 

Trade  fixtures,  right  to  remove  building 
erected  for  use  as  garage.  1915D- 
265. 

AUTOPSY. 

Insured  person's  body,  construction  of 
provision  in  life  or  accident  policy 
giving  insurer  right  to  autopsy. 
1916A-156. 

Physician  performing  as  within  rule  ap- 
plicable to  privileged  communications. 
1913C-689;   1916D-709. 

Rights  of  person  entitled  to  possession 
and  control  of  dead  body.     3-136. 


AUTREFOIS  ACQUIT— BAGGAGE. 


.73 


AUTREFOIS  ACQUIT. 

See  Criminal  Law. 

AVERAaE  CLAUSE. 

Fire  insurance,   validity  and  construction 
of  clause  in  policy.     1913D-1305. 


AWARDS. 

See    Arbitration    and    Award;     Eminent 
Domain;    Workmen's   Compensation. 

Fairs  and  expositions,  appeal  to  courts 
from  decision  as  to  award,  right  of 
exhibitor.     15-191. 

Salvage  award,  review  of.     20-561. 


AVERAGE  WEEKLY 
EARNINGS. 

Meaning  in  workmen's  compensation  or 
similar  act.  1913D-1024;  1914C-186; 
1916B-519;  1916C-892;  1918B-640; 
1918E-1054. 

Tips  as  part  of  earnings  or  wages  under 
Workmen's  Compensation  Act.  1918B- 
1122. 

AVULSION. 

See  Waters  and  Watercourses. 


AWNINGS. 

Building  restrictions  as  applicable  to 
awning.     1914A-6. 

Fall  causing  personal  injury,  liability  of 
person  maintaining  awning.  10-718; 
17-376. 


AX. 

Deadly  weapon,   ax  as.     1912A-1330. 


B 


BACK. 


Injury,  excessiveness  or  inadequacy  of 
verdict.  16-37;  1913A-1375;  1916B- 
395,   454. 


BAD  CHARACTER. 

Impeaching   one's    own    witness    by    proof 
of  bad  character.     1914B-1123. 


BAD  FAITH. 

Broker's  right  to  commission  as  affected 
by  bad  faith  of  principal  who  deals 
through   Mm.     1913E-787. 


BADGES. 

Validity  of  statute  "making  it  offense  to 
wear  badge  by  person  not  member  of 
society.     21-1037. 


BAGGAGE. 

Aisles  of  cars  obstructed  by  baggage, 
negligence  of  carrier  in  allowing. 
12-887;   1913B-814;   1914D-168. 


BAGKJAOE — Continued. 

Articles  used  for  or  by  child,  right  of 
father  to  recover  from  carrier  for 
loss.     7-61. 

Calling  for  after  arrival,  what  is  reason- 
able time  for  passenger  so  as  to  ter- 
minate liability  of  carrier  as  such. 
16-712;    1915B-634. 

Damages  for  breach  of  contract  of  car- 
riage, mental  suffering  as  element. 
1915D-89. 

— ^punitive  damages,  right  to  recover  for 
failure  of  carrier  to  transport  bag- 
gage  to  proper   place.     11-837. 

Delivery  to  carrier,  sufficiency  to  render 
carrier    liable.     14-912;    21-160. 

Drummer's  samples  as  baggage.     6-828. 

"Equipment"  meaning  in  statute  defining 
luggage.     1913B-200. 

Gratuitous  passenger,  liability  of  carrier 
for  baggage.     1912C-629.'' 

Hand-baggage,  liability  of  carrier  for 
loss   or   injury.     1912D-1156. 

Innkeepers,  intrusting  baggage  to  inn- 
keeper or  his  employee  as  establish- 
ing relation  of  innkeeper  and  guest. 
1918A-541. 


74      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


BAGGAGE — Continued. 

Limitation  of  liability  of  carrier  to  cer- 
tain amount,  validity  and  effect  of 
stipulation  on  passenger  ticket.  191 2B- 
285. 

—Interstate  Commerce  Act  as  affecting 
carrier's  limitation  for  injury  or  loss. 
1912B-672;   1915D-612. 

— ocean  steamship  ticket  limiting  liabil- 
ity, validity  and  effect.     9-913. 

Loss  of  property  iiot  ordinarily  regarded 
as  baggage  but  received  as  such  by 
baggage  agent,  liability  of  carrier. 
13-240. 

Property  carried  by  passenger  as  baggage 
but  belonging  to  another,  right  to  re- 
cover   for    loss.     13-329. 

Safe  place  for  delivery  to  passenger, 
duty  of  carrier  to  provide.  1916C- 
1213. 

Sleeping-car  company's  liability  for  bag- 
gage.    14-521;    1912B-974. 

Street  railways,  duty  and  liability  as  to 
passenger's  effects.     9-201. 

Transportation  on  same  train,  right  of 
passenger.     15-391. 

What  constitutes  baggage.  21-729;  1915C- 
1050. 


BAaaAGE-MASTERS. 

Authority     to     remove     trespassers     from 
je-cars.     1-777. 


BAIL  AND  RECOGNI- 
ZANCE. 

Action  on  criminal  bail  bond  as  civil  or 
criminal   proceeding.     10-293. 

— ^judgment  against  principal  as  evidence 
against  surety  on  recognizance  bond. 
9-157;    191oD-407. 

Appeal  in  action  under  criminal  bail 
bond,  right  of  state.     10-294. 

Change  of  venue,  failure  of  accused  to 
appear  in  court  to  which  change  is 
taken,  liability  on  recognizance. 
1912B-1188. 

Clerk  of  court,  power  to  take  bail  in 
criminal  cases.     6-951. 

Custody  of  defendant  out  on  bail,  right 
of  court  during  trial  to  order.  1912I>- 
211. 


BAIL  AND  RECOGNIZANCE— Continued. 

Discharge  of  surety  on  bond,  effect  of 
bankruptcy  discharge  on  liability  of 
surety.     3-65;   15-959. 

— enlistment  of  principal  in  military  or 
naval  service  as  working.     6-616. 

Exoneration  of  sureties  on  criminal  bail 
bond,  sickness  or  death  of  principal 
as.     1915B-434. 

— subsequent  arrest  of  principal  as. 
1912€-746. 

Flight  of  accused  under  bail,  and  for- 
feiture of  recognizance  as  admissible 
in   evidence.     18-901. 

Forfeiture  of  recognizance,  calling  ac- 
cused and  entering  default  upon  rec- 
ord as   conditions   precedent.     8-1020. 

— interest  as  allowable  on  forfeited  bail 
bond.     1916C-114. 

— remission  of  penalty,  time  when  court 
may  remit  on  forfeited  recognizance. 
20-1261. 

Habeas  corpus,  right  of  person  out  on 
baU  to  writ.     5-552;   1912C-951. 

Illegal  arrest  as  waived  by  giving  bail 
bond.     16-462. 

Indemnity   from   principal   to    sureties    on 

bail  bond,  validity   of   contract.     16- 

1036. 
— negligence   of   bail   as   releasing    surety 

on   indemnifying   bond.     1913E-455. 
— promise    to    indemnify    surety    on    bail 

bond,      application      of      statute      of 

frauds.     6-673. 

Money  deposit  in  lieu  of  bail  in  criminal 
cases.     5-153;    1913D-194;    1918D-536. 

Name  of  surety,  necessity  that  it  appear 
in  body  of  bond.     1912A-695. 

Eepeal  of  statute  as  affecting  right  of 
prisoner    to    bail.     1-221. 

Eight  to  bail,  granting  as  matter  of  right 
or  of  discretion.     1-12;  9-619. 

Sunday,  taking  of  bail  or  recognizance 
bond  as  affecting  validity.     1916B-21. 

Sureties  on  bail  bond,  exemption  from 
statute  against  carrying  concealed 
weapons.     1914A-258. 

— less  than  required  number,  validity  and 
effect    of   bail   bond.     9-708. 

— liability  of  sureties,  whether  ends  with 
conviction  or  continues  until  execu- 
tion   of    judgment.     3-930;    13-569. 

"Witnesses,  recognizance  of  witness  for 
his  appearance  in  criminal  case, 
power  of  court  to  require.  1912D- 
338. 


BAILIFFS— BAILMENTS. 


.75 


BAILIFFS. 

Fees  of  bailiff,  personal  liability  of  attor- 
ney.    1937B-521. 


BAILMENTS. 

Adverse  possession  of  property  in  hands 
of  bailee  as  conferring  title.  1917A- 
1163. 

Animals,  duty  of  owner  to  disclose 
vicious  propensities  to  bailee.  18- 
814. 

Baggage  of  gratuitous  passenger,  liability 
of  carrier  as  gratuitous  bailee. 
1912C-630. 

Bathhouse  proprietor,  liability  for  loss 
of  property   of  patron.     8-91. 

Burglary,  liability  of  bailee  for  loss  of 
goods.     4-1085. 

Checked  property,  liability  for  loss  or 
destruction  of  property  checked  for 
safekeeping.     21-97. 

Conditional  sale  as  distinguished  from 
bailment.     12-879. 

Conversion,  necessity  of  demand  to  sup^ 
port  action  of  trover  or  conversion 
where  personalty  is  in  possession  of 
defendant    as   bailee.     1913A-1105. 

— ^unauthorized  use  of  chattel  by  bailee 
as  conversion.  3-470;  12-692;  19i8C- 
948. 

Executions,  levy  upon  interest  of  bailee. 

15-868. 

Food  placed  in  cold  storage,  care  re- 
quired  of  bailor.     1916A-536. 

Gambling  apparatus  in  hands  of  bailee 
as  subject  to  seizure  and  destruction. 
2-938. 

Garage-keeper,  liability  for  safety  of 
automobile  intrusted  to  him.  1913E- 
835;    1915D-957. 

Grain,  deposit  in  warehouse  as  bailment 
or  sale.     10-1074. 

Horses  and  wagons,  bailment  as  constitut- 
ing bailor  independent  contractor. 
19-23. 

Infant  as  bailee,  liability  for  negligence 
and   wilful   tort.     1913A-974. 

Injury  to  or  loss  of  property,  right  of 
bailee  to  recover  for.  14-635;  1912D- 
79. 


BAILMENTS— Continued. 

Innkeeper,  liability  as  to  effects  of  de- 
parted  guest.     2-346. 

Insurance  of  goods  by  bailee  or  ware- 
houseman.    1913A-143. 

Interpleader,  bailee's  right  to.     1-513. 

Lien  for  private  storage  of  goods;  right 
in  absence  of  agreement  for  lien  or 
of  statute  authorizing  it.  1913D- 
1300. 

Livery-stable  keeper  letting  vehicles  or 
horses  for  hire,  liability.     2-345. 

— ^lien,  priority  as  between  liens  of 
livery-stable  keeper  and  chattel  mort- 
gagee.    1914B-316. 

Loss  of  goods,  presumption  as  to  negli- 
gence of  bailee.     1-23;  21-842. 

— rule  that  burden  is  on  bailee  to  ex- 
plain as  applicable  when  bailee  does 
not  have  exclusive  possession.  1913D- 
947. 

Negligence  of  bailee  as  imputable  to 
bailor  in  action  by  latter  against 
stranger  for  injury  to  property.  18- 
537. 

Negotiable  paper,  fraudulent  transfer  by 
bailee  to  bona  fide  purchaser,  rights 
of  holder.     5-583. 

Partial  injury  to  personal  property,  meas- 
ure of  damages  recoverable  from 
bailee.     1915D-799. 

Safe  deposit  box,  mutual  rights  and  lia- 
bilities  of  parties.     1912B-441. 

— property  deposited  therein  as  subject  to 
garnishment.     1914A-968. 

Special  contract  to  return  bailment  in 
good  condition  or  pay  value,  liability 
of  bailee    under.     15-162. 

Teams,  tools,  appliances,  etc.,  bailed  to 
contractor  for  use  in  erecting  build- 
ing or  other  work,  right  of  renter  to 
mechanic's  lien.     15-383. 

Theft  by  servant  of  bailee,  liability.  1- 
96. 

Title  of  bailor,  right  of  bailee  to  deny. 
19-521;   1918E-1201. 

Warehouseman,    liability    where  delivers 

goods      to      original     bailor  without 

notice  of  transfer  of  receipt.  1914D- 
1305. 

— ^loBS  of  goods  by  fire,  liability.  1914A- 
1123. 


76      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


BAKERS. 

Bakers  as  engaged  in  trade.     1916A-1199. 
Bread    manufacture    or    sale,    validity    of 

statute   or  ordinance   regulating.     17- 

617. 


BAKINa-POWDER. 

Baking-powder   as   "food."     1913E-1292. 

BALANCE  DUE. 

Legal  meaning  of   term.     1918E-785. 

BALLOTS. 

See  Elections. 

BALL-PLAYERS. 

See  Baseball. 
Contract  for  services.     1914B-2. 

BANANA  PEEL. 

Municipal  liability  for  injuries  caused  by 
banana  peel  or  the  like  on  sidewalk. 
1918E-178. 

Passenger  injured  by  slipping  on  banana 
peel,  liability  of  carrier.  21-1144; 
1916E-1087. 

BANKA.BLE. 

Meaning   of    term.     1913C-1255. 

BANK  EXAMINERS. 

Appointment,  status,  powers  and  liabil- 
ities.    1916E-219. 

BANKING. 

Meaning  of  term.     18-829. 

BANK  NOTES. 

Larceny,  indictment,  necessity  of  alleging 
value.     2-858. 

Money,  bank  note  ea  money.     4-630. 

Payment  by  bank  note  as  proper  medium 
at   judicial   sale.     1915C-999. 


BANKRUPTCY. 

1.  In  General. 

2.  Persons  Subject  to  Bankruptcy. 

3.  Jurisdiction   and   Procedure. 

4.  Effect  of  Adjudication. 

5.  Assets  of  Bankrupt. 

6.  Claims  Against  Estate. 

7.  RigMs  and  Liabilities  of  Trustee. 

8.  Preferences    and    Voidable    Transfers. 

9.  Discharge  in  Bankruptcy. 

10.  Revival  of  Discbarged  Debt. 

11.  Offenses  by  Bankrupt. 

1.    In  General. 

Barred  debt,  inclusion  in  schedule  of  lia- 
bilities as  revival.     4-939. 

—part  payment  by  bankruptcy  trustee  of 
joint  maker  of  note  as  removing  bar 
as  to  other  makers.     11-59. 

Insolvency,  when  person  deemed  insolvent 
within  bankruptcy  law.     11 — 449. 

National  Bankruptcy  Act  as  aflfecting 
state  Insolvency  Act  with  respect  to 
who  may  be  adjudged  bankrupt. 
1913E-957. 

Malicious  prosecution,  institution  of  bank- 
ruptcy proceeding  as  ground  for 
action.     1916D-909.. 

State  insolvency  statute  inoperative  be- 
cause of  conflict  with  federal  law, 
necessity  for  re-enactment  after 
change  in  federal  law.     19-608. 

Statutes  relating  to  bankruptcy,  effect  of 
partial    invalidity.     1916D-37. 

Witnesses,  constitutional  privilege,  as 
abridged  by  Bankruptcy  Act.  2-177; 
5-42;   17-130. 

2.    Persons  Subject  to  Bankruptcy. 

Corporations  subject  to  involuntary  bank- 
ruptcy under  bankruptcy  law.  11- 
359. 

'. — "persons"  in  statute  as  including  cor- 
porations.    1914A-1310. 

Farmer,  who  is  person  "engaged  chiefly 
in  farming"  within  bankruptcy  law. 
16-511;  1915C-101. 

"Residence"  as  synonymous  with  "domi- 
cile" in  Bankruptcy  Act.     1915C-788. 

Wage-earner  within  meaning  of  act,  who 
is.     20-979. 

3.    Jurisdiction  and  Procedure. 

Ancillary  jurisdiction  of  bankruptcy 
courts.     17-973. 


BANKRUPTCY. 


77 


BANKRUPTCY— Continued. 

Appellate  jurisdiction  of  federal  supremo 
court.     16-1016. 

Computation  of  time,  fractions  of  day 
computable  for  purpose  of  determin- 
ing rights  in  bankruptcy  proceedings. 
2-136. 

Evidence,  improbable  testimony  by  bank- 
rupt.    1917B-1096. 

Examination  of  bankrupt,  time  for.  19^ 
1039. 

Jury  trial,  right  in  action  by  trustee  to 
recover  property  fraudulently  trans- 
ferred  by   bankrupt.     19126-126. 

Petition,  delivery  of  document  to  officer 
when  not  at  office  as  "filing"  thereof. 
18-251. 

Schedule  of  debts  required  by  law,  suffi- 
ciency.    10-742. 

4.    Effect  of  Adjudication.  ' 

Bankrupt  under  arrest  on  civil  process, 
effect  of  bankruptcy  proceeding. 
1913E-570. 

Dower  rights  of  bankrupt's  wife,  effect 
on.     19-1087. 

Fire  insurance,  insolvency  of  company  as 
canceling    policy.     1915A-1236. 

— insured's  bankruptcy,  effect  on  rights 
under   policy.     14-889;    1914D-931. 

Foreign  property,  effect  of  bankruptcy  of 
owner  on  title  to  property  in  foreign 
country.     21-1040. 

Garnishment,  bankruptcy  of  principal 
debtor  in  garnishment  proceedings  as 
affecting   rights   acquired.     18-382. 

Homestead  conveyance  by  bankrupt, 
effect  in  bankruptcy  proceeding. 
1917C-1004,    1012. 

— entryman  under  homestead  law,  effect 
of  bankruptcy  on  debts  contracted 
prior   to   patent.     1912D-285. 

Landlord's  lien  as  divested  by  bank- 
ruptcy  of   tenant.     15-386. 

Limitation  of  actions,  effect  of  bank- 
ruptcy on  limitation  of  time  to  bring 
suit.     4-149;   1912r)-1022. 

Mechanic's  lien,  right  as  affected  by 
bankruptcy  of  owner  of  property. 
1917C-292. 

Mortgage  liens  as  affected  by  bankruptcy 
proceedings.     1913E-850. 

Payment  by  debtor  to  bankrupt  creditor 
after  institution  of  bankruptcy  i^o- 
ceedings,    validity.     1914A-242. 


BANBIEUPTCY— Continued. 

Salary  or  pension  of  public  officer  or  em- 
ployee as  affected  by  bankruptcy. 
1916D-629. 

Separation  agreement,  obligation  arising 
under,  as  affected  by  bankruptcy  of 
obligor.     1912B-668. 

Spendthrift  trust  as  affected  by  bank- 
ruptcy of  beneficiary.     1918D-91. 

Stock  brokerage  contract  as  affected  by 
bankruptcy    of    customer.     1915B-924. 

5.    Asseta  of  Bankrupt. 

Life  insurance  policy  as  passing  to  trus- 
tee in  bankruptcy.  20-1185;  1915B- 
1289. 

Membership  or  seat  in  stock  or  produce 
exchange    as  assets.     10-243. 

Partnership,  individual  property  of  non- 
bankrupt  partner  as  assets.  13-996; 
1916A-744. 

Title  of  bankrupt  to  property,  time  in 
proceedings    when   divested.     9-544. 

Tort  in  favor  of  bankrupt,  right  of  ac- 
tion as  passing  to  his  trustee  in 
bankruptcy.     12-940. 

6.    Claims  Against  Estate. 

Proving  claim  as  precluding  claimant 
from  afterward  suing  thereon  as 
grounded   in   fraud.     1912B-820. 

Rent  claim  as  provable  in  bankruptcy. 
1916A-944,    948. 

Setoff  under  American  acts.  1916C-975, 
988,   990. 

Surety  of  bankrupt  as  creditor  within 
Bankruptcy    Act.     1912B-626. 

Unliquidated  claim  for  tort  as  provable 
in   bankruptcy.     9-448. 

Wages   as   preferred   claim.     1916B-343. 

7.    Saghts  and  Liabilities  of  Trustee. 

Assignee  in  bankruptcy  as  purchaser 
pendente  lite.     1918C-67. 

Attachment  of  funds  held  by  trustee. 
13-810. 

Conditional  sale  contract,  validity  as 
against  vendee's  trustee  in  bank- 
ruptcy.    1916A-1262,   1270. 

Fraudulent  conveyance,  right  of  trustee 
to  sue  to  set  aside  before  reduction 
of  creditor's  claims  to  judgment.  5- 
804. 


78      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


BANKRUPTCY — Continued. 

Garnishment  of  funds  held  by  trustee. 
13-810. 

Necessary  expenses  of  trustee,  what  con- 
stitute.    1918D-922. 

Partition  of  insolvent's  property,  right  of 
trustee  or  assignee  to  sue  for.  16- 
560. 

Eent  of  leasehold  held  Iby  bankrupt,  lia- 
bility as  constructive  assignee  there- 
of.    1916E-816. 

Taxes  owing  by  bankrupt,  duty  of  trustee 
to  pay.    3-238. 


8.    Preferences    and   Voidable   Transfers. 

Attorney's  fees  as  valid  preference.  3- 
280. 

Composition  with  creditors,  validity  of 
note  or  other  security  given  as  secret 
preference.     16-1072. 

Traudulent  transfer  by  bankrupt,  right 
of  creditor  to  set  aside.     11-932. 

New  credit  after  preference,  right  of  pre- 
ferred creditor  to  setoff.     1916C-981. 

Partnership  property  applied  to  payment 
of  debt  of  individual  partner  as 
voidable  transfer.     15-65. 

Period  within  which  transfer  is  invalid, 
computation  from  record  or  entry 
thereof,  construction  of  provision  of 
Bankruptcy    Act.     1914D-706. 

"Eeasonable  cause  to  believe"  preference 
was  intended,  construction  of  clause 
in  act  avoiding  preference  in  such 
case.     16-826. 

"Eequire,"  legal  meaning  of  word  in  stat- 
ute relating  to  conveyance  by  bank- 
rupt.    1912A-1239. 

Setoff  by  bank  of  deposit  against  debt 
due  bank  by  depositor  as  voidable 
transfer  under  law.  15-307;  1916C- 
990. 

Surety  of  bankrupt  as  discharged  by 
principal's  payment  contrary  to  bank- 
rupt law.     13-922. 

9.    Discharge  in  Bankruptcy. 

Alimony   and   support    of   children,    effect 
•      of  discharge  in  bankruptcy  on  claims. 
2-268. 
'  Collateral  attack  in  state  court,  discharge 

as   subject  to.     18-601. 
Conversion,   liability   therefor   as   affected 
by  discharge  in  bankruptcy.     20-310. 


BANKEUPTCT— Continued. 

Corporation,  discharge  in  bankruptcy  as 
releasing  director's  or  stockholder's 
liability.     1913A-723. 

Evidence,  mode  of  proof  in  state  court 
of  discharge  in  bankruptcy.  1914A- 
1104. 

•Fiduciary  capacity,"  meaning  of  phrase 
as  used  in  section  17  of  Bankruptcy 
Act.     1915A-1295. 

Fraud  or  obtaining  property  by  false 
pretenses  or  representations,  effect  of 
discharge  on   liability.     20-308. 

iVaudulent  transfer  of  property  by  bank- 
rupt, right  of  trustee  to  recover 
property  as  affected  by  his  discharge. 
1912B-250. 

Judgments,  alienation  of  affections,  judg- 
ment as  affected  by  discharge  in 
bankruptcy.     3-169. 

■ — wilful  and  malicious  injuries  to  person 
or  property,  effect  of  discharge  upon 
judgment  therefor.  3-169;  5-771; 
12-1011;    1917A-212. 

Misappropriation  of  corporate  funds, 
effect  of  discharge  in  bankruptcy  on 
indebtedness  of  oflScer  therefor. 
1912D-218. 

Omitted    claims,    effect    of    discharge    in 

bankruptcy  upon   claim   omitted  from 

schedule.     1912A-547. 
•■ — knowledge    by    creditor    of    omission    as 

affecting    rights    of    parties.     1912A- 

549. 

Partnership,  discharge  of  individual  part- 
ner, as  affecting  his  liability  for 
partnership  debts.     3-800. 

Eefusal  of  discharge,  false  statement  to 
mercantile  agency  as  ground.  1916D- 
760. 

Ees  judicata,  refusal  as  res  judicata  in 
subsequent  bankruptcy  proceedings. 
1913C-1184. 

Surety  on  bond  of  bankrupt  as  dis- 
charged by  latter's  discharge  in 
bankruptcy.     3-65;      15-953;      1912B- 

781. 

• — official  bond,  discharge  of  principal  as 
discharge  of  surety.     4-66. 

iWages  to  be  earned  in  future,  assignment 
of  wages  as  affected  by  discharge  in 
bankruptcy.     13-366. 

10.    Revival  of  Discharged  Debt. 
Part    payment    as    new    promise    sufficient 
to    revive.     19-147. 


BANKS. 


79 


BANKRUPTCY— Continued. 

Unconditional  promise  sufficient  to  revive 
debt  discharged  in  bankruptcy  or  in- 
solvency.    9-646;    1913C-742. 

When  promise  by  bankrupt  to  pay  debt 
must  be  made  in  order  to  revive 
debt.     7-972J   1914D-667. 

11.    Offenses  by  Bankrupt. 

Concealment  of  '  assets  by  bankrupt 
"knowingly."     1912A-437. 

Conspiracy  to  conceal  assets,  sufficiency 
of  allegations  in  indictment  as  to 
object  of  and  means  of  accomplish- 
ing.    21-45. 

Contempt  by  bankrupt  in  failing  to  turn 
over  property.     20-889. 

Corporations,  criminal  liability  for  viola- 
tion of  bankruptcy  law.  1916C-464, 
470. 

Witnesses,  concealment  of  property  by 
bankrupt  as  crime  for  conviction  of 
which  witness  may  be  impeached. 
1916A-276. 

BANKS. 

1.  status  and  Regulation. 

2.  Officers  and  Agents. 

3.  Conduct  of  Business. 

A.  Generally. 

B.  Collections. 

C.  Deposits. 

4.  Insolvency. 

5.  Savings  Banks. 

6.  National   Banks. 

1.    Status  and  Regulation. 

Acts  constituting  doing  "banking  busi- 
ness."    18-829. 

Bank    examiners.     1913E-219. 

Banking  as   "trade."     1916A-1199. 

Bank   notes   as   money.     4-630. 

- — medium  of  payment  by  purchaser  at 
execution  or  other  judicial  sale,  Lank 
note    as    proper    medium.     19150-999. 

Clearing-houses,  law  of.  1914C-512 ;  1917A- 
350. 

Depositaries  of  public  funds,  rights, 
duties    and   liabilities.     1916B-1239. 

Federal  Reserve  Act,  validity.  1917C- 
1099;   1918D-1175. 

Guaranty  fund,  validity  of  statute  levy- 
ing assessment  on  banks  therefor. 
1912A-490. 


BANKS — Continued. 

Income  taxes  as  aflfeeting  banks.  1913C- 
1008. 

Independent  contractor,  collection  of  com- 
mercial paper  as  constituting  bank 
independent  contractor.     19-23. 

Lien  on  stock  in  favor  of  banking  cor- 
poration, validity  of  statute  or  by- 
law providing.     3-188. 

Moneyed  corporation,  what  is.     20-136. 

Number  of  banking  corporations  in  par- 
ticular locality,  right  of  state  to  con- 
trol.    1913A-261. 

Private  banking,  state  regulation.  10- 
903;    1914A-171. 

Quasi-public  corporation,  bank  as.  18- 
1065. 

Eailroad  company's  power  to  engage  in 
banking  and  loaning  business.  4- 
911. 

Statutes  relating  to  banks,  effect  of  par- 
tial  invalidity.     1916D-37. 

Taxation,  exemption  of  capital  stock  as 
covering  what  property.     4-37. 

— national  bank  deposits,  taxation  by 
state.     1912D-37. 


2.    Officers  and  Agents. 

False  report  or  statement  as  to  bank's 
condition,  civil  liability  of  bank  di- 
rector for  making.     4-246. 

Imputability  to  bank  of  knowledge  of 
cashier  where  latter  is  engaged  in  in- 
dependent acts  in  his  own  interest. 
€-681;   1912C-295. 

Indictment  for  violation  of  banking  law, 
construction  of  statute  prescribing 
form.     1918C-558. 

Lease  of  bank  property,  cashier's  power 
to  make.     1912A-99. 

Mortgage  of  bank  property,  cashier's 
power  to  make.     1912A-95. 

Personal  liability  to  depositors  and  stock- 
holders for  mismanagement  by  offi- 
cers.    1915B-529. 

Process,  officer  of  bank  doing  business 
for  foreign  corporation  as  agent 
within  statute  providing  for  service 
of  process  on  agent  of  foreign  cor- 
porations.    19-206. 

Release  of  person  liable  on  bill  or  note, 
power   of   cashier.     6-52. 


80      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


BANKS — Continued. 

3.    Conduct  of  Business. 

A.    Geneeally. 

Acquisition  of  own  corporate  stock,  right 
of  banking  corporation.  17-1265; 
1914B-1020. 

Advances  to  shipper  on  security  of  bill 
of  lading  with  draft  attached,  title 
and  right  of  bank  to  goods.     14—1053. 

Discount  before  maturity  and  without 
notice  of  promissory  note  void  for 
usury  as  affecting  its  validity  in 
hands  of  bank.     12-1149. 

— draft  with  bill  of  lading  attached,  lia- 
bility of  bank  which  discounts  draft 
for  breach  of  contract  of  sale  where 
vendee    pays   draft.     1913B-45. 

False  pretenses  as  arising  from  fraud  on 
bank.     1917B-1235. 

— statement  by  bank  officer  to  obtain  de- 
posit as  constituting  crime  of  ob- 
taining money  under  false  pretenses 
19160-1162. 

Forged  pension  check  cashed  by  bank, 
right  of  United  States  to  recover 
money  paid  to  bank.     16-1189. 

Guaranty  contract,  liability  of  bank. 
1916D-554,   565,  570. 

Pledge  of  assets  to  secure  deposit,  power 
of  bank  to  make.     1915C-171. 

Privileged  communications,  information 
acquired  by  banker  as  privileged 
from    disclosure.     1916C-703. 

Safe  deposit  box,  mutual  rights  and  lia- 
bilities of  owner  and  lessee.  1912B- 
441;    1918C-910. 

Usury,  discount  of  accommodation  paper 
in  excess  of  legal  rate  without  notice 
of  nature  thereof  as  usury.  1912D- 
887. 

B.    Collections. 

Checks   indorsed  in   blank  and  forwarded 

for  collection,  title  to.     2-117;   5-S18. 
Collection  by  bank  by  check  on  itself  as 

payment.     1915C-664. 
Liability     of     bank      sending     paper      to 

drawee    bank    for    collection.     8-372; 

1912B-123. 

Note  made  payable  at  bank,  what  consti- 
tutes  payment.     1917A-508. 

— ^payment  to  bank  as  discharging  maker. 
5-298. 

Paper  received  for  collection  sent  by 
bank  direct  to  payor  or  drawer,  lia- 
bility  of  bank,     5-658. 


BANKS— Continued. 

Protest  and  notice,  duty  of  bank  receiv- 
ing paper  for  collection  in  absence 
of    express    instruction.     1918A-892. 

C.    Deposits. 

Assignment  of  deposit,  ordinary  bank 
check  as  assignment  of  funds  of 
drawer.     5-189;    1913D-418. 

Certificate  of  deposit  issued  by  another 
bank  which  is  placed  to  depositor's 
credit,  rights  of   parties.     1913D-425. 

Crediting  note  to  depositor's  account  as 
constituting  bank  holder  in  due 
course.     11-206. 

Creditor's  bill  to  reach  deposit  in  bank. 
1914B-946. 

Dishonor  of  check,  damages  recoverable 
by  depositor  for  wrongful  dishonor. 
7-819;  10-899;  1913A-1001. 

— financial  credit  of  depositor  as  admis- 
sible in  action  for  damages.     10-988. 

Escheat    of    bank    deposits.     1914B-157. 

Failure  of  bank  to  apply  general  deposit 
on  depositor's  note  as  discharging 
surety  or  indorser.     7-1007. 

Forgery,  liability  of  bank  to  true  holder 
or  payee  of  check  paid  on  forged  in- 
dorsement.    1917D-1058. 

— right  of  bank  paying  money  on  forged 
signature  to  recover.     1912D-494. 

Garnishment,  money  deposited  in  name  of 
debtor  but  belonging  to  third  person 
as  reachable  in  garnishment  proceed- 
ings.    1917C-1145. 

Gift  inter  vivos,  complete  execution  as 
arising  from  deposit  in  bank  to 
credit  of  another.     3-865;   1917E-367. 

Husband  and  wife,  right  of  putative 
wife  to  joint  bank  deposit.  1913A- 
243. 

Interpleader,  conflicting  claims  to  deposit 
as  subject  to.     1-513. 

Joint  deposit,  rights  of  parties.  1916D— 
519,  529,  533. 

— putative  wife's  right  to  joint  bank  de- 
posit.    1913A-243. 

Lien  or  setoff  of  bank  against  deposit  for 
debt  due  it  by  depositor.  2-206;  19- 
487. 

— depositor's  debt  not  yet  due.  1915A- 
688;  1917C-1205. 

Limitation  against  action  to  recover  de- 
posit, running  of  statute.     4-1146. 


BANKS. 


81 


BANKS— Continued. 

Mistake,  right  of  bank  to  recover  money 
paid   by   mistake.     1-632;    1912I>-494. 

Notice,  m^orandum  on  cheek  as  notice 
to   bank.     1913B-1342. 

Oral  orders,  payment  or  transfer  by  bank 
upon   oral   order.     6-632. 

Pass-book  and  vouchers,  duty  of  deposi- 
tor   to    examine.     17-122;    1914D-46o. 

— ^lien  of  attorney  on  bank  or  check  book 
in  his  possession  connected  with  liti- 
gation.    1917D-149. 

Public  funds,  deposit  as  preferred  claim 
against  insolvent  bank.  8-116;  1916B- 
1264. 

Eaised  check,  liability  to  depositor  for 
paying.     5-774. 

Setoff  by  bank  of  deposit  against  debt 
due  bank  by  depositor  as  voidable 
transfer  under  bankruptcy  law.  15- 
307;  1916C-990. 

Special     deposit     as  distinguished     from 

general  deposit,  what  is.  1913E-45; 
1918B-390. 

— liability    of    bknk  for    distribution    of 

special   deposit.  1914B-677. 

Third  person  claiming  adversely  to  deposi- 
tor, right  of  bank  to  pay  money  on 
deposit.     1912C-125. 

Trust  funds,  personal  liability  of  trustee 
for  loss  of  funds  deposited  in  bank. 
1915C-50. 

— ^withdrawal,  liability  of  bank  for  know- 
ingly permitting  improper  with- 
drawal.    12-669;   1914B-677. 

Trusts,  deposit  of  money  in  bank  as 
creating  trust  in  favor  of  another. 
12-167. 

Wrong  payment,  bank's  liability  notwith- 
standing  by-law.     1-100;    14-481. 

4.    Insolvency. 

Criminal  liability  of  officer  for  receiving 
deposit  consisting  of  check  on  same 
bank.     1916E-592. 

— intent  as  element  of  crime.  1917B- 
1081. 

— liability  as  dependent  on  oflBcer's  re- 
ceiving deposit  in  person.  1912B- 
316. 

— validity  of  statute  making  it  crime  to 
receive  deposit  in  insolvent  bank. 
20-1323. 

Preferred   claim,   deposit   of  public   funds 
as.     8-116;    1916B-1264. 
Index  to  Notes — 6 


BANKS— Continued. 

— trust  fund  deposit  as  preferred  claim. 
1913D-391. 

Setoff  of  deposit  against  debt  to  insolvent 
bank,  right  of  depositor.  1917C- 
1187,  1203. 

When   bank   is  insolvent.     1916C-85. 

5.    Savings  Banks. 
Mismanagement    of    savings    bank,    liabil- 
ity   of   officers    or   trustees    to    deposi- 
tors,    1913B-424. 

Pass-book,  duty  of  depositor  to  examine 
pass-book  and  vouchers.  17-122; 
1914D-465. 

— estoppel  of  bank  ^o  impeach  account 
stated  in  pass-book.     18-331. 

Receivership  of  savings  banks,  setoff 
against  receiver.     1916D-600. 

Eecovery  of  deposit,  without  production 
of  pass-book,  right  of  depositor. 
1914D-23. 

Trusts,  deposit  in  trust  or  to  credit  of 
another  as  savings  bank  trust.  1- 
904;    14-924;    1913E-516. 

What   constitutes  savings  bank.     21-1207. 

Wrong  payment,  liability  of  savings  bank 
notwithstanding  by-law.  1-100;  2- 
259;    14-481. 

6.    National  Banks. 

Acquisition  of  shares  of  own  stock,  right 
of  national  bank.     17-1268. 

Assessment  of  shares  owned  by  married 
woman.     5-743. 

Attachment  against  national  bank.  3- 
1155. 

False  entries  in  books  or  reports,  crimi- 
nal liability  of  officer  making.  20- 
947. 

Federal  reserve  act,  validity  and  effect. 
1917C-1099;    1918D-1175. 

Guaranty  contracts,  liability  of  national 
bank.     1916D-557. 

Insolvency  of  national  bank  as  affecting 
right   to   prefer   creditors.     15-1225. 

Inspection  of  books  of  national  bank, 
right  of  stockholder,  1-130;  4-437; 
1915C-364. 

Lien    on    stock,    right    of    national    bank. 

7-287. 

Loans,  personal  liability  of  director  mak- 
ing excessive  loan.     1912B-650. 


82      INDEX  TO  THE  NOTES,  J.  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


BANKS — Continued. 

Misapplication  of  funds  by  officer,  crimi- 
nal liability.     21-887. 

Eeceivers,  jurisdiction  of  state  court  to 
appoint  for  national  bank.     21-422. 

— title  of  receiver  to  assets  of  national 
bank.     1-296. 

State  taxation  of  deposits,  in  national 
bank.     1912I>-37. 

Usury,  action  against  bank  for  penalty 
for  taking  usurious  interest,  suffi- 
ciency of  petition  or  complaint. 
191SC-689. 

— ^jurisdiction  of  action.     1916D-1246. 

— punishment  under  state  law  as  consti- 
tutional.    5-387. 


BAR  ASSOCIATIONS. 

Membership  of  judge  in  body  instigating 
disbarment  proceedings  as  disqualifying 
him  from  sitting  in  case.  1913A- 
1229. 


BARBED-WIRE  FENCE. 

Liability  of  owner  for  injuries  caused  by. 
1913D-781;    1915B-856. 


BABNS — Continued. 

Burning    as    criminal    offense.     1916B-143 

"Occupied"  or  "unoccupied,"  meaning  of 
term  under  fire  insurance  |kolicy  con- 
ditions.    1912D-89. 

"Outhouse"  or  "out-building"  as  including 
barn.     1912D-1194. 


BARRATRY. 

Loss  of  vessel  due  to  barratry  as  peril  of 
the  sea.     1912D-1040. 


BARRIERS. 

Right  of  city  temporarily  to  obstruct 
street  by  erecting  barrier.  1914A- 
U97. 


BARROOMS. 

See  Saloons. 

BARTER  AND  EXCHANGE. 

Agent's    authority    under    power    to    sell. 

10-421. 
Contracts    as    within     "sales     of     goods" 

clause  of  statute   of   frauds.     14^308. 


BARBERS. 

Barber    as    engaged    in    "trade."     1916A- 
1199. 

Civil    rights    statutes,    applicability.     15- 
265. 

Duty  end  liability  to  patrons.     15-449. 

Statutory  regulation.     15-260;   1913D-39Q. 

Sundays,    prohibition    against    "labor"    or 

"labor    or    work"     as    applicable    to 

■barbering.     1913D-799. 
— validity    of    Sunday   closing   laws    with 

respect      to      barbers.     1-93;      6-980; 

1915C-200. 


BARKING  DOG. 

Barking  of  dog  as  nuisance.    10-67. 


BASEBALL. 

Ballplayer's  contract  for  services.  1914B- 
2;   1917C-392. 

Nuisance,    baseball    playing    as.     18-1094. 
— noise  arising  from  playiug  as  nuisance. 
1912B-430. 

Sunday  playing  as  within  prohibition  of 
Sunday   laws.     16-403;    21-681. 

— validity  of  Sunday  law  with  respect  to 
baseball.     1-93. 

BASEMENTS. 

Building    restrictions     affecting    location. 

1914A-6. 
Burglary,    sufficiency   of   indictment    with 

respect    to    description    of    basement. 

1913I>-876. 
Conduct  of  business  in  basement,  validity 

of  statute   regulating.     1914A-1132. 


BARNS. 

Burglary,  sufficiency  of  indictment  with 
respect  to  description  of  barn. 
1913D-873. 


BASTARDY. 

See  Illegitimacy. 

Adoption  of  illegitimate  child,   consent  of 
parents    as    prerequisite.     1914A-224. 


BATHING— BELIEF. 


83 


BASTARDY— Continued. 

Bankruptcy  discliarge  as  affecting  judg- 
ment in  bastardy  proceedings.  3- 
170;    12-1011. 

— proceedings  as  affecting  maintenance  of 
child.     2-269. 

Civil  or  criminal  nature  of  proceeding. 
11-316. 

Cruel  and  unusual  punishment,  what  is. 
1^-729. 

Custody  of  child,  right  to.     17-474. 

— 'Welfare  of  child  as  primary  considera- 
tion in  determining  right  to  custody 
on  habeas   corpus.     1914A-750. 

Discontinuance  of  bastardy  proceedings 
as  consideration  for   contract.     2-493. 

Exhibition  of  child  to  ju^J  oil  issue  of 
paternity.     6-560;   19-536. 

Imputing  of  bastardy  to  man  as  action- 
able   slander.     1917A-1045. 

Inheritance  throug'h  bastard,  right  of 
legitimate  descendants  of  bastard  to 
inherit  through   him.     1913C-1338. 

— succession  between  illegitimate  brothers 
and  sisters.     16-987. 

Judgment  or  settlement  in  bastardy  pro- 
ceedings as  barring  right  of  action 
for  damages  for  seduction.  1918D- 
669. 

Married  woman,  right  to  maintain  pro- 
ceedings.    19-389;    1913C-1050. 

— evidence  of  nonaccess  of  husband,  ad- 
missibilitv  of  wife's  testimony.  6- 
816;  7-999;  15-764;  1917A-1031. 

Nonresident    mother,    right    to    maintain 

proceedings.     18-574. 
Pardon  of  person  found  guilty,  power  of 

executive.     16-322. 
Parent    of    bastard,    father    or   mother    of 

illegitimate  child  or  one  bom  of  void 

marriage  as  "parent"  thereof.     1913A- 

1246. 

BATHING. 

Duty  of  proprietor  of  bathing  resort ,  to 
patrons.  8-982;  1913D-1217;  1917B- 
333. 

Loss  of  property  of  patron  of  bathing  re- 
sort,  liability    of    proprietor.     8-91. 

Prohibition  against  bathing  in  pond, 
stream  or  the  like,  validity  of  stat- 
ute  or   ordinance.     1913B-223. 

Sunday  laws,  opening  bathing  resort  on 
Sunday.     1-93. 


BATTERY. 

See  Assault. 

BAWDY-HOUSES. 

See  Disorderly  Houses. 

BAY-WINDOWS. 

Eestriction  against  erection  of  building 
less  than  certain  distance  from  front 
line  of  premises  as  applicable  to  bay- 
window.     1914A-8. 

BECOME  DUE. 

Legal  meaning  of  term.     1918E-786. 

BEDDING. 

Eegulation  of  sale  of  second-hand  goods, 
validity.     1-747. 

State  or  municipal  regulation  of  use  or 
sale  of  second-hand  bedding.  1917C- 
1068. 

BED  OF  STREAM. 

See  Waters  and  Watercourses. 

BEER. 

Intoxicating      nature,      judicial       notice. 

1914C-874. 

"Near  beer,"  meaning  of  term.  1913I>- 
124. 

BEES. 

Law  of  bees.     1917B-983. 

— injuries   by   bees.     1917B-988. 

— larceny  of  bees.     1917B-987. 

— nuisance,  keeping  as.     1917B-991. 

—property    in    bees.     1917B-983. 

—tithes  of  bees.     1917B-991. 

BEING  CONSTRUCTED  OR 
REPAIRED. 

Meaning  of  phrase.     18-624. 

BELIEF. 

Bankruptcy,  belief  of  creditor  as  to 
preference  by  insolvent  debtor,  con- 
struction of  clause  in  Bankruptcy  Act 
relating  to.     16-826. 


84      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


BELIEF — Continued. 

"Believe"  or  "believed,"  term  "deem"  or 
"deemed"  as  synonymous.     16-482. 

Bigamy,  belief  in  death  of  former  spouse 
as    defense.     8-1104;    21-401. 

— belief  in  invalid  divorce  as  valid  as 
constituting  defense,     10—415;  14-640. 

Breach,  of  promise  of  marriage,  belief  of 
family  or  friends  in  existence  of 
agreement  to  marry  as  evidence  in 
action.     1916C-564. 

Disbelief  of  testimony  as  constituting 
aflBrmative  evidence  to  contrary.  21- 
1123. 

False  imprisonment  procured  in  exercise 
of  honest  belief  as  provable  in  miti- 
gation  of   damages.     1914A-1019. 

Intoxicating  liquors,  belief  that  person 
occupies  relation  of  "traveler"  or 
"guest"  as  affecting  legality  of  liquor 
sale  under  permissive  statute.  17- 
818. 

Larceny,  mistaken  belief  as  to  owner- 
ship of  stolen  goods,  burden  of  proof 
in  prosecution.     2-192. 

Malicious  prosecution,  belief  of  defend- 
ant as  to  truth  of  charge  made 
against  plaintiff  as  question  of  law 
or   fact.     1912C-1043. 

Master's  belief  that  servant  was  not  at 
fault  as  affecting  liability  by  reten- 
tion in  employ.     1912C-851. 

Political  belief  as  affecting  eligibility  to 
office.     1915A-094. 

Eailroad  crossing,  reasonable  belief  of 
traveler  that  no  train  is  approaching 
as  relieving  from  imputation  of  negli- 
gence per  se  in  failing  to  look  and 
listen.     9-216;   1914D-1020. 

Eobbery,  property  of  another  taken  in  be- 
lief as  one's  own,  effect  as  robbery. 
13-775. 

Spiritualism,  belief  in,  es  impairment  of 
testamentary    capacity.     10-617. 

Sunday,  belief  in  seventh  day  of  week 
as  Sabbath  as  defense  to  Sunday  law 
violations.     10-948. 


BELLHANaERS. 

iBellhanger  as  engaged  in  "trade." 
1199. 


1916A- 


BELLIGERENTS. 

See  International  Law;  War. 


BELLS. 

Railroads,  validity  of  statute  requiring 
railroad  to  equip  locomotives  with 
automatic  device  for  ringing  bell. 
1914D-1289. 

Street  railways,  duty  to  sound  bell  to 
give  notice  of  approaching  car.  20- 
152. 

BELTING. 

Liability  of  master  to  servant  for  in- 
juries caused  by  breaking  of  machine 
belt.     21-94. 


BENEFICIAL  ASSOCIA- 
TIONS. 

1.  In  General. 

2.  Charter   and   By-laws. 

3.  Eights  and  Liabilities  of  Members. 

4.  Assessments  and  Dues. 

5.  Insurance  Contracts. 

1.    In  G-eneral. 

Jurisdiction  of  superior  over  inferior 
bodies  in  benefit  societies.     12-873. 

Libel  or  slander,  liability  of  association 
for  defamation  by  agent.  1918D- 
484. 

Taxation,  exemption  from  taxation  of 
charitable  or  benevolent  institutions 
as  applicable  to  fraternal  benefit  so- 
ciety.    7-39. 

Wills,  right  of  benefit  society  to  take 
under.     1914A-596;    1914C-^55. 

Workmen's  compensation,  receipt  of  in- 
surance as  affecting  right  to  compen- 
sation under  Workmen's  Compensa- 
tion Act.     1918B-635. 

2.     Charter  and  By-laws. 

Charter  and  rights  of  members  as  affected 
by  amendment  of  statute.  1915C- 
276. 

Existing     members,     validity     of     amend- 

'  ments  to  by-laws  as  applied  to  them. 

1-717;    7-780;    8-163;    10-625;    1913C- 

675;     1914r)-63;     1917B-814;     1918D- 

1140;    1918E-414. 

Inconsistency  of  by-law  with  contract  of 
membership,  binding  effect  on  mem- 
ber of  benefit  society.     20-929. 

Suicide,  validity  of  amendment  of  by- 
laws with  respect  to.  8-163;  1913C- 
677. 


BENEFICIAL  ASSOCIATIONS. 


85 


BENEFICIAL  ASSOCIATIONS  —  Con- 
tinued. 

3.    Bights    and    Liabilities    of    Members. 

Expulsion  of  member,  validity  of  proceed- 
ings conducted  on  Sunday.  1916B- 
17. 

Membership,  what  constitutes.  1917B- 
380. 

Eecourse  to  courts  by  members  of  benev- 
olent, beneficial  and  similar  associa- 
tions to  protect  property  rights. 
3-211;    1915B-318;    1918E-1178. 

Eeinstatement,  representation  that  appli- 
cant for  reinstatement  is  "in  good 
health,"    construction.     1918D-1005. 

— survival  of  right  of  reinstatement.  6- 
698;    17-1175. 

4.    Assessments  and  Dues. 

Forfeiture  of  benefit  certificate  for  non- 
payment of  assessment  or  dues, 
waiver  by  acceptance  of  arrearages 
or  similar  act.  11-539;  19140^37; 
1916D-591. 

Liability  for  dues  at  law  of  member  ex- 
pelled for  nonpayment  of  dues.  1- 
403. 

Notice  to  member  to  pay  dues  or  assess- 
ments, necessity  in  order  to  render 
member   delinquent.     1912D-699. 

Payment  of  assessment  or  dues  by  col- 
lector for  member,  suflSciency.  1913D- 
347. 

Personal  liability  of  members  for  assess- 
ments or  dues.     1-390. 

5.    Insurance   Contracts. 
Assignment    of    mutual    benefit   certificate 
to  one  without  insurable  interest.     5- 
362;  1913B-867. 

Change    of   beneficiary,    acts    suflScient    to 

effectuate.     1914D-1126. 
— liability  for  inducing  change  in  benefit 

certificate.     1917A-473. 
— right    of    insured    under    mutual    benefit 

certificate  where  first  beneficiary  was 

designated     in     return     for     valuable 

consideration.     12-944. 

"Child"  in  statute  relating  to  benefi- 
ciaries or  in  benefit  certificate  as  in- 
cluding illegitimate  child.  1918B-256, 
261. 

"Dependent,"  meaning  of  word  as  used 
to  designate  beneficiary.  7-358;  17- 
867. 


BENEFICIAL  ASSOCIATIONS  —  Con- 
tinued. 

Divorce  as  affecting  rights  of  benefi- 
ciaries. 2-352;  1913D-687;  1917C- 
270. 

"Family,"  persons  included  within  term 
when  used  to  designate  beneficiaries. 
7-684;    11-570;    1917C-694. 

Forfeiture  of  benefit  certificate,  for  vio- 
lation of  contract  of  insurance  other 
than  failure  to  pay  assessments  or 
dues,  waiver  of,  or  estoppel  to  deny. 
12-639;  1918D-305. 

"Heirs,"  meaning  of  term  when  used  in 
benefit  certificate  to  designate  bene- 
ficiaries.    5^58. 

Insurable  interest,  "more  than  pecuniary 
interest"  in  life  of  insured,  meaning 
of  requirement  in  benefit  certificate 
that  beneficiary  have.     1914D-1123. 

— 'right  of  beneficiary  having  none  to 
keep  contract  alive  for  his  own 
■benefit.     1917A-1085. 

— selection  of  beneficiary  having  no  in- 
surable interest  in  life  of  insured  as 
against  public  policy.  15-236;  1916C- 
587. 

Intoxicating  liquors,  construction  of  re- 
striction in  contract  as  to  use  of  in- 
toxicants   by    insured.     1918A-623. 

Kind  of  insurance  which  fraternal  society 
has  power  to  write.     15-290. 

Law  governing  insurance  contract.  19- 
38. 

Naming  beneficiary,  statement  in  charter, 
constitution  or  by-laws  as  to  object 
of  organization  as  restriction  on 
right  to  name.     1913E-492. 

New  beneficiary,  right  of  member  to 
designate   by   will.     1913B-1186. 

Proceeds  of  benefit  certificate,  right  to 
where  part  of  beneficiaries  named 
are   ineligible   to    take.     1912A-214. 

— right  to  upon  failure  of  beneficiaries 
competent  to  take.  2-663;  1916B- 
184. 

Travel  by  or  residence  of  insured,  con- 
struction of  provision  in  contract  of 
benefit  insurance.     1917A-381. 

Violation  of  law,  death  while  engaged  in 
violating  law  within  exception  in 
benefit  certificate.     1917C-592. 

Evidence  in  Action  for  Insurance. 

Benefit  certificate  as  admissible  in  evi- 
dence without  other  parts  of  con- 
tract.    1917C-145. 


86      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


BENEFICIAL  ASSOCIATIONS  —  Con- 
tinued. 

Declarations  or  admissions  of  insured  as 
admissible  in  evidence  to  contradict 
statements  in  application  for  benefit 
certificate.     7-648. 

Suicide  relied  on  as  defense  to  action  on 
benefit  certificate,  presumption,  bur- 
den of  proof,  and  weight  and  sufl&- 
ciency  of  evidence.  17-32;  1913C- 
1260. 

BENEFICIARIES. 

See  Beneficial  Associations;  Charities; 
Life  Insurance;  Trusts;  Wills;  Work- 
men's Compensation. 

BENEFIT  OF  COUNSEL. 

See  Criminal  Law. 


BENEFITS. 

See    Special   Assessments. 

Deduction  in  eminent  domain  proceedings 

in  assessing  damages  for  land  taken. 

13-603;    19-859;    1914B-478. 
Irrigation,  benefits  conferred  as  affecting 

right    to    include    lands    in   irrigation 

district.     1916A-1222. 

Belief  associations,  acceptance  by  Injured 
workman  as  absolving  master  from 
liability.     6-9. 

Sick  benefits  of  fraternal  society,  amend- 
ment of  by-laws  reducing  as  to  exist- 
ing members  as  impairment  of  vested 
rights.     1913C-682. 

BENEVOLENT  ASSOCIATIONS. 

See  Beneficial  Associations. 

BENZINE. 
See    OiL 


BETTERMENTS. 

Improvements  on  land  of  adjoining 
owner,    right    to    recover.     1914A-239. 

Eeeeiver's  certificate,  issuance  to  pay  for 
betterments.     1913C-48. 

BETTING. 

See  Gaming. 

Setting  on  horse-racing  as  gaming  or 
gambling.     6-€93;  11-280. 

BEVERAGES. 

See  Intoxicating  Liquors. 

Foreign  substance  in  beverage,  liability 
for  injury  resulting  from.     1917B-575. 

Medicinal  or  toilet  preparations  as  within 
purview  of  intoxicating  liquor  stat- 
utes.    13-638. 

(Nonintoxicating  liquors,  imposing  license 
tax  on  business  of  selling,  validity 
of    statute    or    ordinance.     1914C-841. 

Statutory  declaration  as  intoxicating  irre- 
spective of  actual  character,  validity. 
8-52. 

Trademark  or  trade  name  as  infringed 
by  similar  name.     1915B-329. 

BIAS. 

See  Grand  Jury;  Judges;  Jury;  Witnesses. 


BIBLE. 

Age  of  person,  admissibility  of  entry  in 
family   Bible    to    show.     1916A-153. 

Legitimacy  of  person,  admissibility  of 
entry  in  family  Bible  on  issue. 
1915B-377. 

Beading  Bible  in  public  schools  as  secta- 
rian instruction.     2-523. 


BEQUESTS. 

See  Charities;  Wills. 

BERTHS. 

Carriers    by    water,    duty    as    to    furnish- 
ing  passengers.     20-1019. 

BESTIALITY. 

Cruelty    warranting    divorce.     1918B-495. 
Imputing   to    man   as    actionable    slander. 
1917A-1045. 


BICYCLES. 

Automobiles,  rights  and   duties  of  drivers 

with    respect   to    persons    on   bicycles. 

21-656;   1916E-675. 
Baggage    of    passenger,    bicycle    as.     21- 

732. 
Injury      caused      pedestrian      by      riding 

bicycle  on  sidewalk,  liability  of  city. 

1-961. 
Safe   road,   right    of   bicyclist    to.     1-550; 

16-426. 
Sidewalk    riding,    right    of   bicyclist.     13- 

1014. 


BIDS— BILLS. 


87 


BIDS. 

Auctions,  right  of  action  by  highest  bid- 
der at  sale  for  refusal  of  auctioneer 
to  knock  down  property  to  him.  16- 
386;    1918A-8oO. 

Contract  suppressing  competition  in  bid- 
ding for  contract  on  public  works, 
validity.     20-386. 

Frauds,  statute  of,  written  bid  for  public 
work  as  sufficient  evidence  of  con- 
tract   to    satisfy    statute.     1912B-722. 

Judicial  sales,  advance  bid  as  ground  for 
setting    aside    sale.     7-173. 

— chilling  or  puffing  bidding,  vacation  of 
sheriff's  sale  on  account  of.     3-423. 

— combination    of   bidders    as    ground   for 

setting    aside.     1914D-8. 
— oral   agreement    to    share   property    bid 

in     by     one     as     within     statute     of 

frauds.     1912B-320. 
— validity  of  contract  to  prevent  bidding, 

1917D-232. 

Letting  contracts  on  bid,  certified  cheek 
or  other  deposit  made,  rights  of  par- 
ties with  respect  to.     1916C-427. 

— contract  calling  for  use  of  patented 
article  for  street  improvement  as  vio- 
lation of  statute.  3-745J  10-709; 
1915B-460;   1916D-245. 

— implied  liability  of  municipality  for 
letting  contract  without  compliance 
with  statute  requiring  competitive 
bidding.     1917A-1263. 

— 'lowest  responsible  bidder,"  construc- 
tion of  phrase  in  statute  providing 
for  letting  of  municipal  contracts. 
1913A-500. 

— offer  to  better  any  other  bid  received 
as   legal   bid.     1915C-1011. 

— readvertisement  for  bids,  necessity 
where  bidder  to  whom  municipal 
contract  is  awarded  fails  to  comply 
with  conditions  or  abandons  work. 
1916D-1189. 

Sheriff's  sale,  defenses  against  perform- 
ance of  bid  as  precluded  by  rule  of 
caveat  emptor.     18-501. 

Tax  sale,  validity  of  combination  be- 
tween bidders.     1913I>-962. 


BIGAMY. 

Death  of  former  spouse,  belief  in  death 
as  defense  to  prosecution.  8-1104; 
21-401. 


BIGAMY— Continued. 

Divorce,  belief  in  validity  of  invalid  di- 
vorce as  defense  to  prosecution.  10- 
415;   14-640. 

Foreign  bigamous  marriage,  cohabitation 
under  as  bigamy.  5-968;  19-569; 
1917C-1141. 

Husband  or  wife  as  competent  witness  in 
prosecution.     12-114;   1916C-1060. 

Indictment,  allegation  as  to  first  mar- 
riage, sufficiency  with  respect  to.  16- 
516. 

Presumptions  and  burden  of  proof  in 
prosecution.     1913E-268. 

Prior  marriage,  bigamy  as  depending 
upon   validity   of.     14-74. 

BILLBOARDS. 

Erection  as  violation  of  restrictive  cove- 
nant against  offensive  trade  or  busi- 
ness   or    similar    covenant.     16-225. 

Municipal  regulation.  2-897;  5-997;  16- 
766;  1913D-958;  1916C-491;  191 7C- 
596. 

BILLHEADS. 

Evidentiary  effect  of  use  of  printed  bill- 
head.    1917B-271. 

Written  matter  as  controlling  printed  in 
construction    of   contract.     1913E-967. 

BILLIARDS. 

"Billiard-table"  as  including  pool-table. 
11-67. 

Keeping  of  billiard  or  pool  table  as  sub- 
ject of  exercise  of  police  power.  11- 
66;    1913D-1052. 

Playing  for  the  price  thereof  as  gaming. 
2-618. 


BILL  OF  RIGHTS. 

Provisions  of  Ordinance  of  1787  as 
affected  by  admission  of  state  into 
Union.     1915D-942. 


BILLS. 

See  Pleading. 

Approval  in  part  only,  power  of  execu- 
tive.    20-162. 

—^withdrawal  of  approval,  right  of  execu- 
tive.    13-230. 

Computation  of  time  allowed  executive  to 
sign    or    reject.     6-717;    1912A-801. 


INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


BILLS — Continued. 

Final  passage,  what  constitutes  within 
constitutional  provision  requiring 
vote  on  final  passage  by  yeas  and 
nays.     16-977. 

Presentation  to  governor  for  signature. 
1914D-268. 

Reconsideration  of  vote,  power  of  legis- 
lature.    1913B-611. 

Signature  of  presiding  officer,  necessity. 
4-905. 

Variance  between  enrolled  bill  and 
printed  statute,  w'hieh  governs.  17- 
365. 

Veto   by  executive,   evidence   of.     19-837. 


BILLS  AND  NOTES. 

1.  In  General. 

2.  Form  and  Validity. 

3.  Construction. 

4.  Consideration. 

5.  Acceptance. 

6.  Alteration. 

7.  Negotiability. 

8.  Indorsement  and  Transfer. 

9.  Accommodation  Paper. 

10.  Bona  Fide  Holders. 

11.  Presentment,  Demand,   and  Protest. 

12.  Dishonor. 

13.  Payment  ajid  Discharge. 

14.  Interest. 

15.  Actions. 

1.    In  General. 

Assignment  of  funds  by  check  under 
negotiable  instruments  law.     5-190. 

Attachment,  liability  of  promissory  note 
to  seizure  and  sale  under.     15-980. 

—levy,  what   is  sufficient.     1916B-996. 

Attorneys'  fees,  amount  allowable,  con- 
struction and  effect  of  provision  in 
note.     20-1371. 

— inclusion  of  stipulated  fee  in  deter- 
mining amount  in  controversy.  1912B- 
233. 

— indorser  as  bound  by  provision  for 
payment.     1917C-1082. 

— stipulation  for  in  promissory  note, 
validity.     1917D-365,    375,    378. 

"Bankable"  paper,  meaning  of  term. 
1913C-1255. 

"Banking  business,"  issuance,  buying  or 
discounting  of  bills  and  notes  as  con- 
stituting.    18-830. 


BILLS  AND  NOTES— Continued. 

Banks,  liability  of  bank  sending  paper  to 
drawee  bank  for  collection.  1912B- 
123. 

Bill  of  lading  with  draft  attached,  bank 
advancing  money  or  security  thereof, 
title  and  right  of  bank  to  goods. 
14-1053. 

— effect  as  passing  title  to  goods,  where 
bill  of  lading  made  to  seller's  order. 
5-263. 

Conditional  delivery,  parol  evidence  of. 
3-560;    6-169;    15-669;    1917D-1049. 

Conversion  of  promissory  note  fully  paid, 
trover  for.     12-265. 

Corporation,  person  signing  note  as  officer 

of       corporation,       liability.     6-1000; 

1917D-568. 
—power    of    president    and    secretary    to 

execute      commercial      paper.     2-520; 

18-729. 

Demand  note,  when  overdue  as  between 
maker  and  indorser.  1912A-475; 
1917B-842. 

Denial  of  execution  after  death  of  party 
thereto,  right  of  maker  to  deny.  17- 
398;    1918A-777. 

Escrow  as  applicable  to  promissory  note. 

1916B-1032. 
—unauthorized     delivery     of     instrument, 

rights  of  innocent  purchaser.     1917E~ 

443. 

Executor  or  administrator,  personal  lia- 
bility for  making  or  indorsing  note 
in  behalf  of  estate.     1-772. 

False  pretenses,  bill  or  note  as  property 
within  statute  against.  9-970;  1917B- 
627. 

Fictitious  payee  of  promissory  note  or 
bill.     1918A-669. 

Forgery,   estoppel   of   ostensible    maker   to 

set  up.     1-81;   19120-590. 
— indorsement    of   instrument    as    forgery. 

1915A-1046. 

Frauds,   statute   of,   note   as   memorandum 

within    statute.     1914D-74. 
Fraudulent   conveyances,  contingent   claim 

based    on    promissory    note,    validity 

of     conveyance     as     against.     1914D- 

767. 
Gift    inter    vivos,    donor's    own    note    as 

subject    of.     1914C-1139. 
Guaranty,     national      bank     guaranteeing 

commercial    paper    negotiated    by    it, 

liability   on.     1916I>-559. 


BILLS  AND  NOTES. 


89 


BILLS  ANI>  NOTES— Continued. 

— oral  guaranty  by  transferrer,  validity. 
2-506. 

Lien  of  attorney  on  note  in  his  posses- 
sion in  connection  with  litigation. 
1917D-149. 

Life  insurance  premium,  effect  of  accept- 
ance  of   note   for.     1-967. 

Mechanic's  lien  as  waived  by  taking  of 
unsecured   note.     1915A-961. 

Medium  of  payment  at  judicial  sale, 
promissory  note  as  proper  medium. 
1915C-998. 

Mortgage  securing  negotiable  note,  rights 
of  assignee  as  against  prior  equities. 
1918C-497,  501,  506,  520. 

Municipal  corporation  as  included  under 
term  "corporation"  in  negotiable  in- 
struments law.     1913B-747. 

Partnership,  liability  on  note  executed  in 
name    of    single    partner.     1912A-618. 

Part  payment  of  debt  by  note  as  start- 
ing running  of  statute  of  limitations 
anew.     15-332. 

Place  of  execution  of  bill  or  note. 
1915D-1135. 

Pledge  of  note,  right  of  pledgee  to  en- 
force against  maker  as  affected  by 
payment  to  pledgee  of  debt  secured 
thereby.     1914B-251. 

Presumption  of  nonindebtedness  of  payee 
to  maker  Arising  from  execution  of 
promissory  note.  1914B-384;  1914C- 
879. 

Release  of  person  liable  on  bill  or  note, 
power  of  bank    cashier.     6-52. 

Renewal  note,  effect  of  taking  in  ease  of 
conditional   sale.     1916A-335. 

— usury  in  original  contract  as  affecting 
renewal  of  bill  or  note.  1918A-753, 
769. 

Sealed  note,  execution  by  member  of 
commercial  partnership  as  binding 
firm.     14-548. 

— seal  affixed  without  recital  respecting 
sealing,  effect  as  sealed  instrument. 
19-678. 

"Security,"  promissory  note  or  bill  of  ex- 
change  as.     1914D-626. 

Sunday  execution  as  within  prohibited 
"labor"  or  "labor  or  work."  191 3D- 
798. 

Surety,  discharge  by  failure  of  bank  to 
apply  general  deposit  on  depositor's 
note.     7-1007. 


BILLS  AND  NOTES— Continued. 

— diversion  of  note  or  proceeds  as  dis- 
charging  surety.     1916D-733. 

— forged  paper  substituted  in  satisfac- 
tion of  promissory  note  secured  by 
surety  as  effecting  latter's  discbarge. 
13-921. 

Surrender  of  negotiable  paper  as  condi- 
tion to  recovery  on  original  obliga- 
tion.    20-857. 

Undisclosed  principal,  liability  upon  nego- 
tiable paper.     12-679. 

Usury,  sale  at  less  than  face  value  as 
constituting.     1913C-1327. 

Vendee  giving  note  to  third  person  as 
consideration  for  purchase  price,  en-' 
forceability  as  implied  vendor's  lien. 
1914C-501. 

2.    Form  and  Validity. 

Blanks,   implied   authority   to   fill.     2-332. 

Confession  of  judgment,  provision  au- 
thorizing attorney  to  appear  and  con- 
fess, validity  in  absence  of  statute. 
16-895 

Dollar-mark,  or  other  designation  indicat- 
ing money,  effect  of  omission. 
1915C-335. 

"Et  al.,"  substitution  of  phrase  in  place 
of  names  in  promissory  note.  14- 
574. 

Lunatic,  signing  or  indorsing  of  nego- 
tiable paper  by,  validity  and  effect. 
4-539. 

Marginal  figures,  object  and  effect.  1- 
611;   7-804. 

Patent-right  notes,  consideration,  valid- 
ity of  statute  requiring  note  to  show. 
5-426;   7-392,  511. 

3.     Construction. 

Collateral  oral  agreement  as  admissible  to 
supplement  note.     1914A-457. 

Contemporaneous  written  instrument  in- 
tended to  control  bill  or  note,  con- 
struction together.  5-149;  21-1162; 
1914A-318. 

Extension  of  time  of  payment  of  note, 
construction  of  extension  or  agree- 
ment to  extend.     1918B-157. 

"Without  interest"  clause  in  promissory 
note,    construction.     1914C-243. 

Written  matter  as  controlling  printed  in 
construction  of  negotiable  instru- 
ment.    1913E-966. 


90      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


BILLS  AND  NOTES--Continued. 

4.    Consideration. 

Pailure  or  want  of  consideration,  estoppel 
to  set  up  by  giving  renewal  note. 
1916A-826. 

— partial  failure  of  consideration  as  de- 
fense to  action  on  bill  or  note.  2- 
430. 

Illegal  sale  of  liquor  as  affecting  validity 
of  negotiable  instrument  given  for 
price.     7-362. 

Natural  love  and  affection  as  suflScient 
consideration  for  note  executed  by 
parent  to  child.     13-165. 

Past  services  rendered  by  one  member  of 
family  to  another,  enforceability  of 
note    given   for.     1913A-865. 

Secret  preference  in  composition  with 
creditor,  validity  of  note  given  as. 
16-1072. 

"Want  of  consideration  as  defense  to  ac- 
tion, burden  of  proof.     18-205. 

5.  Acceptance. 

Bill   of   exchange,   acceptance    conditional 

on  possession  or  availability  of  funds, 

construction.     1918A-941. 
— agent's    acceptance     without     authority 

as    discharge    of    debt    to    principal. 

9-1198. 

— retention  of  or  refusal  to  return  bill  of 
exchange  as   acceptance.     8-612, 

Creditor's  acceptance  of  bill  or  note  from 
debtor  as  discharge  of  surety  or 
guarantor.     4-884;   1916A-1193. 

Third  person's  note  or  indorsement,  ac- 
ceptance as  waiver  of  implied  ven- 
dor's lien.     13-870. 

6.  Alteration. 

Addition  of  words  "or  bearer,"  "or 
order,"  or  substitution  of  one  expres- 
sion for  other  as  material  alteration 
of    instrument.     1917C-1177. 

Change  in  name  of  payee  as  material 
alteration.     1913C-183. 

Date,  alteration   as   material.     1913D-725. 

Detaching  contract  or  memorandum  at- 
tached to  promissory  note,  effect. 
1917E-603. 

Material  alteration  of  note  as  affecting 
mortgage   security.     1913E-317. 

Stranger  to  contract,  effect  of  alteration 
of  negotiable  instrument  by.     18-223. 


BILLS  AND  NOTES— Continued. 

7.    Negotiability. 

Confession  of  judgment  provision  as  af- 
fecting   negotiability.     1913A-206. 

Contemporaneous  written  instrument  as 
affecting   negotiability.     5-152. 

Discount  if  paid  within  certain  time,  pro- 
vision therefor  in  note  as  affecting 
negotiability.     1918B-600. 

Extension  of  time  of  payment  of  note, 
provision  therefor  as  affecting  nego- 
tiability.    17-55;   1914B-210. 

Indorsement  to  two  persons  in  alternative 
as  affecting  negotiability.     1915A-1056. 

Mortgage  securing  note,  provisions  there- 
in as  affecting  negotiability.  1916C- 
503;  1912D-1. 

Municipal   bonds   as   negotiable.     5-196. 
Negotiable  note,  what  is.     1912D-4. 
Note  payable  in  bank  notes.     4-632. 
— payable    "with   exchange,"    proWsion    as 
affecting    negotiability.     1-385. 

Payees  described  as  persons  named  "et 
al.,  or  order"  as  affecting  negotiabil- 
ity.    14-574. 

Eeceiver's  certificates,  negotiability. 
1913C-58. 

Reference  to  particular  fund  or  account 
as  affecting  negotiability.  11-599; 
1913C-932. 

Eetention  of  title  to  property  for  which 
note  is  given  until  note  paid,  clause 
therefor  as  affecting  negotiability. 
14-1129;    20-1333. 

Stipulation  for  attorney's  fees  and  costs 
of  collection  as  affecting  negotiabil- 
ity.    4-263;     1912D-165. 

Warehouse  receipts  as  negotiable.  17- 
670. 

8.    Indorsement  and  Transfer. 

Antecedent  debt,  transfer  of  negotiable 
note  as  security  for.  1-275;  21-936; 
1917D-386. 

"Assigns"  as  including  indorsee.  1913B- 
738. 

Conflict  of  laws  as  to  transfer  of  com- 
mercial   paper,    validity    of.     2-706. 

Face  of  instrument,  sufficiency  of  indorse- 
ment  thereon.     19-570. 

Guaranty  signed  by  payee  on  back  of 
note  as  indorsement  transferring 
title.     1913D-693. 


BILLS  AND  NOTES. 


91 


BrLLS  AND  NOTES— Continued. 

Indorser  as  discharged  by  failure  of  bank 
to  apply  general  deposit  on  deposi- 
tor's note.     7-1007. 

Lunatic's  indorsement,  validity  and  effect. 
4-539. 

Negotiation  of  note  given  by  debtor  as 
constituting  payment  of  original 
debt.     1917C-364, 

Non-negotiable  paper,  liability  of  trans- 
ferrer on  Ms  indorsement.  1912B- 
706. 

Place  of  indorsement,  presumption  aa  to. 
5-160. 

"Similarly  indorsed,"  meaning  of  term  as 
applied  to  commercial  paper.     18-795. 

Special  purpose,  liability  of  one  indorsing 
for,  who,  after  reindorsement  to  him, 
reissues  same  to  third  person  without 
erasing    special    indorsement.     12-271. 

Transfer  to  secure  money  for  gambling, 
or  to  pay  gambling  debt,  validity. 
21-628. 

Variance  between  name  of  payee  of  nego- 
tiable instrument  and  his  indorsement 
thereof.     1914D-979. 

Unrestricted  indorsement  of  draft  or 
check  as  warranty  that  instrument  is 
genuine.     7-746. 

9.    Accommodation  Paper. 

Corporation,  liability  on  accommodation 
paper.     1913A-1313;    1916A-87. 

Extension  of  time  granted  principal 
debtor  as  discharge  of  accommodation 
party  under  negotiable  instruments 
act.  1913C-527;  1918A-1103;  1918E- 
806. 

Joint  accommodation  maker  as  discharged 
by  extension  of  time  to  co-maker. 
13-999. 

Married  woman  as  accommodation  maker 
or  indorser,  conflict  of  laws  respect- 
ing her  liability.     20-618. 

Place  of  execution  as  fixing  law  govern- 
ing   validity.     1915D-1137. 

Transferee  of  accommodated  party,  right 
after  maturity  as  against  accommo- 
dation   party.     2-256. 

Usury,  discount  in  excess  of  legal  rate 
without  notice  of  nature  thereof  as 
usury.     1912D-S87. 

10.    Bona  Fide  Holders. 

Bank  discounting  note  for  depositor  as 
holder  in  due  course  where  latter  is 
credited  with  proceeds.     11-206. 


BELLS  AND  NOTES— Continued. 

— usurious  note  discounted  before  matur- 
ity without  notice  of  usury,  validity 
in  hands  of  bank.     12-1149. 

Blank  negotiable  instrument  where  blanks 
are  fraudulently  filled  in,  liability  of 
maker  to  bona  fide  holder.  8-186; 
11-197. 

Foreign  corporation  not  entitled  to  do 
business,  transfer  of  notes  given  it 
as  constituting  purchasers  bona  fide 
holders.     2-68. 

Forgery  of  some  of  signatures  on  note, 
rights    of    bona    fide    holder.     12^41. 

— estoppel  of  maker  to  set  up  fraudulent 
alteration,  when  paper  drawn  so 
negligently  as  to  render  forgery 
easy,  as  against  bona  fide  holder. 
16-774. 

Intoxication  of  maker  or  indorser  aa  af- 
fecting rights  of  bona  fide  holder. 
1918E-333. 

Overdue  negotiable  paper,  rights  of  bona 
fide  purchaser  from  one  to  whom  it 
had    been   intrusted.     5-583. 

Payment  of  less  than  face  value  by 
transferee  as  affecting  bona  fides. 
17-386. 

Eepurchase     of    instrument     fraudulently 

procured   from    maker,    or    subject    to 

■    other     defenses,     after     transfer     by 

payee  to  innocent  third  person,  title 

acquired.     8-626. 

Series  of  notes,  purchaser  of  one  note  of 
series  having  notice  of  defenses 
against  other  notes  as  innocent  pur- 
chaser.    9-340. 

Stolen  negotiable  instrument,  title  and 
right  of  bona  fide  holder.  13-1172; 
1916A-603. 

Void  instrument,  validity  in  hands  of 
bona  fide  holder  of  negotiable  con- 
tract void  by  statute  between  origi- 
nal parties.  4-353;  11-1181;  1917D- 
696. 

11.    Presentment,    Demand,    aaid   Protest. 

Bank  receiving  paper  for  collection,  duty 
to  protest  and  give  notice  thereof  in 
absence  of  express  instruction.  1918A- 
892. 

Demand  note,  presentment  and  demand  at 
place  named  as  condition  precedent 
to  suit  against  maker.     7-693. 

Failure  to  present  bill  or  note  for  pay- 
ment and  give  notice  of  dishonor  as 


92      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


BILLS  AND  NOTES— Continued. 

excused  by  acceptance  of  worthless 
check  in  payment.     1915B-155. 

Law  governing  liability  of  drawee  or  in- 
dorsee of  bill  or  note  as  dependent 
upon  presentment,  protest  or  notice. 
12-455. 

Misstatement  in  notice  of  protest  as  to 
time  of  dishonor,  effect.     12-375. 

Successive  indorsera,  giving  notice  of  pro- 
test in   case   of.     1915B-1071. 

Telephone  presentment  and  demand  of 
payment,   sufficiency.     1912A-862. 

Waiver  of  protest,  necessity  of  new  con- 
sideration to  support.     5-478. 
— ^parol  waiver,  right  to  make.     16-152. 

12.    Disboner. 

Notice  of  dishonor,  necessity  to  fix  lia- 
bility of  surety.     6-281. 

Part  only  of  joint  indorsers  notified,  of 
dishonor,    effect.     1912D-353. 

Renewal  or  promise  to  renew  note  as 
waiver  of  notice  of  dishonor.  1912A- 
442. 

Stockholder  or  officer  indorsing  corporate 
paper,  right  to  notice  of  dishonor. 
1917B-836. 

13.    Payment  and  Discharge. 

Burden  of  proof  of  payment  or  part  pay- 
ment of  bill  or  note.     20-518. 

Extension  of  time  of  payment  by  parol, 
validity  and  enforceability.  1914A- 
103. 

Mistake  in  payment  by  bank,  right  of 
bank    to    recover.     1-632;    1912D-494. 

Payment  at  bank  where  note  is  made 
payable,  what  constitutes.  1917A- 
508. 

— to  bank  where  note  is  made  payable 
as  discharging  maker.     5-298. 

Possession  of  note,  sufficiency  of  pay- 
ment of  note  at  place  payable  to  one 
not   in   possession    thereof.     14-879. 

Priority  as  between  several  notes  secured 
by  mortgage  in  distribution  of  pro- 
ceeds of  mortgaged  property.  1914C— 
143. 

Eenewal  note  as  discharging  original 
note.     1915A-1084,   1094. 

14.    Interest. 

Delinquency  in  interest  as  notice  to  pur- 
chaser of  dishonor.     1915D-201. 


BILLS  AND  NOTES— Continued. 

Increased  rate  after  maturity,  waiver  of 
stipulation   in    note.     1913C-1269. 

Periodical  instalment,  failure  to  pay  as 
making  instrument  overdue.  11-42; 
1912C-305. 

15.    Actions. 

Amount  in  controversy,  attorney  fees 
stipulated  in  note  as  calculable  in  de- 
termining.    1912B-233. 

—reduction  of  amount  due  on  note  to 
sum  within  jurisdiction  of  court, 
right  of  holder  of  promissory  note. 
5-308. 

Defense  existing  only  between  holder  and 

his    transferrer,    right    of    maker    of 

note  to  set  up.     1914C-235. 
— failure   to   deliver   stock   as    defense    to 

action      by      corporation      on      note. 

1915A-422. 
— total  or  partial  failure  of  consideration, 

right  to  set  up  under  general  issue  or 

denial.     1913B-318. 

Foreign  bill  of  exchange,  damages  re-' 
coverable  by  holder  for  dishonor. 
1913A-810. 

Holder  for  collection,  right  to  sue  in  own 
name.     1913B-477. 

Inconsistent  defenses  in  action  growing 
out  of  bill  or  note.     1917C-721. 

Joint  action  against  maker  and  indorser 
of  promissory  note,  right  to  main- 
tain.    1912D-1201. 

Limitation  of  actions,  bar  of  statute  as 
removable   by  new   promise.     5-812. 

— note  payable  on  demand,  when  statute 
of  limitations  begins  to  run  against. 
14-807. 

— part  payment  by  trustee  in  bankruptcy 
of  joint  maker  as  removing  bar  of 
statute  as  to  other  makers.     11-59. 

—payment  indorsed  on  promissory  note 
by  holder  as  sufficient  proof  of  part 
payment  to  stop  running  of  statute. 
1913A-1223. 

— sealed  promissory  note,  limitation  appli- 
cable to  action  on.     1914D-422. 

Lost  negotiable  instrument,  giving  of  in- 
demnity as  prerequisite  to  recovery 
of  amount.     1918C-925. 

— jurisdiction    of   action   on.     1917A-1290. 

—proof  of  contents  of  lost  instrument. 
2-41. 

Nominal  holder  of  promissory  note,  right 
of  action  thereon.  1-833;  1917A- 
490. 


BILLS  FOR  RAISL\G  REVENUE— BILLS  OF  REVIEW. 


93 


BILIiS  AITD  NOTES— Continued. 

Parol  evidence,  admissibility  to  show 
when    indorsement   made.     1913A-882. 

— indorsement  for  collection  purposes  only 
as  provable  by  parol.     15-877. 

Ees  judicata,  judgment  in  criminal  pro- 
ceeding as  bar  to  action  on  promis- 
sory  note.     21-1186. 

Setoff,  assignment  prior  to  suit  as  con- 
ferring right  of  setoff  on  transferee. 
■-  19-324,   325. 

— individual  demand  in  action  on  joint 
and  several  note,  right  to  setoff.  2- 
600. 

— indorser,  debt  due  to  assignee  of  in- 
solvent person  as  subject  to  setoff 
against  liability  as  indorser.  1914D- 
747. 

— right  of  setoff  against  individual  debt 
due  indorser  from  holder  of  note. 
1913A-1302. 

Signatures  of  maker  and  indorser,  neces- 
sity of  proving  in  action  on  promis- 
sory note.  1917A-770,  809,  813,  817, 
821. 


BILLS  FOR  RAISING 
REVENUE. 

Illegal  meaning  of  term.     1918B-209. 

BILLS  OF  DISCOVERY. 

Names  or  identity  of  parties  against 
whom  it  is  sought  to  institute  action, 
jurisdiction  of  court  of  equity  to  en- 
tertain bill  to  discover.     11-578. 

Parties  defendant  to  bill  of  discovery. 
20-906. 


BILLS  OF  LADING. 

Acceptance  by  consignee  as  constituting 
delivery   to   purchaser.     20-1031. 

Agent's  authority  to  bind  shipper  by  con- 
tract limiting  liability  of  carrier.  1- 
676. 

"Assigns,"  meaning  of  term  in  bill  of  lad- 
ing.    1913B-740. 

Bank  advancing  money  to  shipper  on  se- 
curity of  bill  of  lading  with  draft 
attached,  title  and  right  of  bank  to 
goods.     14-1053. 

— discount  by  bank  of  draft  attached  to 
bill  of  lading,  liability  of  bank  for 
breach  of  contract  of  sale  where 
vendee   pays    draft.     1913B-45. 

Collateral  oral  agreement  as  admissible  to 
supplement    terms.     1914A-458. 

Conclusiveness  of  statement  as  to  quan- 
tity of  goods  received  by  carrier. 
21-225. 

Delivery  of  goods  to  purchaser  aa  affected 
by  seller's  retention  of  biU  of  lading. 
1916A-1047. 

Draft  attached  to  bill  of  lading  to  sell- 
er's order,  effect  on  passing  title  to 
goods.     5-263. 

Issuance  without  receipt  of  goods,  liabil- 
ity of  carrier  to  shipper.     7-731. 

"Machinery,"  meaning  of  term  as  used  in 
bill  of  lading.     1918E-210. 

Parol  evidence  as  to  route,  admissibility 
to  vary  written  contract.     1913A-932. 

Written  matter  as  controlling  printed 
matter  in  constructioa  of  bill.  1913E- 
966. 


BILLS  OF  PARCELS. 

Parol  evidence  to  modify  or  explain.     19- 
544. 


BILLS  OF  EXCEPTIONS. 

Authentication  by  bystanders.     15-737. 

Judge's  neglect  to  sign  within  time  re- 
quired by  law,  effect  on  bill.  1913A- 
914. 

Signing  after  time  fixed  by  statute,  con- 
sent of  parties  as  conferring  juris- 
diction on  court.     13-1115. 

Sunday    signing,    validity.     1916B-23. 

BILLS  OF  EXCHANGE. 
See  Bills  and  Notes. 


BILLS  OF  PARTICULARS. 

Appeal  from   order  relating  to,   right   of. 

1913C-826. 
Criminal  actions.     1913A-1207. 
Libel  or  slander  action,  right  to.     1915C- 

1266. 

Negligence    actions.     3-161;    1916B-105. 


BILLS  OF  REVIEW. 

Appellate  court's  power  to  grant  bill  to 
teview  own  decision  after  remand. 
11-867. 


94      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


BILLS  OF  EEVTEW— Continued. 

Error  apparent  after  decision  on  appeal, 
authority  of  trial  court  to  entertain 
bill  of  review  for.     18-722. 

Federal  courts,  bills  of  review  for  newly  dis- 
covered   evidence,     14—194. 

Newly  discovered  evidence  after  decision 
on  appeal,  authority  of  trial  court  to 
entertain    bill    of   review    for.     5-944. 

Time  within  which  bill  of  review  must 
be    brought.     6-330. 

Who  is  entitled  to  file  bill  of  review. 
1914C-126. 


BILLS  OF  SALE. 

Action  to  have  bill  of  sale  declared 
mortgage,  admissibility  of  evidence 
of  value  of  property  transferred. 
11-327. 

Effect  of  bill  of  sale  as  implied  warranty 
of  title   of  chattel   sold.     16-62. 

Parol  evidence  to  modify  or  explain,  ad- 
missibility.    19-541. 

"Plant,"  meaning  as  used  in  English  Bills 
of  Sale  Act.     1917A^327. 


BINDING  SLIPS. 

Employers'  liability  insurance,  effect  of 
receipt  as  contract.     1918C-375. 

Fire  insurance  contract  as  effected  by 
issuance.     1914C-727;    1917E-1183. 

Life  insurance,  effect  of  binding  slip  or 
receipt  as  contract.     1915B-657. 


BIRTHS. 

Birth  of  issue.     Sec  Wills. 
Registration  of  births.     See  Health. 

BITE  OF  DOG. 

Excessiveness  or  inadequacy  of  verdict 
for  injuries  resulting.  16-47;  1916B- 
396. 

BLACKBERRY  WINE. 

Blackberry  wine  as  food.     19I3E-1293. 


BLACKING. 

Trademark  or  trade  name  as  infringed  by 
similar    name.    1915B-331. 


BLACKLISTING. 

Communication  by  member  of  credit  asso- 
ciation to  other  members  blacklisting 
merchant  as  libelous.     11-57. 

Legality  of  blacklisting  agreements.  1- 
474;    1917A-644. 


BLACKMAIL. 

Conspiracy  to  blackmail,  sufficiency  of 
allegations  of  indictment  as  to  object 
and   me^ns    of    accomplishing.     21—43. 

Scheme  to  blackmail  as  scheme  to  de- 
fraud within  federal  statute  prohibit- 
ing use  of  mails  in  furtherance 
thereof.     1914D-1243. 


BLACKSMITHS. 

Blacksmith      as      engaged      in      "trade. 
1916A-1199. 


BLANKS. 

Bills  and  notes,  blanks  fraudulently  filled 
in,  liability  of  maker  of  instrument 
to    bona   fide    holder.     8-186;    11-197. 

Bonds,  obligee's  name  omitted,  right  to 
fill    in.     1915A-409. 

Deeds,  validity  of  deed  to  blank  grantee.  4 
1912A-538;   1914D-390. 

Elections,  effect  of  blank  ballots  cast  at 
election.     3-70;    1916B-121. 

Implied  authority  to  fill  blanks  so  as  to 
complete  signed  instrument.  2-331; 
1912B-1010;   1917E-518. 

Publication  notice,  leaving  name  of  de- 
fendant blank  as  affecting  jurisdic- 
tion of   court.     1913B-1254. 


BLASPHEMY. 

What  constitutes  blasphemy  or  profanity. 
1914A-812. 


BLASTING. 

Actual  physical  invasion  of  property,  lia- 
bility for  injury  to  property.  11- 
347. 

Damages  done  by  independent  contractor, 
liability  of  owner  of  premises.  14- 
1161. 

Injury  to  property  by  concussion  or 
vibration  resulting  from  blasting.  2- 
201;  19-787;  1916C-1176. 


BLINDNESS— BOARDING-HOUSES. 


95 


BLASTING— Continued. 
Railroad    construction,   liability   for    dam- 
ages   to   land    through    which    it    has 
*         acquired  right  of  way.     19-339. 

Warning  and  instruction  to  employee, 
duty  of  master  as  delegable.     11-107; 

12-248. 

Workmen's  compensation,  injury  result- 
ing from  blasting  as  accident  in 
course  of  employment  within  act. 
1913C-14,  17,  20. 


BLINDNESS. 

Contributory  negligence  of  injured  person 
as  affected  by  his  blindness.  5-76; 
1912C-1072. 

Sickness,  disease  or  bodily  infirmity 
as  covering  blindness  or  defective 
vision.     1913A-766. 

Wills,  validity  of  will  made  by  blind  per- 
son.    1916D-792. 

Workmen's  compensation,  injury  causing 
blindness  as  accident  arising  out  of 
and  in  course  of  employment.  1914B- 
500. 

BLOCKING  CARS. 

Liability  of  railroad  or  street  railway 
for  injuries  to  servant  resulting  from 
failure  to  block  or  secure  cars  stand- 
ing idle.     1914A-572. 


BLOOD  POISONING— Continued. 

Workmen's     compensation,     injuries    caus- 
ing   blood    poisoning    as    within    act. 


1913C-5,     6,     8;     1914B-499j 
1299;    1918B-772,   777. 


1916B- 


BLOOD  RELATIONS. 

Construction     of     term     "blood     relation" 

and  "blood  relationship"  in  wills.     5- 

511. 
"Nearest  blood  kin,"  meaning  as  used  in 

deed.     1915D-725. 
"Nearest    of    blood"   and    similar    phrases 

es    used    in    wills,    meaning.     1915A- 

476. 

BLOOD  STAINS. 

Law  of  evidence  of  blood  stains.     15-811. 


BLOWING  WHISTLE. 

Duty  of  railroad  as  to  animal  on  track. 
1915B-462. 


BLUE  SKY  LAW. 

[Validity  and  construction  of  law.     1916A- 
706;    1917C-6oO. 


BLUING. 

Trademark  or  trade  name  as  infringed  by 
similar  name.     1915B-340. 


BLOCKING  RAILS  AND 
FROGS. 

Duty  of  railroad  to  block  frogs,  switches 
and  guard-rails.  1-341;  9-498;  14- 
696. 

Crossings,  duty  of  railroad  company  to 
block  rails.     1913C-1265. 


BOARDERS. 

Distinction  between  boarder  and  guest  at 
hotel  or  inn.     14-326;   1914B-729. 

Juror  boarding  or  lodging  with  party  to 
suit  or  his  attorney  as  disqualify- 
ing him.     1914C-1044. 

Liability  of  hotelkeeper  for  effects  of 
boarder.     2-16;   1914B-1180. 


BLOODHOUNDS. 

Bloodhound    evidence.     3-897;    8-110;    10- 
1127;   1912D-39;   1915A-1193. 


BLOOD  POISONING. 

Accident  insurance,  death  from  blood 
poisoning  as  due  to  accidental  means 
within   policy.     2-141, 

Excessiveness  of  verdict  for  injury  from 
blood  poisoning.     16-46. 


BOARDING-HOUSES. 

Building  restriction,  construction  with  re- 
spect to  boarding-houses.     1912D-479. 

Distinction  between  boarding-house  keeper 
end  lodging-house  keeper.  1914D- 
839. 

Lien  on  effects  of  boarder,  lodger  or 
guest,  right  of  boarding-house  keeper. 
3-627;    1914D-837. 

"Trade,"  boarding-house  keeper  as  en- 
gaged in.     1916A-1199. 


96      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


BOARDING  TRAIN  OR 
CAR. 

Assistance  to  passenger  in  the  dark,  duty 
of  carrier.     13-598. 

Contributory  negligence,  boarding  moving 
car  as.     2-939. 

Person  attending  or  visiting  passenger, 
duty  and  liability  of  carrier.  10- 
161;  20-453. 

Steps  or  appliances  for  boarding,  duty  of 
carrier  to  furnish  suitable  appliances. 
9-965. 

Street  railway,  duty  to  provide  safe  place 
to  board  car.     1-916. 

—premature  starting  of  car  by  unauthor- 
ized person,  liability  of  company  for 
injury  to  passenger  boarding  car. 
21-1331. 

Time  to  board  or  alight,  duty  of  carrier 
to  allovr  passengers.  7-760;  14-962; 
1912C-794. 

Workmen's  compensation,  accident  arising 
out  of  and  in  course  of  employment 
in  case  of  boarding  moving  train  or 
car.  1913C-15;  1916B-1310,  1312, 
1315. 

? 

BOARD  OF  REVENUE. 

Legal  meaning  of  term.     1918B-220. 


BOARDS  AND  COMMIS- 
SIONS. 

Agricultural  board  or  society,  liability  in 
tort.     1914B-1295, 

Appeal  to  courts  from  decision  of  fair  or 
exhibition  board  as  to  award,  15- 
191. 

Contempt,   power  to   punish.     1912B-126o. 

Court,  supervisory  control  over  board  ex- 
ercising discretionary  powers.     2-543. 

Delegation  of  powers,  power  of  approval, 
right    to    delegate.     1912B-o00. 

— ^power  to  license,  validity  of  delegation, 
1916C-292. 

Insurance  regulation,  validity  of  statute 
delegating  to  board  or  officer  regula- 
tion   of    companies.     1918E-479. 

Judicial  functions,  mode  of  procedure 
governing  municipal  or  other  board 
•when  exercising.  1915B-1083;  1917E- 
706. 


BOABDS  AND  COMMISSIONS— Con- 
tinued. 

Jurisdiction  of  eminent  domain  proceed- 
ings, validity  of  statute  conferring  on 
board.     1916C-420. 

Mandamus  against  municipal  board  as 
abated  by  termination  of  office. 
1918A-1004. 

Power  conferred  on  board  to  commute 
sentence  of  criminals,  constitutional- 
ity of  statute.     4-1111;  20-479. 

Vote  of  board  required  to  be  unanimous 
as  satisfied  by  unanimous  vote  of 
those  present  constituting  quorum. 
1913E-1295. 


BOARDS  OF  EXCISE  COM- 
MISSION. 

Necessary    expense     incurred     by    board, 
what  is.     1918D-926. 


BOARDS  OF  HEALTH. 

Food  production  and  distribution,  statute 
empowering  board  to  regulate  as  in- 
valid delegation  of  legislative  power. 
1913E-1000. 

Municipal  water  supply,  authority  to  reg- 
ulate.    18-499. 

Power  of  board  to  bring  suit.     4-474. 

Quarantine  regulations,  liability  for  en- 
forcement.    9-814;    16-737. 

Kegulation  of  board  depending  solely  on 
statutory  authority,  validity.  1915B- 
1215. 


BOARDS   OF   SUPER- 
VISORS. 

"Jfecessary  expense"  incurred  by  board  of 
supervisors,  what  is.     1918D-926. 


BOARDS  OF  TRADE. 

Market  quotations,  right  of  property  in. 
8-761. 

Membership  as  taxable  property.  1915C- 
542. 

Powers  and  liabilities  of  private  corpora- 
tion or  association  organized  to  pro- 
mote business  interests  of  com- 
munity.    1917C-787. 


BOATS— BONDS. 


97 


BOATS. 

See    Motor    Boats;    Ships    and    Shipping. 

Boat  livery,  liability  of  proprietor  for  in- 
jury to  patron.     1918E-1073. 


BOLTING  HORSE. 

Workmen's  compensation,  injury  caased 
by  bolting  horse  as  within  act. 
1913C-16. 


BOCK  BEER. 

Judicial  notice  as  to  intoxicating  nature. 
1914:0-875. 


BODILY  CONDITION. 

Hypothetical  questions  as  to  condition, 
necessity  that  they  should  contain 
ell  evidence  on  points  in  issue.  18- 
648. 


BODILY  EXHIBITION. 

Demand  for  in  presence  of  jury  as  viola- 
tion of  constitutional  privilege  of 
accused.     1912D-262. 


BODILY  INFIRMITY. 

Blindness    or    defective    vision    as    within 
term.     1913A-766. 


BODY    SHAKING    OR 
JARRING. 

Excessive  verdict,  what  is.     16-43;  1913 A- 
1378. 


BOHEMIAN  OATS. 

Validity      of     Bohemian     oats     contract. 
1918D-479. 


BOILERS. 

Explosions,   doctrine    of   res   ipsa   loquitur 
as   applicable.     1912A-980. 

Federal    Boiler    Inspection    Act,    construc- 
tion.    1918C-584. 

Injuries    resulting    from    steam,    liability 
for.     1915D-850. 

Inspection,    public    regulation    or    inspec- 
tion of  steam  boilers.     1915D-846. 

Insurance  against  explosions.     191oA-651. 

Stationary  engineers,  licensing  or  regulat- 
ing.    191.5A-1017. 

ladex  to  Notes — 7 


'     BOMBARDMENT. 

Workmen's  compensation,  bursting  shell 
as  accident  arising  out  of  and  in 
course  of  employment,  within  act. 
1916B-1296. 


BONA  FIDE  PURCHASERS. 

See   Bills   and   Notes;    Vendor   a.nd   Pur- 
chaser. 

Escrow,  unauthorized  delivery  of  nego- 
tiable instrument,  validity  in  hands 
of   innocent    purchaser,     1917E-443. 

Mortgages,  rights  of  bona  fide  assignee 
as  against  equities  of  original  par- 
ties.    1918C-479,  516. 

Sales,  purchaser  of  chattel  for  pre- 
existing debt  as  "purchaser  for  value. 
1918A-455. 

Stock  certifieates,  innocent  purchaser 
from  thief  or  finder,  right  of  owner 
to    recover    certificate.     1913C-1117. 

' — rights  inter  se  of  corporation  and  bona 
fide  purchaser  of  forged  or  spurious 
certificate.     5-251. 


BONDS. 

1.  In  General. 

2.  Form  and  Execution. 

3.  Actions, 

4.  Particular  Classes  of  Bonds. 

1.    In  General. 

"All  damages,"  meaning  of  term  in  hond. 

1917E-82. 
Attachment    on    bond,    what    is    sufficient 

levy.     1916B-996. 
Attorneys,    lien    of   attorney    on    bond    or 

other    security    in    his    possession    in 

connection     with     litigation.     1917I>- 

149, 

Blanks,    implied   authority   to    fill.     2-333, 

Contingent  claim  of  creditor  based  on 
bond,  validity  of  conveyance  as 
against.     1914D-766. 

Deposit  as  money  in  lieu  of  written 
undertaking,  what  may  be  deposited. 
1912C-356. 


98      INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


BONDS — Continued. 

Ejectment,  giving  undertaking  as  condi- 
tion precedent  to  new  trial  in  eject- 
ment.    1914C-739. 

Escrow,  term  as  applicable  to  instrument. 
191GB-1031. 

"Etc.,"  legal  meaning  in  bond.  191^0- 
174. 

Expense  of  procuring  bond  in  action  as 
item  of  taxable  costs.     19-1261. 

Federal  bonds  and  obligations,  state  taxa- 
tion of.     4-936. 

Guaranty,  power  of  corporation  to  guar- 
antee bonds  of  another  corporation. 
11-891. 

Increase  in  value  under  life  tenancy,  who 

entitled    to.     1916B-130. 
Interest,  liability  of  surety  therefor  when 

effect   is   to   exceed  penalty   of  bond. 

1914C-1194. 

Judgment  against  principal  as  evidence 
against  surety.     9-154;   1915D-400. 

Legacies  of  bonds,,  distinction  between 
specific  and  general  bequests.  10- 
490;    19-1187. 

Mortgage  bonds,  power  of  coi^solidated 
corporation    to   issue.     20-1282. 

Nonresident  as  surety  on  bond  required 
in  judicial  proceedings,  sufficiency  in 
absence  of  regulating  statute.  1912C- 
511. 

Payment  in  bonds  as  proper  medium  at 
judicial  sale.    1915C-998. 

Reformation  of  bond  by  changing  name 
of   obligee,   right   to.     1916C-184. 

"Require,"  legal  meaning  of  term  with 
respect    to    bonds.     1912A-1234. 

Security,  bond  as   "security."     1914D-624. 

Sureties,  conditional  signing,  liability  of 
surety  signing  on  condition  that  an- 
other  surety   be   secured.     1918D-ol2. 

— failure  of  principal  to  sign  bond  as 
affecting  liability  of  surety.  2-225; 
1912A-1014. 

— new  bond  in  substitution  as  release  of 
surety    on    original   bond.     19-418. 

— principal's  discharge  in  bankruptcy  as 
discharge   of   surety.     15-953;    1912B- 

781. 

— surety's  discharge  in  bankruptcy  as  af- 
fecting liability  of  surety  on  bond. 
3-65. 

Taxation,  railroad  bonds,  market  value  as 
element  in  determining  valuation  for 
taxing  purposes.     1916E-1188. 


BONDS — Continued. 

— United  States  and  other  governmental 
bonds  or  securities,  liability  of  trans- 
fer to  succession   tax.     5-874. 


2.    Form  and  Execution. 

Dollar-mark  or  other  designation  indicat- 
ing money,  effect  of  omission.  191oC— 
336. 

Form  of  bond  as  determining  liability  of 
surety  signing  conditionally  on  pro- 
curing   of    other    Surety.     1918D-526. 

Naming  obligee,  effect  of  failure  to  name. 
1915A-408. 

Sunday  execution  as  within  prohibition 
against  "labor"  or  "labor  or  work." 
1913D-798. 

Sureties  fewer  than  required  number, 
validity  and  effect  of  bond  having. 
9-707, 

Surplus  or  unnecessary  conditions,  effect 
in  statutory  bond.  8-1029;  1914D- 
948. 

3.    Actions. 
Breach  of  one  of  several  conditions,  right 
of  action.     6—467. 

> — exemplary  damages  as  recoverable  on 
breach  of  bond.     3-414. 

Civil  damage  acts,  joinder  of  surety  on 
bond  with  seller  of  liquor  as  party 
defendant.     14-1057. 

Corporate  bond  secured  by  mortgage, 
right  of  action  of  individual  holder. 
1915D-981. 

Exterritorial  suits,  right  to  sue  on  bond 
of  administrator  in  state  other  than 
that  in  which  he  was  appointed. 
1913B-348. 

Extrinsic  evidence  as  to  extent  of  liabil- 
ity assumed  by   obligor.     2-891. 

Inconsistent  defenses  in  action  growing 
out   of   bond.     1917C-721. 

Joinder  of  parties,  necessity  that  all 
obligees  join  in  action.     15-1061. 

Limitation  of  actions,  running  of  statute 
against  interest  coupons  of  other 
than  municipal  bonds.     1912A-733. 

Setoff,  right  of  one  obligor  on  a  joint 
and  several  obligation.     2-601. 

4.    Particular  Classes  of  Bonds. 
Appeal   bonds,   abandonment    or   dismissal 
of  appeal,   effect  on  liability   of  sure- 
ties on  appeal  bond.     1916C-1226. 


BONDS. 


99 


BONDS — Continued. 

— action  on  appeal  bond,  right  to  recover 
attorney  fees.     15-723. 

■ — affidavit  of  property  qualification, 
effect  of  failure  of  sureties  to  make. 
12-586. 

^-condition  requiring  sureties  to  pay 
judgment  of  appellate  court,  con- 
struction.    5-90. 

—discharge  of  surety  by  discharge  of 
principal    in    bankruptcy.     15-954. 

— dismissal  of  appeal  for  insufficiency  of 
bond,  liability  of  sureties.  1915C- 
1210. 

— executor  or  administrator,  necessity  ^  of 
giving  bond  on  appeal  from  revoca- 
tion of  probate  of  will  or  grant  of 
letters.     20-416. 

— ^judgment  against  principal  as  evidence 
against    surety.     9-157;    1915D-405. 

■ — ^liability  of  sureties  as  affected  by  order 
of  new  trial  unless  party  agrees  to 
reduction    of    judgment.     1914A-1300. 

— new  or  additional  appeal  or  supersedeas 
bond,  requirement  or  permission  in 
appellate    court.     10-804;    17-378. 

— number  of  sureties,  validity  and  effect 
of  bond  having  less  than  required 
number.     9-709. 

— release  of  surety  as  arising  by  affirm- 
ance of  appeal  by  consent  of  liti- 
gants.    1914A-1149. 

— summary  judgment  against  surety  on 
bond  in  nature  of  appeal  bond,  entry 
of.     1918C-1151,    1188. 

Attachment,  amendment  of  attachment 
bond,  right  of.     IdlTD-Ul. 

— ^fees  as  damages  in  action  on  bond, 
right   to  recover.     10-954;   1914D-815. 

— punitive  damages,  right  to  recover  in 
action    on   bond.     1915A-349. 

Contractor's  bond,  alteration  in  work  as 
discharge  of  surety.     16-347. 

— failure  of  municipality  or  officer  to 
take  bond  from  contractor  for  pro- 
tection of  laborers  or  materialmen, 
liability.     1917B-1089. 

— furnishing  labor  or  material  as  basis  of 
right  to  sue  on  bond  given  to  prop- 
erty owner.  1916A-754,  767,  773; 
1918D-350. 

—release  of  surety  on  contractor's  bond 
by  premature  payment  to  principal. 
2-766;    1915C-674.. 

— "resident  freeholder"  qualified  as  surety, 
who   is.     1913r)-335. 


BONDS — Continued. 

— surety's  right  to  assert  lien  on  prop- 
erty.    21-995. 

Cost  bond,  sufficiency  with  respect  to 
form  and  contents.     1913D-575. 

Depositary  of  public  funds,  liability  on 
bond.     1916B-1245,   1250,   1255. 

Executors  and  administrators,  action  on 
bond  of  administrator  in  state  other 
than  that  in  which  he  was  appointed, 
right   to   sue.     1913E-348. 

— debt  of  principal  to  decedent,  liability 
of    surety    on   bond.     2-355. 

— forthcoming  or  refunding  bond  given 
in  behalf  of  estate,  personal  liability 
thereon.     1-770. 

— judgment  against  executor  or  adminis- 
trator as  evidence  against  surety  on 
his   bond.     9-155;    1915D-402. 

— property  not  assets  of  estate  coming 
into  hands  of  personal  representative, 
liability    of   surety   on   bond.     19-560. 

Fidelity  bond,  act  or  default  of  employee 
covered  by  fidelity  bond.  1917C- 
420. 

— discharge  of  surety  by  failure  of  em- 
ployer to  notify  surety  of  "delin- 
quency of  employee.  11-1031;  1912D- 
1286. 

Guardian,  additional  and  substituted 
bonds,  liability  of  sureties  for  past 
defaults  of  guardian.     4-345. 

— judgment  against  principal  as  evidence 
against  surety  on  guardian's  bond. 
9-156;   1915D-404. 

— limitation  against  action  on  bond,  run- 
ning  of   statute.     1916A-170. 

— sale  bond  on  sale  of  ward's  land,  effect 
of  failure  to  give.  1913D-190; 
1917A-888. 

Indemnity  bond,  savings  bank  depositor 
who  cannot  produce  pass-book,  tender 
of   bond.     1914D-24. 

Injunction  bonds,  action  on  injunction 
bond,  violation  of  injunction  as  de- 
fense.    19-671. 

— ^breach  of  injunction  bond,  dismissal  of 
suit  as.     6-401. 

— damages  sustained  after  injunction 
made  permanent,  recovery  on  injunc- 
tion  bond.     16-1123;    1913C-1277. 

— enforcement  upon  dissolution  of  tempo- 
rary injunction,   right   to.     15-721. 

-^execution  sale,  necessity  and  terms  of 
bond  for   injunction.     1918C-301. 


100    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


BONDS— Continued. 

— ^judgment  against  principal  as   evidence 

against    surety    on    injunction    bond. 

9-157;    1915D-407. 
— stranger's  right  of  action  on  injunction 

bond.     6-904. 
— summary    judgment    against    surety    on 

injunction  bond,  entry  of.     1918C-97. 
— ^temporary     injunction     or     restraining 

order,  necessity  of  bond.     1917B-126. 

Municipal  bonds,  debt  limit,  recital  that 
debt  limit  has  not  been  exceeded  as 
affecting  validity  of  bonds  in  hands 
of   purchaser.     17-1245. 

— election  authorizing  issuance,  necessity 
of  compliance  with  statutory  require- 
ments  as   to   notice.     18-1137. 

— exchange  for  stock  of  railroad  as  viola- 
tion of  statute  prohibiting  sale  of 
municipal  bonds  at  less  than  par. 
1913E-86. 

— ^implied  power  of  municipality  to  issue 
bonds.     1913E-37. 

— interest  on  municipal  bonds  as  factor 
in  determining  whether  municipality 
has  exceeded  debt  limit.  17-1243; 
1918B-598. 

— ^issuance  after  repeal  of  statute  author- 
izing, authority  of  public  officer  to 
complete  issue.     1916E-406. 

— ^limitation  of  actions,  when  statute  be- 
gins to  run.     14-102. 

— negotiability  of  municipal  bonds.  5- 
196. 

— prohibition  against  sale  for  less  than 
par,  construction  of  statute.  1913E- 
85. 

— sale  below  par,  right  in  absence  of  ex- 
press statutory  prohibition.  1914B- 
257. 

— state  taxation,  liability  of  municipal 
bonds.     8-26;    12-350;   1914B-1163. 

— taxation  by  municipality  of  own  secur- 
ities in  hands  of  holder.     19-411. 

— term  of  municipal  bonds  longer  than 
life  of  municipality,  validity  of  issu- 
ance.    19-1106. 

Public  administrator,  bond  of.  1918B- 
1072. 

Public  officers,  acts  wholly  outside  official 
duty,  liability  of  surety.  6-919; 
1912C-581;   1918C-1020. 

— amount   of  liability   of   surety.     12-436. 

— ^bankruptcy  discharge  as  affecting  lia- 
bility   of    surety    on   bond.     4-66. 

— duration  of  liability  of  surety  on  bond 
of  officer  appointed  for  definite  term, 


BONDS— Continued. 

but    for    whom    law    fixes   no    definite 
term.     5-949. 

— estoppel  of  surety  to  attack  validity  of 

appointment     or     election     of     public 

officer.     21-786. 
— extension  of   term  of  office   after  bond 

is   executed,   duration  of   liability    of 

surety.     13-1066, 

— fund  for  bonding  officers,  validity  of 
statute    establishing.     1918A-603. 

— ^judgment  against  principal  as  evidence 
against   surety.     1915D-401. 

—limitation  of  actions,  action  on  bond  as 
,  barred  where  action  against  officer  ia 
barred  by  limitation  statute.  1913E'- 
1265. 

— naming  obligee  other  than  one  desig- 
nated by  statute,  right  of  action  on. 
3-456. 

— other  officer's  neglect  or  omission  as 
affecting  liability  of  surety  on  official 
bond.    '2-170. 

— ^premium  on  bond  of  public  officer, 
validity  of  statute  providing  for  pay- 
ment by  state,  county,  etc.  1913D- 
715. 

— ^release  of  surety  from  liability,  valid- 
ity of  statute  providing  for.  1912A- 
73. 

— surety  company  as  surety,  validity  of 
statute   authorizing.     2-487. 

Eecording  officer,  liability  on  bond  for 
error  or  failure  in  indexing  record. 
20-488. 

Eeplevin,  action  on  bond  by  successful 
defendant  in  lieu  of  receiving  back 
replevied  property,  right  of.  1913E- 
1162. 

— ^breach  of  condition  to  prosecute  action, 

right  to  recover  value  of  property  in 

action  on  bond.     4-1135. 
— judgment  against  principal  as  evidence 

against   surety   on   replevin   bond.     9- 

156;   1915D-467. 

— ^recital  in  bond  as  evidence  of  value. 
18-113. 

Sheriff  or  constable,  assaiilt  committed  by 
officer,  liability  of  sureties  on  bond. 
1916D-923. 

—lynching  of  prisoner,  liability  on  bond. 
19-889;    1913D-636. 

State     bonds,     interest     liabilitv.     1914A- 

361. 
— ^liability    to    taxation    by    state.     8-26; 

12-350;  1914B-1163. 


BONUS— BOTTOMRY. 


101 


BONUS. 

FrancUse  provision  for  bonus  as  exemp- 
tion from  taxation.     4-388. 


BOOK  ACCOUNTS. 

Manner  of  pledging  or  assigning.     18-446. 


BOOKBINDERS. 

Trade,  bookbinder  as  engaged  in.  1916A- 
1199. 

BOOK  ENTRIES. 

Debtor's  entry  as  direction  to  apply  pay- 
ment.    1914C-247. 

Evidence,  necessity  that  book  of  acconnts 
offered  in  evidence  be  book  of  origi- 
nal entry.     2-842;  1917C-961. 


BOOKING  CONTRACTS. 

Theatrical    performances    or    other    public 
exhibitions.     1914B-13;  1917C-396. 


BOOKKEEPERS. 

Bookkeeper  as  engaged  in  "trade.'* 
1916A-1199. 

BOOKMAKING. 

Wlat  constitutes  within  statute  against 
gaming    or    gambling.     17-1084. 

BOOKS. 

Baggage  of  passenger.     21-732. 

Lien  of  attorney  on  book  in  Ms  posses- 
sion connected  with  litigation.  1917D- 
149. 

Loss  or  destruction,  measure  of  damages 
in  absence  of  market  value.  9-11-48; 
1917B-579. 

Public  officer,  what  books,  papers  or  in- 
struments entitled  to  retain  after  ex- 
piration  of   term.     1913B-1274. 

Trademark  or  trade  name  as  infringed  by 
similar  name.     1915B-331. 

BOOKS  OF  ACCOUNT. 

Citizen's  or  taxpayer's  right  to  inspect 
books   of    municipality.     1913E-60. 


BOOKS  OF  ACCOUNT— Continued. 

Corporations,  admissibility  of  books  or 
records  in  e\ddence  in  action  between 
members  or  between  member  and  cor- 
poration.    1917D-558. 

—right  of  director  to  inspect,  books.  17- 
837;   1914B-424. 

— stockholder's  right  to  inspect  as  abso- 
lute   or    qualified.     1913E-173. 

Evidence,  book  of  original  entry,  neces- 
sity that  book  of  account  offered  in 
evidence  be.     2-842;    1917C-961. 

> — deceased  person,  admissibility  in  evi- 
dence of  books  kept  by.     12-77. 

— duplicate  sales  slip  or  sheet  from  loose 
leaf  ledger,  admissibility  as  book  of 
account.     1914D-489. 

— private  books  and  papers  as  evidence 
of  what  they  do  not  contain.  1914B- 
1256. 

Fire  insurance,  necessity  of  exact  compli- 
ance with  iron-safe  clause  of  policy 
requiring  books  to  be  kept  and  pre- 
served. 9-467;  14-1079;  1913C-1222; 
1918E-389. 

Production  of  books,  power  of  court  to 
compel  production  of  books  of  pri- 
vate corporation  by  person  whom 
they    may    incriminate.     1912D-569. 

—right  to  compel  attorney  to  produce 
client's  books  or  papers.     1916C-64. 

Subpoena  duces  tecum,  sufficiency  of  de- 
scription of  books.     15-644. 


BOOMS. 

See  Logs  and  Logging. 


BOROUGHS. 

Village     as     synonymous     with     borough. 
1918r)-266. 


BOTTLES. 


Deadly  weapon,  bottle  as.     1912A-1334. 

Reuse  or  traffic  in  by  person  other  than 
manufacturer  or  owner,  validity  of 
statute  regulating  or  prohibiting. 
1915A  487. 


BOTTOMRY. 

See  Admiralty. 


102    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


BOUNDARIES. 

Adverse  possession,  possession  by  mistake 
of  one  intending  to  claim  only  to 
true  boundary  aa  constituting.  15- 
827;    1912A^50. 

Alteration  of  established  line  by  agree- 
ment  as  necessitating  writing.     8-85. 

Arbitration  and  award  of  disputed  bound- 
ary, parol  submission  and  award. 
19130-202. 

"At,"  legal  meaning  as  applied  to  bound- 
ary.    1912B-I0V3. 

Conclusiveness  of  proceeding  to  fix 
boundaries  upon  title  to  land.  3- 
1064. 

Deed  bounding  land  by  private  way  as 
carrying  title  to  middle  thereof.  18- 
74. 

"Define"  or  "defining,"  meaning  of  terms 
as   applied    to   boundaries.     1914B-98. 

Disparagement  by  declarations.     2-5. 

Division  fence,  validity  and  enforceabil- 
ity of  oral  contract  to  maintain. 
1912C-470. 

Drainage  districts,  alteration  or  exten- 
sion.    1915C-27,  43. 

Equity  jurisdiction  to  determine  lines. 
11-1127;    1915A-354. 

Evidence,  ancient  map  or  survey,  admis- 
sibility to  establish  boundary.  1916C- 
176. 

—deceased  former  owner's  declarations, 
admissibility  to  prove  boundaries. 
19-551. 

— declarations  of  deceased  surveyor  as 
admissible    as    to    boundary.     15-874. 

"Half,"  legal  meaning  of  word.  1913E- 
1013. 

Judicial  notice  of  boundaries,  national, 
interstate   or  county.     12-932. 

Local  option  territory,  effect  of  change 
of  boundaries  or  organization  on 
operation  of  law.     21-1017. 

Parol  agreement  establishing  line  as  af- 
fected by  statute  of  frauds.  8-83; 
16-150;    1912B-662;    1915B-728. 

School  districts,  alteration  as  affecting 
real   property   rights.     20-89. 

—extension  of  boundaries  as  affecting 
school   tax.     1915B-1152. 

State  boundaries,  concurrent  jurisdiction 
over  waters  forming  state  bound- 
aries.    16-1115;    1914D-190. 


BOUNDARIES— Continued. 

— original    jurisdiction    of    United    States 

supreme     court     in     action     affecting. 

1912C-530. 
Subdivision    of    land    into    several    tracts, 

apportionment  of  excess  or  deficiency 

found  to   exist  in  tract.     1912A-1273. 
Surveyor,    liability    for    error    in    fixing 

boundaries.     1913C-524. 
Tree    on    or    overhanging    boundary    line, 

rights      of     adjoining     land     owners. 

1918B-1157,   1171. 
Water    boundary,     change     in     course     of 

stream    as    affecting    lands    bordering 

thereon.     13-51. 


BOUNTIES.      ' 

Exemption   from   execution.     17-1191. 
Sugar   bounty,    validity   of    appropriations 

of   public    money    for   bounty.     1-935. 
War    veterans,    state    grant,    validity    of 

statute   authorizing.     1913B-953. 

BOWELS  AND  URINARY 
ORGANS. 

Injuries  affecting,  what  is  excessive  or 
inadequate  verdict.  16-43;  1913  A- 
1378;    1916B-396. 

BOWLING-ALLEYS. 

Bowling    for    the    price    of    the    game    as 

gaming.     2-619. 
Noise    arising    from    game     as    nuisance. 

1912B-429. 


BOYCOTTS. 

Acts    constituting    and    remedies.     1-177; 
9-1222;   13-86;   13-82^. 

Constitutional  liberty  of  speech  and  press 
as   authorizing  boycott.     15-7. 


BRAIN. 

Injury    to     brain,     adequacy    of    verdict. 
1916B-397. 


BRAKEMAN. 

Fellow-servant      of      engineer      of      train, 

brakeman   as.     13-1107. 
Implied     authority     to     eject     trespassers. 

1-777;  2-624;  18-892;   1914A-598. 


BRAKES— BREACH  OF  WARRANTY. 


103 


BRAKES. 

Emergency  brakes,  application  injuring 
IJassenger,  liability  of  carrier. 
1915C-764. 

Safety  brakes  on  street-cars,  validity  of 
ordinance    requiring.     1913B-660. 


BRANCH  LINES. 

Bailroad,  right  to  exercise  power  of  emi- 
nent domain  for  construction.  1914C— 
648. 


BRANCH  OFFICE 

Maintenance  as  "carrying  on  business" 
within  statutes  relating  to  jurisdic- 
tion and  service  of  process  on  foreign 
corporation.     18-34. 


BRANDS. 

Animals,  ownership  as  evidenced  by 
brands.     12^14;     18-544;     1913E-133. 

Convict  labor  goods,  validity  of  statute 
requiring  goods  to  be  so  marked. 
1913B-817. 

Food  and  drugs  branding  under  federal 
act.     21-1324. 

— proper  and  improper  branding  end 
labeling.     1915A-46. 

Union  label,  validity  of  statute  protect- 
ing use.     1912D-373. 


BRASS  KNUCKLES. 


Brass  knuckles  as  deadly  weapon. 
1333. 


1912A- 


BREACH  OF  PEACE. 

See  Assault;    Disturbing  Meeting;   Mobs; 
Eiot;    Unlawful  Assembly. 

Language  constituting  breach  of  peace. 
1917C-889. 

Malicious  prosecution  on  charge  of 
breach  of  peace,  excessiveuess  or  in- 
adequacy   of    verdict.     1916C-256. 

Prevention,  right  of  private  citizen  to 
interfere  to  prevent  breach.  1912D- 
C5. 


BREACH  OF  PROMISE  OF 
MARRIAGE. 

Accrual  of  action  on  marriage  of  prom- 
isor to  another  before  day  set.  1- 
427. 

Damages,  aggravation  by  attack  of  de- 
fendant on  plaintiff's  character.  19- 
1128. 

' — excessive  verdict,  what  is.  16-981; 
1915D-492. 

— exemplary  damages,  right  to  recover  in 
action  for  breach  of  contract  to 
marry.     1914B-319;     1915A-298. 

i — offer  by  defendant  to  marry  plaintiff, 
effect  on  damages.  20-1354;  1917A- 
652. 

— seduction  as  element  of  damages.  5- 
107;    8-917;    1914B-1200. 

Demand  for  performance  as  condition 
precedent    to    action.     18-360. 

Disease  as  defense  to  action.  12-197; 
1913E-916;     1915A-298;     1917D-1084. 

Evidence,  character  or  reputation  of 
plaintiff,  admissibility  of  evidence  in 
action   for.     1912D-963. 

— financial  circumstances  of  defendant, 
admissibility  of  evidence.     20-1265. 

— preparations  for  marriage  as  corrobora- 
tive evidence  of  promise  to  marry. 
1915C-138. 

— understanding  of  family  or  friends  of 
party  as  evidence  of  agreement  to 
marry.     1916C-564. 

Implied  contract  as  actionable.  1914C- 
1097. 

Judgment  as  affected  by  discharge  in 
bankruptcy.     3-170;     12-1011. 

Married  person,  validity  of  promise  of 
marriage  by  or  to.  14-162;  1914 A- 
695. 

Eeturn  of  property  given  in  contempla- 
tion of  marriage,  right  on  breach  of 
contract.     19-538. 

Survival  of  cause  of  action.     10-725. 

BREACH  OF  RULES. 

Workmen's  compensation,  accident  in- 
curred during  breach  of  rules  as  aris- 
ing in  course  of  employment  within 
meaning  of  act.  1913C-i5,  17,  18,  19, 
20. 

BREACH  OF  WARRANTY. 

See  Warranty. 


104    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


BREAD. 

Manufacture  or  sale,  validity  of  statute 
or  ordinance  regulating.  17-617; 
1914B-287. 


BREAKING  DOORS. 

Officer's  right  in  making  arrest  without 
warrant  on  suspicion  of  felony. 
1912B-574. 

Private  citizen's  right  in  prevention  of 
breach  of   peace.     1912D-67. 


BREAKING  OUT  OF 
BUILDING. 

Whether  taking  property  of  another  in 
breaking  out  of  building  constitutes 
burglary.     1916B-537. 

BREAST  OR  CHEST. 

Inadequacy  of  verdict  for  injuries. 
1916B-397. 

BREEDING. 

Animals,  breeding  of.     1916A-564,   588. 
— ^implied  warranty  of  fitness  for   breed- 
ing  purposes.     19-874. 


BRIBERY. 

Attempt  to  bribe  and  bribery,  distinction 
between.     1916A-816. 

Cruel  and  unusual  punishment  for  brib- 
ery.    19-731. 

Elections,  constitutional  or  statutory  pro- 
vision against  bribery  as  applicable 
to  primary  election.     16-252. 

— ^promise  to  do  certain  things  after  elec- 
tion as  bribery  of  electors.  11-566; 
1918A-888. 

Indictment  or  information,  value  of  thing 
offered  or  received  as  bribe,  suffi- 
ciency with  respect  to  allegation. 
1918A-314. 

Inducement  to  commit  offense  with  view 
to  prosecution  as  defense.  17-295; 
1916C-730. 

Juror,  attempt  to  bribe  as  contempt.     15- 
-     747. 

Labor  payment  of  benefits  to  strikers  as 
constituting    bribery.     8-804. 


BRIBERY— Continued. 

Other  crimes,  proof  in  prosecution  for 
bribery.     15-195;    1915I>-181. 

Public  officer,  effect  on  question  of  brib- 
ery that  act  for  which  bribe  is  taken 
or  offered  is  beyond  his  power  or 
jurisdiction.     14—246. 

Witness,  bribery  es  crime  for  which  wit- 
ness  may   be   impeached.     1916A-276. 


BRICKS. 

Brick-kiln  as  included  within  term  "out- 
house" or  "out-building."  1912D- 
1195. 

— when  constitutes  nuisance.     1917E-420. 

State  or  municipal  regulation  of  manu- 
facture ,of   bricks.     1917B-931. 


BRIDGES. 

Abutting    owner's    right    to    erect    bridge 

over    street.     17-246. 
Approach  as  part   of   bridge.     1912B-792. 

Construction  work,  master's  duty  and  lia- 
bility to  servant  engaged  in  work  on 
bridge.     21-763. 

Ferry  franchise  as  infringed  by  construc- 
tion of  bridge.     12-255. 

Gift  for  construction  or  maintenance  as 
valid    charitable    gift.     1914A-1218. 

Independent  contractor,  person  contract- 
ing for  construction  of  bridge  as. 
1918C-654. 

— test  by  character  of  employment.  19- 
21. 

Injury  caused  by  vessel,  liability.  1917B- 
938. 

Location,  meaning  of  word  "near." 
1913D-118. 

Maintenance  of  bridge  on  highway  not 
erected  by  highway  authorities,  duty 
to    maintain.     1914A-o50. 

Municipal  liability  in  respect  to  mainte- 
nance  and   operation.     15-833. 

Eailroads,  construction  over  public  canal 
or  highway,  duty  of  railroad  to  erect 
at   own   expense.     1912D-1036. 

— crossing  highway  by  bridge,  duty  to 
maintain  roadway  below  in  safe  con- 
dition.    191SD-198. 

— implied  license  of  railroad  to  use  as 
highway.     2-551. 


BRIEFS  OF  COUNSEL— BROKERS. 


105 


BRIDGES — Continued. 

— injury  to  person  other  than  servant  on 
bridge,  liability  of  railroad.  1914D- 
1210. 

— repair  of  bridge  within  municipal 
limits,  power  of  municipality  to  com- 
pel railroad  or  street  railway  to  re- 
pair.    1916C-1171. 

Statutes  relating  to  bridges,  effect  of  par- 
tial  invalidity.     1916D-58, 

Taxation  of  interstate  and  intercounty 
bridges.     18-716, 

Toll   bridge,    duty    of   proprietor   to    keep 

bridge    in    safe    condition   for    travel. 

11-1198. 
— purchase  by  municipality,  compensation 

payable.     1915B-1780. 
— right    of    county   or   other    municipality 

to    collect    tolls    on    bridge    under   its 

control.     1914D-515. 

Traction  engines  using  bridge,  statutory 
conditions  with  respect  to.  15-1076; 
1917E-802. 


BRIEFS  OF  COUNSEL. 

Expense  of  printing,  personal  liability  of 
attorney.     1917B-525. 

Failure  to  file  in  appellate   court,   effect. 
1914A^85. 

Scandalous    or    disrespectful    language    in 
brief,  action   court   will   take.     9-166. 


BROKERS. 


1.  In  General. 

2.  Eeai  Estate  Brokers. 

A.  Gexerally. 

B.  Commissions. 

3.  Stock  Brokers. 

4.  Insiirance  Brokers. 

5.  Loan  Brokers. 


1.    In  General. 


Collateral  oral  agreement  as  admissible 
to  vary  terms  of  brokerage  contract. 
1914A-458. 

Dealer,  broker  buying  or  selling  for 
future  delivery  as  "dealer."  1917A- 
952. 

Distinction  between  brokers  and  factors. 
1913C-1018. 

Future  delivery,  admiseibility  of  evidence 
of  other  transactions  on  issue  whether 
contract    is    for.     1914D-87. 


BROKEBS— Continued. 

— broker  buying  or  selling  for  future 
delivery   as   "dealer."     17-952. 

— interstate  commerce  act  as  applicable 
to  dealings  in  futures.     14-1034. 

Marriage   brokerage   contracts.     1-696. 

Merchandise,  payment  to  as  discharging 
purchaser.     14-804. 

— right  of  agent  for  sale  of  goods  to  com- 
mission where  buyer  rejects  goods  or 
fails  to  pay.     191*5B-169. 

Misappropriation  of  funds  by  agent  for 
both  borrower  and  lender,  who  bears 
loss.     1913C-468. 

Process,  broker  as  agent  within  statute 
for  service  of  process  on  foreign  cor- 
poration.    19-203;    1914D-988. 

Taxation  on  interstate  business  as  inter- 
ference with  interstate  commerce. 
2-702. 

Theater  tickets,  validity  of  statutes  pro- 
hibiting scalping.     9-749. 

Ticket  brokerage,  validity  and  effect  of 
statutes   prohibiting.     6-873;    8-649. 

— injunction  to  prevent  buying  and  sell- 
ing of  nontransferable  tickets.  12- 
700;   1913B-460. 

Witness,  information  acquired  by  broker 
as  privileged  from  disclosure.  19160— 
703. 

2.    Real  Estate  Brokers. 

A.    Genebally. 

Contract  of  sale,  power  of  broker  to 
make.     8-851;    1917A-522, 

— validity  of  contract  executed  under  ex- 
press authority  but  containing  terms 
not  expressly  authorized.  1914D- 
1087. 

Damages  for  breach  of  contract,  liability 
of  broker  for  owner's  refusal  to  con- 
vey.    2-636. 

— right  of  broker  to  recover  from  pur- 
chaser procured  by  him  on  breach  of 
contract   to  purchase.     11-476. 

Options,  broker  given  option  to  purchase, 
rights  of  parties  to  contract  employ- 
ing broker  to  find  purchaser  of 
realty.     1914D-1205. 

— power  to  option  not  included  within 
power    to    sell.     2-423;    1914C-366. 

Eevocation  of  authority  of  real  estate 
broker.     2-8S6;     12-1085;     1918D-339. 


106     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


BBOKEBS — Continued. 

B.    Commissions. 

Amount  of  compenaation  where  contract 
fails   to   fix   rate.     1912A-1267. 

Breach  of  contract  to  sell  on  commission, 
recovery  of  profits  as  damages.  6- 
976;   10-654. 

Broker  himself  purchasing  property,  right 
to   commission   on   sale.     1912A-202. 

Failure  of  purchaser  to  comply  with  bind- 
ing contract  of  sale,  right  of  broker 
to  commission.     11-786. 

Illegal  contracts  as  to  compensation  by 
agents  of  vendor  or  vendee.  1-573; 
1917A-511. 

Implied  contract  to  pay  commission  for 
sale,  lease  or  mortgage  of  real  estate. 
1918C-1064. 

Joint  contract  of  buyer  and  seller  to  pay 
commissions,  liability  thereunder. 
1918B-180. 

Less  than  stipulated  price  accepted  by 
owner,  right  of  broker  to  commission 
and  amount  thereof.  1913E-784; 
1914C-138. 

Liability  of  person  employing  broker  as 
dependent  on  principal's  interest  in 
property.     1913E^342. 

Licenses,  failure  to  procure  statutory 
license  as  affecting  right  of  recovery. 
5-8-97;    1912D-378. 

More  than  stipulated  price  received  by 
ow^e^,  right  of  broker  to  commission. 
1914C-136. 

Oral  contract  of  employment,  right  to 
recover  commission  where  statute  re- 
quires written  contract.  13-977; 
1915A-1133. 

Owner  making  sale,  right  of  broker  to 
commissions.     9-433;    1913I>-821. 

Part  of  property  sold,  right  of  broker  to 
commission.     1915C-8S5. 

Sale,  lease,  etc.,  defeated  ■  by  act  of 
owner,  right  of  broker  to  compensa- 
tion.    2-184;  20-1024. 

Several  brokers  intrusted  with  sale  of 
same  property  right  to  commission  as 
between.     15-766;   1916B-978. 

Terms  of  sale,  right  of  broker  to  commis- 
sion on  procuring  person  willing  to 
purchase  on  different  terms  as  to  pay- 
ment.    19-1048. 

Time  for  payment  of  commission.  1914D- 
395. 


BROKERS — Continued. 

Written  contract  for  commission  for  sale 
of  realty,  validity  of  statute  requir- 
ing.    1913C-727. 

3.     Stock  Brokers. 

Frauds,  statute  of,  buying  and  selling 
corporate  stock  for  principals  as 
within  statute.     7-932. 

Lien  of  stock  broker  on  stock  procured 
by  him  for  customer.     21-743. 

Margins,  stock  carried  on  margin,  owner- 
ship as  between  broker  and  customer. 
14-986. 

Pledge  of  stock  carried  on  margin,  right 
of  broker  to  pledge.     1912B-563. 

— duty  to  account  for  pledged  stock. 
1915B-918;   1917A-434. 

^-flale  of  pledged  stock  "on  the  curb"  as 
constituting    conversion*     6-107. 

Stock  broker  and  customer,  rights  and 
duties  inter  se.     1915B-907. 

4.    Insurajice  Brokers. 

Agent    acting    as    broker    in    procurement 

of     insurance,     as     constituting     him 

agent  of  insured.     20-1234. 
— commissions  on  renewal  premiums,  right 

after  termination  of  agency.     1912A- 

529. 

Broker  as  agent  whose  knowledge  is  im- 
putable  to   company.     1913A-853. 

5.    Loan   Brokers. 

Performance  entitling  loan  broker  to  com- 
mission, what  constitutes.  1918C- 
609. 

State  or  municipal  regulation  of  personal 
property    loan    brokers.     1916E-618. 


BROTHERS  AND  SISTERS. 

Death  by  wrongful  act,  inadequacy  of 
verdict  in  action  by  brother  or  sister. 
1916B-467,   468. 

Half-brother  and  half-sister  as  "brother" 
and  "sister."     9-140. 

Illegitimate  brothers  and  sisters,  succes- 
sion  between.     16-987. 

Insurable  interest  of  brother  or  sister  in 
life   of  other.     1914C-284. 

Libel  and  slander,  communications  be- 
tween brothers  as  privileged.  191 7E- 
897. 


BRUISES— BUILDING  AND  WORKING  CONTRACTS. 


107 


BSOTHEBS  AND  SISTERS— Continued. 

Services  rendered  aa  members  of  same 
family,  implied  contract  to  pay  for, 
8-203. 

Workmen's  compensation,  brother  as  de- 
pendent.    1918B-759. 


BRUISES. 

Excessiveness  or  inadequacy  of  verdict 
in  action  for  injuries.  16-41;  1916B- 
398. 


BRUSHES. 

Trademark  or  trade  name  as  infringed  by 
similar  name.     1915B-333,   369. 


BRUSH  LOTS. 

Changing  pasture  into  brush  lot  as  waste. 
1918D-543. 


BUELDINQ  AND  IK>AN  ASSOCIATIONS 

— Continued. 

Loans,  to  whom  may  be  made.  1917E- 
590. 

Membership  in  association,  what  consti- 
tutes.    1-796. 

—withdrawal  from  association,  right  of. 
8-835. 

Mortgages  against  borrowing  members, 
necessity  for  payment  on  dissolution. 
10-391. 

Eeceiver,  appointment  for  building  and 
loan  association,     1917A-877, 

Usury,  exemption  from  usury  laws,  con- 
stitutionality of  statutes  providing, 
2-996;    20-1252;    1916E-232. 

*— laws  governing  contracts  of  building 
and  loan  associations  with  respect  to 
usury.     1-241;   14-736. 

> — ^loan  contract  as  usurious  in  absence 
of    statute.     1914C-1305. 

What  is  building  and  loan  association. 
1914A-697. 


BUCKET-SHOPS. 

Gaming  statutes  as  applicable  to  bucket- 
shop.     17-709. 

Eight  of  equitable  relief  for  refusal  of 
telegraph  company  to  furnish  stock 
quotations.     6-887. 


BUCKLING  RAILS. 

Liability  of  carrier  for  injury  to  passen- 
ger for  injuries  resulting  from  de- 
railment of  train  caused  thereby. 
1913D-211. 


BUILDING  AND  LOAN 
ASSOCIATIONS. 

Assignability  of  debt  owing  by  member 
to   association.     1914D-1153. 

Dissolution,  mode  of  settlement  with  bor- 
rowing members  on  premature  disso- 
lution. 4-1080;  7-318;  10-391;  1914B- 
1269. 

Dues,  waiver  of  by-law  specifying  person 
to  whom  and  time  and  place  at  which 
dues  are  to  be  paid.     3-731. 

Fraud,  avoidance  of  building  and  loan 
contract     on    ground     of.     1917A-890. 

Interest  paid  by  member,  right  to  re- 
cover   usurious   interest.     1-421. 


BUILDING  AND  WORKING 
CONTRACTS. 

Acceptance  waiving  nonperformance  of 
working  contract,  use  of  structure  or 
work  by  owner  as  constituting.  15- 
972. 

Action  for  work  performed  under  work- 
ing contract,  necessity  of  pleading 
excuse  for  nonproduction  of  archi- 
tect's or  engineer's  certificate  made 
condition  precedent  to  right  to  re- 
quire payment.     5-721;   19-905. 

Alterations  or  modifications,  validity  and 
construction  of  provision  in  contract 
permitting.     1915D-758. 

Architect's  or  engineer's  decision  under 
working  contract,  conclusiveness. 
10-575;  1913A-180. 

Assignment  of  proceeds  of  contract  by 
building  contractor,  subcontractor  or 
materialman.  1918D-609,  642,  644, 
650. 

Attachment  of  materials  furnished  to  be 
used  in  construction  of  building,  lia- 
bility at  suit  of  contractor's  creditor. 
1913A-876 

Bond  given  by  contractor  to  property 
owner,  right  of  one  furnishing  labor 
or   material    to   sue   on.     1916A-754. 

— surety  as  released  by  premature  pay- 
ment to  principal.  2-766;  8-245; 
1915C-674. 


108    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


BUILDING  AND  WORKING  CON- 
TBACTS — Continued. 

Collateral  oral  agreement,  supplementing 
building  contract  by  proof  of.  1914A- 
457. 

Compensation,  enforceability  of  promise 
of  extra  compensation  to  contractor 
who  refuses  to  complete  working  con- 
tract.    14-499. 

Construction  of  contract  in  connection 
with  plans  and  specifications.  1913C- 
224. 

— ^provision  that  work  must  be  satis- 
factory  to   owner.     1913D-629. 

Defective  work,  measure  of  damages 
under    building    contract.     1913B-781. 

Destruction  of  building  as  excuse  for 
nonperformance.     1-467. 

— without  fault  of  either  owner  or  con- 
tractor, right  of  contractor  to  recover 
for  work  performed  in  erection  or  re- 
pair of  building.     1913A-458. 

Evidence,  expert,  competency  to  testify 
as  to  whether  construction  work  was 
properly    done.     1912D-903. 

Extra  work  ordered  by  architect  but  not 
ordered  in  express  manner  provided 
by  working  contract,  right  of  con- 
tractor to  recover  for.     7-213;   17-81. 

Implied  agreement  of  contractor  to  per- 
form work  in  accordance  with  pro- 
visions of  statute  or  ordinance. 
1913D-467. 

Insurance,  failure  of  owner  to  insure 
building  in  accordance  with  contract, 
effect  on  rights  of  parties  or  their 
sureties.     1914C-336. 

— ^insurable  Interest  of  contractor  in 
building  under  construction.  1915B- 
1099. 

Loan  of  money  to  contractor  as  giving 
right  to  mechanic's  lien  or  to  re- 
covery on  contractor's  bond.  1918D- 
352. 

Mechanics'  liens,  foreclosure,  principal 
contractor  as  necessary  party  defend- 
ant.    1918B-6. 

— stipulation  in  contract  against  mechan- 
ics' liens  as  precluding  contractor 
from  filing  lien.     1913E-562. 

— subcontractor,  effect  of  stipulation 
against  lien  in  building  contract. 
14-144. 

Municipal  contract,  laborer  or  material- 
man's right  of  action  against  city  as 
eivcn  under   statute  or   ordinance  re- 


BUILDING  AND  WORKING  CON- 
TRACTS—Continued. 

quiring  public  contractor  to  pay  all 
claims  before  settlement.  1915B- 
868. 

Paramount  public  interest  as  modifying 
rule  that  where  parties  are  in  pari 
delicto  court  will  aid  neither.  1913D- 
772. 

Personal  representative  of  contractor  as 
bound  by  obligations  of  contract. 
1912A-420. 

Eescission,  notice  to  complete  as  condi- 
tion precedent  to  right  to  rescind 
contract  for  delay.     1914D-2S6. 

— right  of  building  contractor  to  rescind 
for  failure  of  owner  to  make  pay- 
ment.    1916C-54. 

Specific  performance  of  construction  con- 
tract or  contract  to  repair.  9-160; 
1913A-923. 

Strike  as  excusing  performance  of  con- 
tract.    12-313. 

Theater  construction,  contract  for.  1914B- 
16. 

Written  matter  as  controlling  printed 
matter  in  construction  of  contract. 
1913E-963. 


BUILDINa  LANDS. 

Changing   meadow   into   building   land    as 
waste.     1918D-545. 


BUILDING  MATERIAL. 

Attachment,  liability  to  attachment  at 
suit  of  contractor's  creditor.  1913A- 
876. 

Storage  in  street,  duty  of  abutting  owner 
as  to  safeguarding  and  removal.  2- 
503;   10-918. 


BUILDING  PERMITS. 

Validity  of  ordinance  requiring.     13-1187. 

BUILDING     RESTRIC- 
TIONS. 

Basement,  restriction  against  erection  of 
building  less  than  certain  distance 
from  front  line  of  premises  as  appli- 
cable to  baseiiient.     1914A-6. 


BUILDINGS. 


109 


BUILDING   RESTRICTIONS— Continued. 

Boarding-houses,  construction  of  restric- 
tion with  respect  to.     1912D-479. 

Business  oflfensive  to  neighborhood,  re- 
striction prohibiting  erection  of 
building   for,    construction.     11-173. 

Cancellation  of  covenant  in  deed  as  cloud 
on  title,  power  of  court  of  equity. 
1912A-765. 

Construction  of  provision  relating  to. 
1912D-480. 

Disregard  of  building  line  or  restriction 
as  affecting  right  to  compel  others  to 
observe  it.     1913D-428. 

Dwelling-house,  construction  of  covenant 
in  deed  restricting  building  on  prem- 
ises to  use  as  dwelling-house.  I912D- 
477;    1915A-il9. 

Enforcement  of  restriction  by  purchaser 
under  general  plan  against  another 
purchaser,  right  of.  14-1021;  1913E- 
822. 

— complainant's  right  to  enforce  as  de- 
pendent on  his  being  damaged  by 
violation  thereof.     1914A-904. 

— right  of  enforcement  as  dependent  on 
meaning  of  covenant  being  clear. 
1912A-80. 

Existence  of  restriction  as  breach  of  cove- 
nant against  encumbrances.  1913B- 
1066. 

Front  line  of  premises,  construction  of 
restriction  that  building  shall  be 
erected  not  lesS  than  certain  distance 
from   front  line.     1914A-3. 

Frauds,  statute  of,  validity  within  stat- 
ute of  agreement  by  vendor  of  prop- 
erty that  he  will  impose  similar  re- 
strictions on  property  subsequently 
sold.     1914A-434. 

Garage,  construction  of  building  restric- 
tion as  applicable  to  erection  .  of 
garage.     1912D-480. 

— restriction  against  erection  of  building 
less  than  certain  distance  from  front 
line  of  premises  as  applicable  to 
garage.     1914A-12. 

Injunction  against  establishment  of  in- 
dustry where  required  consent  of 
property  owners  has  not  been  ob- 
tained, right  of  property  owner 
within   prescribed  radius.     1914A-979. 

Public  or  public  service  corporation  as 
bound  by  building  restriction  or  re- 
strictive agreement.     1918B-591. 


BUILDING  RESTRICTIONS— Continued. 

Signboard  or  billboard,  erection  as  viola- 
tion of  covenant  against  offensive 
trade  or  business  or  similar  covenant. 
16-225. 

Stable,  covenant  in  deed  restricting  build- 
ing on  premises  to  use  as  dwelling- 
house  as  applicable  to  stable.  1912I>- 
482. 

"Waiver  of  restrictive  agreements  by  ac- 
quiescence in  violation  thereof.  1— 
603;    14-760;    1915B-147. 


BUILDINGS. 

Adverse  possession  of  part  of  building  as 
giving  title  to  such   portion.     12-870. 

Alteration  by  tenant  for  years  as  waste. 
1912C-392. 

Arson,  unfinished  dwelling-house  as 
within  law  of  arson.     15—547. 

Building  lines,  validity  of  legislation  es- 
tablishing.    19-188;   1914B-194. 

Burglary,  sufiiciency  of  indictment  with 
respect  to  description  of  building. 
1913D-867. 

Collapse,  liability  of  owner  for  injuries 
caused.     18-5;    1917A-478. 

Control  of  erection  or  repair  as  matter 
within  discretion  of  municipal  offi- 
cials.    6-750. 

Destruction  pending  executory  contract 
of  sale  of  land,  rights  of  parties.  9- 
1055;   18-296;  1913E-304. 

• — ^public  authorities  destroying  building, 
right    to    compensation.     1913C-599. 

Dower  lands,  duty  of  tenant  in  dower  to 
repair    building.     1912B-1215. 

Excavation  by  adjoining  land  owner  on 
own  premises,  liability  for  injury  re- 
sulting to  building.  21-15;  1917A- 
352. 

Fallen  building  clause  in  fire  insurance 
policy,   construction.     18-580. 

Fire  apparatus,  validity  of  statute  or 
ordinance  requiring  private  buildings 
to  be  equipped  with.     1916B-516. 

Fire-escapes,  duty  to  maintain.  9-1160; 
1913E-777;    {916E-629. 

Fire  limits,  ordinance  forbidding  erection 
of  buildings  within  construction.  18- 
183. 

— removal  of  erections  within  fire  limits, 
power  of  municipality.     9-292. 


110    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


BUELDINGS— Continued. 

— right  of  municipality  to  enjoin  viola- 
tion of  ordinance  prohibiting  erec- 
tion of  wooden  building  within  fire 
limits.     1916C-965. 

Frauds,  statute  of,  contract  for  sale  of 
building  as  contract  for  sale  of 
realty    within    statute.     1916D-970. 

— contract  to  supply  material  and  work 
upon  building  as  within  statute.  19- 
1303. 

Gras  escaping  from  pipes,  injuring  build- 
ing, liability  of  gas  company.  1914C- 
361. 

Gift  for  public  buildings  as  valid  chari- 
table gift.     1914A-1218. 

Height,  validity  of  statute  or  ordinance 
limiting.     15-1051. 

Independent  contractors  in  building  work, 

who  are.     1918C-654. 
^-test  by  chara&ter   of   employment.     19- 

21. 

Injunction  against  erection  on  ground  use 
will  constitute  nuisance.     2-254. 

Insurable  interest  of  contractor  in  build- 
ing   under    construction.     1915B-1099. 

Lease  of  part  of  building  as  affected  by 
destruction  or  injury  of  building.  9- 
107. 

Mechanics'  liens,  building  distinct  from 
lan-d  on  which  located  as  subject  to. 
2-689. 

— character  of  structures  subject  to  lien. 
1912B-7. 

— destruction  or  removal  of  building,  ex- 
tension of  lien  to  land.  1913A-943; 
1914D-681. 

Moving  buildings,  use  of  streets  for.  1- 
114;    11-639;    19170-77. 

Municipal  building  in  street,  right  of 
municipality  to  erect.  12-24;  21- 
1072. 

Out-building  or  outhouse,  meaning  of 
term.     1912D-1193. 

Parks  and  squares,  erection  of  buildings 
in.     11-468;    21-141;    1918E-489. 

Permit  to  erect  or  repair  building  within 
city,  validity  of  ordinance  requiring. 
13-1187. 

Public  building,  location  of,  validity  of 
contract   influencing.     8-484. 

— site  for  public  building,  power  of 
United  States  to  condemn  land  for. 
1918E-44. 


BUILDINGS— Continued. 

Eealty  or  personalty,  building  placed  on 
land  of  another  by  permission,  as 
realty  or  personalty  in  absence  of 
agreement  respecting  subsequent 
ownership.     12-1088. 

— fixing    character   by   agreement.     1-312. 

Shoring  building  as  justification  for  tres- 
pass   on    adjoining    land.     15-1155. 

Taxation,  buildings  within  exemption  of 
educational    institutions.     10-671. 

Theaters  or  other  places  of  amusement, 
right  to  compel  proprietor  to  furnish 
fire  or  police  protection  at  own  ex- 
pense.    20-361;    1916A-1183. 

Unfinished  structure  as  included  under 
term   "building."     1915D-1156. 

Unoccupied  or  occupied,  with  reference 
to  fire  insurance  policy.     1912D-82. 

Unsafe  condition  of  building  maintained 
for  public  use  or  amusement,  liabil- 
ity  of   municipality.     1918D-115. 

Workmen's  Compensation  Act  as  appli- 
cable to  employment  in  construction, 
repair  or  demolition  of  buildings. 
1917D-14. 


BULK  SALE  ACTS. 

Chattel  mortgage,  execution  as  violation 
of  Sales  in  Bulk  Act.     12-345. 

Conditional  sale  of  goods  to  retailer  for 
purpose  of  resale, "  effect  as  to  third 
persons.     1916A-91. 

Constitutionality  of  statute  prohibiting 
sales  of  merchandise  in  bulk.  1-557; 
8-452;  9-234,  252;  1912C-706;  1914C- 
713;  1915C-414;  1917B-275;  1918A- 
271. 

Conveyance  to  creditor  in  payment  of 
debt  as  sale  under  statute  prohibit- 
ing sales  of  merchandise  in  bulk.  9- 
332. 

"Goods,  wares  and  merchandise,"  mean- 
ing of  term  within  Sales  in  Bulk 
Acts.     5-800. 

Part  interest  in  business  sold  to  partner 
or  for  creation  of  partnership  as 
within    law.     1914B-1105. 

Presumption  of  fraud  and  invalidity,  con- 
struction of  statute.  1913C-1214; 
1915D-79. 

Eemedies  of  creditor  for  violation  of  law. 
1916C-928. 


BUNCH  OF  KEYS— BURGLARY  INSURANCE. 


Ill 


BUNCH  OF  KEYS. 

Name   thereon   as  evidence   of   ownership. 
1915D-356. 

BURDEN  OF  PROOF. 

See  Evidence  generally,  and  special  heads. 

BURGLAR-ALARM. 

Liability  of  company  maintaining  system 
for   negligence.     1915D-1187. 


BURGLARY. 

1.  In  General. 

2.  Crime  and  Defenses. 

3.  Indictment  and  Proof. 

See  Larceny;   Receiving  Stolen.  Property; 
Robbery. 


1.    In  General. 

Automobile  insurance,  construction  of  policy 
with  respect  to  loss  by  burglary.  1915A- 
629. 

Bailment,  liability  of  bailee  for  loss  by 
burglary.     4-1085. 

Bililding  within  law  of  burglary  as  in- 
cluding unfinished  structure.  1915D- 
1156. 

Cruel  and  unusual  punishment,  what  is. 
19-728;    1918B-398. 

Killing  burglar  or  supposed  burglar,  civil 
liability.     1914B-581. 

Malicious  prosecution  on  charge  of  bur- 
glary, excessiveness  or  inadequacy  of 
verdict.     1916C-256. 

"Outhouse"  or  "out-building,"  meaning  of 
terms  within  law  of  burglary. 
1912&-1193. 

Receiver  of  stolen  goods  as  accessory   or 
.  accomplice    of    thief.     20-594. 

Witness,  burglary  as  crime  for  con\de- 
tion  of  which  witness  may  be  im- 
peached.    1916A-276. 


2.    Crime  and  Defenses. 

Breaking  out  of  building  aa  burglary. 
1916B-537. 

Constructive  breaking  within  statutory  or 
common-law  burglary  or  housebreak- 
ing.    15-1023. 

Drunkenness,  effect  on  intent  to  commit 
crime.     1913C-521. 


BURGLARY — Continued. 

Employee  of  owner,  unauthorized  entry 
of  premises  as  burglarious  entry. 
1916E-534. 

Inducement  to  commit  offense  with  view 
to  prosecution  as  defense.  17-296; 
1916C-730. 

Intent    as    element    of    crime.     1913C-517. 

Opening,  sufficiently  to  gain  entrance, 
door  or  window  partly  open  as  bur- 
glary.    15-929;    1916C-320. 

— screen  door  or  window,  burglary  by 
opening.     15-932. 

S.    Indictment  and  Proof. 

Burial  vault,  sufficiency  of  description  in 
indictment.     1913I>-876. 

Conspiracy  to  commit,  sufficiency  of  alle- 
gations of  indictment  as  to  object  of 
an.d    means    of    committing.     21-46. 

Corporations,  necessity  that  indictment 
or  information  for  burglary  from  corr 
poration  should  allege  fact  of  incor- 
poration.    12-683. 

Description  of  building,  sufficiency  of  in- 
dictment with  respect  to.     1913D-867, 

Form  of  indictment,  construction  of  stat- 
ute   prescribing.     1918C-558. 

Other  burglaries,  proof  upon  prosecution. 
16-669. 

Ownership  of  building  entered,  necessity 
of   alleging   in   indictment.     5-1011. 

Possession  of  stolen  property  as  evidence 
of  burglary.     19-1281. 

Variance  between  indictment  and  proof 
as  to  ownership  of  goods  stolen  or 
intended  to  be  stolen,  effect.  1912C- 
116. 


BURGLARY    INSURANCE. 

Account-books,  necessity  of  keeping  under 
policy    provisions.     1918E-393. 

Action  on  policy.     1913C-1180. 

Damages  recoverable  in  action  on  policy. 
1913C-1181. 

Evidence    in    action    on    policy.     1913C- 
1180. 

False    representations,    effect    on    liability 
under  policy.     1913C-1179. 

Pleading    in    action     on    policy.     1913C- 

IISO. 


112    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


BURGLARY  INSTJRANCE— Continued. 

Right  of  general  insurance  company  to 
insure   against  burglary.     IQlSC-llTG. 

Subrogation  of  insurer  to  rights  of  in- 
sured.    1913C-1180. 


BURIAL  INSURANCE. 

Undertaker's  contract  for  burial  as  con- 
stituting insurance  contract.  1916C- 
1016. 


BURIAL  LOT. 

Bequest  for  purchase  or  care,  validity. 
15-606. 

BURIAL  OF  DEAD. 

Cemeteries,  right  to  refuse  privileges  to 
applicant.     1914B-280. 

Crematories,  state  or  municipal  regula- 
tion.    1915C-807. 

Expenses  of  burial,  liability  of  parent  for 
burial  of  child.     1913E-929. 

Husband  or  wife,  liability  of  one  spouse 
for  funeral  expenses  of  other.  7-172; 
18-856. 

Regulations  or  restrictions  as  to  burial  of 
dead,  validity  of  state  or  municipal. 
14-1085. 

Right  of  burial,  removal  and  reinter- 
ment of  dead  bodies.  3-132;  14-470; 
1912D-1240;  1918D-733. 

BURNINa  OF  BUILDING. 

Accident  insurance,  construction  of  phrase 
in  policy  relating  to  injury  "caused 
by  burning  of  building."  1913A-554; 
1917C-410. 

BURNS. 

Excessiveness  or  inadequacy  of  verdict  in 
action   for   burns.     16-42;    1916B-402. 

Workmen's  compensation,  injury  from 
burns  as  accident  arising  out  of  and 
in  course  of  employment.     1914B-500. 

X-ray,  causing  burns,  liability  of  physi- 
cian.    1912C-1124;    1918E-25S. 


BURNT  RECORDS. 

Action   to  recover  on  burnt   record,  right 
to  jury  trial.     1912D-246. 

Effect   of  burning  as   to   recorded  instru- 
ment.    20-34. 


BUSINESS. 

See   Licenses;    Monopolies. 

Apprehended  injury  to  business,  payment 
to  prevent  as  payment  under  duress. 
2-825;    1918B-516. 

Banking,  what  constitutes  doing  banking 
business.     18-829. 

Basement  or  room  underground,  validity 
of  statute  regulating  conducting  of 
business  therein.     1914A-1132. 

"Carrying  on  business,"  meaning  of  term 
as  used  in  statutes.     18-32. 

— residential  district,  validity  of  munici- 
pal ordinance  prohibiting  carrying  on 
business    within.     1914A-132. 

! — what  constitutes  within  covenant  not 
to  carry  on  similar  business  within 
prescribed   limits.     1915A-381. 

Closing  place  of  business  (other  than 
liquor  saloon),  validity  of  statute  or 
ordinance  requiring  to  close  at  cer- 
tain hour.     1915A-1097;   1918IK200. 

Conspiracy  to  injure  trade  or  business  of 
another.     1-508. 

— sufficiency  of  indictment  as  to  allega- 
tion of  object  and  means  of  injuring 
person  in  business.     21-44. 

Decedent's  business,  carrying  on  as  di- 
rected by  will,  liability  of  entire  es- 
tate for  debts  contracted.  1915C- 
367. 

— continuing  business  of  decedent  as 
charging  person  as  executor  de  son 
tort.     1917E-19. 

i— executor  or  administrator  carrying  on 
business  without  authority,  personal 
Uability.     1912B-728. 

Eminent  domain  proceedings,  injury  to 
business  as  element  of  damages. 
1918B-869. 

Execution  sale,  injury  to  business  as 
ground  for  injunction  against. 
1918C-211. 

Foreign  corporations,  license  tax  imposed 
for  doing  business  in  state,  validity. 
3-632;  1913C-812;  1916C-1248; 

1918C-620. 

— what  constitutes  doing  business  within 
state.  2-307;  8-942;  11-320;  1912A- 
553;  1913E-1154;  1916E-417;  1918C- 
539. 

Goodwill,  creditor's  bill  as  reaching  good- 
will  of  business.     1914D-961. 

— damages  recoverable  for  injury  to  good- 
will of  business.     1914B-879. 


BUTCHERS— BUYING. 


113 


BUSINESS— Continued. 

— distinction  between  goodwill  and 
profits.     20-691. 

— partner's  right  to  dispose  of  firm's  good- 
will.    20-582. 

— sale  of  business  as  passing  goodwill 
without  mention.  18-433;  1917  A- 
1015. 

— vendor's  rights  as  affected  by  sale  of 
goodwill  in  business.  11-573;  21- 
427;   1914B-587. 

Interchange  of  business  between  public 
service  corporations,  validity  of  con- 
tract.    1914B-262. 

Interstate  commerce,  state  taxation  of 
business  as  attempted  regulation.  2- 
701. 

Landlord  and  tenant,  breach  of  landlord's 
covenant  to  repair,  injury  to  tenant's 
business  as  element  of  damages.  15- 
564. 

— wrongful  eviction,  injury  to  business 
and  loss  of  profits  as  element  of  dam- 
ages.    6-460;    1912A-860. 

Libelous  imputation  affecting  one  in  busi- 
ness, excessiveness  of  verdict.  1913B- 
702;  1916D-1176. 

Licenses,  burden  of  proof  as  to  whether 
person  is  duly  licensed  to  do  busi- 
ness, other  than  sale  of  liquor. 
1915B-416. 

— prohibited  business,  right  to  collect  li- 
cense tax  from  person  engaged  in. 
15-1068. 

Master  and  servant,  contract  of  servant 
not  to  engage  in  similar  business  as 
master  after  termination  of  employ- 
ment,   validity.     1914A-500;    8-150.' 

—injury  to  business  resulting  from  ser- 
vant's negligence  or  misconduct  as 
defense  or  setoff  in  action  for  wages. 
1918D-82. 

—transfer  of  business  in  which  servant 
is  employed,  liability  of  master  for 
injuries  to  servant  where  after  com- 
mencement of  employment  and  with- 
out notice  to  servant  transfer  is 
•     made.     1914A-474. 

Municipal  corporation,  competition  in 
business  with  citizen,  right  of  munici- 
pality to   enter   into.     1918B-104. 

—power  to  engage  in  business  of  furnish- 
ing ice  or  fuel  to  inhabitants.  20- 
204;    1916C-743;    1918E-663. 

—theatrical    or    moving    picture    business, 
power   of   municipality   to    engage    in, 
1914D-969;   1915A-758. 
Index  to  Notes — 8 


BUSINESS— Continued. 

Noise  arising  from  lawful  business  as 
nuisance.  4-378;  19-993;  1915B- 
1059. 

Offensive  business,  building  restriction 
against.     11-173. 

Ordinance  regulating  business,  judicial  in- 
quiry into  motive  prompting  enact- 
ment.    1912A-718. 

Personal  injuries,  business  profits  as  ele- 
ment of  damages.     11-45;  17-658. 

Police  surveillance  of  place  of  business, 
injunction  against.  5-483;  1913B- 
713. 

Postal  laws,  transaction  concerning  sale 
of  business  as  scheme  to  defraud 
within  federal  statute  prohibiting 
use  of  mails  in  furtherance  thereof. 
1914D-1248. 

Promotion  of  business  interests  of  com- 
munity, powers  and  liabilities  of  pri- 
vate   corporation.     1917C-787. 

Quasi-public  nature  of  business,  reason- 
ableness of  rules  and  regulations  for 
conducting  as  question  of  law  or 
fact.     3-715. 

Eailroad  company's  power  to  conduct 
business  as  incidental  to  main  busi- 
ness.    4-910;  13-293. 

Soliciting  business  on  trains  or  premises 
of  passenger  carriers,  validity  of 
statute  prohibiting.     18-867. 

Stockyards  as  business  subject  to  public 
regulation.     10-1022. 

Strikes,  injunction  as  remedy  against  in- 
jury  to   business  by   strikers.     4-783. 

Sunday,  buying,  selling,  or  trading  as 
"labor"  or  "labor  or  work"  within 
prohibition  of  Sunday  law.  1913D- 
799. 

BUTCHERS. 

Butcher  as  "dealer."     1917A-952,  967. 

Hawker  and  peddler,  license  regulations 
as   applicable.     1912I>-1292. 

Statutory  or  municipal  regulation  of 
meat  dealers.     1912B-510. 

Trade,  butcher  as  engaged  in  "trade." 
1916A-1199. 


BUYING. 

Buying   as    'Habor"    within    prohibition   of 
"  Sunday  law.     1913D-799. 


114    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 

BUZZ-SAWS.  BY-LAWS-Continued. 

Injuries    to    servant,    liability    of    master.      Savings    banks,    liability    for   wrong   pay- 
1913C-125  ment  notwithstanding  by-law.     1-100. 


BY-LAWS. 

Beneficial  associations,  amendment  of  by- 
law, validity  as  applied  to  existing 
members.  1-717;  10-625;  1913C-675; 
1914D-63;   1917B-814. 

— inconsistency  with  benefit  certificate, 
binding  effect  on  member.     20-929. 

— suicide,  validity  of  amendment  of  by- 
laws with  respect  to  suicide.  1913C- 
677. 

Corporation,  alienation  of  stock,  validity 
of  by-law  regulating.  19-702;  1916D- 
1202. 

— inconsistency  with  charter  or  general 
statute,    validity.     1914C-665. 

• — ^lien  on  stock  in  favor  of  corporation, 
validity  and  effect  of  by-law  creat- 
ing.    3-188;  19-704;    1918D-368. 


BYSTANDERS. 

Arrest,  right  and  duty  of  bystander  to 
assist  officer  in  making  arrest  with- 
out warrant,  when  summoned  either 
directly   or   by  hue  and   cry.     18-932. 

Bills  of  exceptions  authenticated  by  by- 
stander.    15-737. 

Declaration  at  time  of  accident  as  part 
of  res  gestae.  1912C-319;  1917A- 
1009. 

Injury  of  bystander  by  person  acting  in 
self-defense,  right  of  recovery  as  for 
negligence.     1916C-1150. 

BY  VIRTUE  OF  EMPLOY- 
MENT OR  OFFICE. 

Meaning  in  embezzlement  statute.  15- 
443. 


c 


CABS. 

Name  on   cab,  as  evidence  of  ownership. 
1915D-355. 


CAMP-HOUSE. 

Burglary,  sufficiency  of  description  in  in- 
dictment.    1913D-87C. 


CALCULATIONS. 

Paper  containing  calculation  or  estimate 
"by  party  as  to  amount  due  him,  right 
of  jury  to  take  with  them  on  retire- 
ment.    19130-937. 

Witness'  calculation  from  figures  in  evi- 
dence,  admissibility.     1912D-1353. 


CAMPAIGN    CONTRIBU- 
TIONS. 

Contribution  to  election  expenses  by  per- 
son other  than  candidate,  validity 
and  construction  of  statute  regulat- 
ing.   1918E-173. 

Corporate  funds  appropriated  by  cor- 
porate officer  for  campaign  purposes 
as   criminal  offense.     10-320. 


CAMP-MEETING 
GROUNDS. 

Exemption    from    taxation.     1912A-358. 


CANALS. 

Bridge,    approach    at    canal    as    part    of 

bridge.     1912B-795. 
! — duty   of   railroad  to   construct   bridge   at 

own    expense     over    public    canal    or 

waterway.     1912D-1036. 

Canal  corporation  as  quasi-public  corpora- 
tion.    18-1065. 

Eminent  domain,  interest  acquired  in 
land  by  condemnation  as  easement  or 
fee.     20-571;    1918A-809. 

Execution  sale  of  property  of  canal  eom- 
panv,  right  to  injunction  against. 
1918C-229. 


CANCELLATION  OF  INSTRUMENTS— CAR  INSPECTOR.       115 


CANALS— Continued. 

Independent  contractor,  person  employed 
upon  canal  work  as.     1918C-655. 

License  as  defense  against  injury  from 
percolating  waters.     5-683. 

Navigable    water,    canal    as.     17-349. 

Eeversion  of  land  taken  under  power  of 
eminent  domain  when  public  use 
ceases.     19-157. 

Trespassing  child,  liability  of  owner  of 
canal   for   injury   to.     1918B-425. 

Workmen's  Compensation  Act  as  appli- 
cable to  employment  under  Isthmian 
Canal    Commission.     1917D-16. 

CANCELLATION  OF  INSTRU- 
MENTS. 

See  Rescission,  Cancellation,  and  Keforma- 
tion. 


CANDIDATES. 

Election  expenses,  validity  and  construc- 
tion of  statute  requiring  candidate  to 
file   statement.     191oA-366. 

Libel  or  slander,  political  criticism  of 
candidate   as.     1914C-997. 

Minority  candidate's  right  to  office  for 
which  ineligible  or  deceased  candi- 
date received  highest  number  of 
votes.  2-485;  ll-118j  1915B-518; 
1918B-983. 

Primary  elections,  general  election  provi- 
sions as  to  eligibility  of  candidates 
and  payment  of  expenses  as  appli- 
cable.    16-251. 

Wh.en  person  is  "candidate"  for  office. 
12-109. 

Withdrawal  of  candidacy  for  public 
office.     1918E-362. 


CANNED  GOODS. 

Dealer's    liability    to    consumer    for    un- 
wholesome food  sold.     16-499. 


CANVASSERS. 

Canvasser  as  "dealer."     1917A-953. 


CAPITAL  STOCK. 

Taxation  of  shares  of  stock  and  capital 
stock  or  property  of  corporation  as 
constituting  double  taxation.  7— 
1195;    13-636. 


CAPITAL  SUM. 

Annuitant's  right  to  capital  sum.  1918E— 
808.     ■ 

Trust,  taxes  and  carrjang  charges  on 
realty  as  payable  out  of  income  or 
capital.     1918E-947,  982,   989. 

CAPITATION  TAXES. 

See  poll  Tax. 


CAR. 

What  is  included  in  term 
45. 


'car."     1914D- 


CAPITAL  PUNISHMENT. 

Juror's   prejudice    against    as    constituting 

disqualification      in      criminal      case.      Fellow-servant      of     other     railroad     em- 
1912A-786.  ployees.     13-274. 


CARBON  COPY. 

Admissibility  in  evidence  without  ac- 
counting for  nonproduction  of  origi- 
nal.    11-108;   1914D-1082. 


CAR-COUPLERS. 

Defects,  necessity  of  employer's  knowl- 
edge to  raise  liability  to  servant  for 
resulting   injury.     4—763;    21-86. 

Federal  safety  appliance  act  in  reference 
to  keeping  in  repair,  construction. 
14-239. 


CAR  DOORS. 

Injury  to  passenger  caused  by  car  door, 
liabUity  of  carrier,  18-1163;  1918G- 
377. 

CARD-PLAYING. 

Card-playing  in  private  house  as  within 
statute    against    gaming.     1913C-539. 


CARELESSNESS. 

See   Negligence. 

Opinion  of  witness  as  to  careless  conduct 
of   person,  admissibility.     1913C-1091. 

CAR  INSPECTOR. 


116    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CARLISLE  TABLES. 

Tables  as   evidence.     19140-685. 

CARMACK    AMENDMENT. 

Initial       carrier       of       goods,       liability 

under    Carmack    Amendment.     1915B- 

80;   1917C-939. 
Limitation   of   carrier's  liability,   contract 

as  affected  by  Carmack  Act.     1915B- 

86;   1915D-614;   1918E-471. 
State  regulation  of  carriers  as  affected  by 

Carmack  Amendment.     1915D-613. 

CARNAL  KNOWLEDGE. 

See  Adultery;  Incest;  Prostitution;  Bape; 
Seduction;   Sodomy. 

Necessity  of  emission  to  constitute.  11- 
93. 

CARPENTERS. 

Carpenter  as  engaged  in  "trade."  1916A- 
1199. 

Loan  of  carpenter  by  master  to  repair 
building  of  another,  duty  and  lia- 
bility of  latter.     20-444. 

Workmen's  Compensation  Act  as  appli- 
cable to  structural  carpentry.  191 7D- 
28. 

CARRLA^aES. 

Motor  vehicle  as  included  within  term. 
1913B-755;    1916B-513. 

CARRIERS. 

See  Carriers  of  Goods;  Carriers  of  Livo- 
stock;  Carriers  of  Passengers;  Eleva- 
tors; Ferries;  interstate  Commerce; 
Railroads;  Ships  and  Shipping;  Street 
Railways. 

CARRIERS  OF  GOODS. 

1.  In  GeneraL 

2.  Regulation. 

3.  Furnishing  Cars. 

4.  Delivery  to  Carrier. 

5.  Discrimination. 

6.  Freight  Charges  and  Rates. 

7.  Transportation  and  Delivery  of  Goods. 

8.  Lien  on  Goods. 

9.  Loss  or  Injury  of  Goods. 

10.  Limitation  of  Liability. 

11.  Time  for  Presenting  Claim  or  Bring- 

ing Suit. 

12.  Connecting  Carriers. 


CARRIERS  OF  GOODS— Continued. 

1.    In  GeneraL 

Agency,  undisclosed  principal  of  person 
shipping  goods,  rights  as  against 
carrier.     1918A-826. 

Attachment,  goods  in  hands  of  carrier  in 
transit  as  subject  to  attachment. 
1914B-910. 

Contract  of  carriage,  supplementing  by 
proof  of  collateral  oral  agreement. 
1914A-458. 

Criminal  liability,  unjust  discrimination 
in  transportation,  liability  of  cor- 
poration to  indictment.     1916C-464. 

Exclusion  gf  person  of  bad  character  or 
reputation  from  conveyance  or  prem- 
ises,  right    of   carrier.     1913B-1347. 

Explosives  or  dangerous  goods,  liability 
to  carrier  of  person  shipping.     18-20. 

Garnishment  or  trustee  process  against 
goods  in  hands  of  carrier.  1913A- 
1321;    1914D-81. 

Icing  cars,  duty  of  carrier  as  to  perish- 
able freight.     10-171. 

Insurance  by  carrier  and  by  owner  as 
double   insurance.     11-960. 

Loading  or  unloading  cars,  persons  en- 
gaged in  work  not  bare  licensees.  1- 
601;  12-119. 

Money,  liability  of  common  carrier  as 
carrier  of  money.     4-769;   5-797. 

Perishable  propertj*,  what  constitutes  as 
to  goods  delivered  to  carrier  for 
transportation.     1915C-509. 

Riding  on  freight  train  by  permission  or 
direction  of  railroad  employee,  lia- 
bility of  carrier  for  injury  to  person. 
1917C-359. 

Seizure  of  goods  under  police  regulations, 
liability   of   carrier.     15-538. 

Shipper's  control  of  car,  liability  to  car- 
rier for  injury  to  car.     1914C-636, 

Time  for  performance  of  act  by  parties 
to  shipping  contract,  exclusion  or  in- 
clusion of  Sunday  or  holiday  in  com- 
putation.    1917E-947. 

"Warehouseman  or  forwarder,  when  per- 
son or  corporation  is  carrier  as  dis- 
tinguished from.     1914B-778. 

"Wharves,  docks  or  piers,  liability  for  in- 
jury to  person  going  on  wharf  to  re- 
ceive freight  shipment.  1916C-145, 
167. 


CARRIERS  OF  GOODS. 


117 


OABEIERS  OF  (K)ODS— Continued. 
2.    Regulation. 

Carmack  Amendment  to  Interstate  Com- 
merce Act,  constitutionality.  1915B- 
81. 

Classes  of  carriers  of  goods,  validity  of 
statute  regulating  particular  class. 
16-1239. 

Interstate  commerce,  state  regulation  of 
carriers    as    interference.     1917A-973. 

Service  by  carrier,  power  of  public  ser- 
vice commission  to  compel  carrier  to 
furnish  particular  class  of  services. 
1917B-1160.   , 

State  statutes  regulating  transportation 
and  delivery  of  freight  as  inter- 
ference with  interstate  commerce.  7- 
5;   1913E-148;   1917A-984. 

Switching  charge,  regulation  by  state  or 
railroad    commission.     1914B-366. 


3.     FumlsMng  Cars. 

Agreement  to  furnish  cars  to  shipper  as 
binding  contract.     12-885. 

Coal  cars,  duty  to  furnish  adequate  num- 
ber to  meet  demands  of  traffic. 
1914C-1261. 

Discrimination  with  respect  to  car  sup- 
ply, eflfect  of  interstate  commerce  act 
on  right  of  shipper  to  damages. 
1914B-52. 

P.  O.  B.  contracts,  furnishing  cars  there- 
under.    2-818. 

Particular  shipments,  duty  to  furnish  par- 
ticular  car.     15-144. 

Safe  cars,  liability  of  carrier  for  injuries 
resulting  to  consignor  or  consignee 
from  failure  to  furnish  safe  cars. 
9-990. 


4.     Delivery  to   Carrier. 

C.  I.  F.  contract,  what  constitutes  com- 
plete  delivery   under.     1914C-217. 

C.  O.  D.  shipment,  delivery  to  carrier  as 
delivery  to  purchaser.     1916A-1049. 

— rights  and  liabilities  as  between  carrier 
and.  consignee.     1916B-1220. 

Delivery  of  goods  to  carrier  for  shipment 
as  delivery  to  purchaser.  20-1027; 
1916A-1046. 

Deposit  of  goods  for  transportation  at 
place  other  than  regular  station  as 
delivery  to   carrier.     1912D-130. 


CAEEIERS  OF  GOODS— Continued. 

F.  O.  B.  shipment,  delivery  to  carrier  as 
delivery  to  purchaser.     1916A-1049. 

Uniform  Sales  Act,  construction  of  act 
with  respect  to  effect  of  delivery  of 
goods    to    carrier.     1918D-4Q0. 

5.    Discriii^nation. 
Agreement  to   transport  property  for  an- 
other railroad  at  reduced  rate  as  dis- 
crimination    under     Interstate     Com- 
merce   Act.     i914A-510. 

Car  supply,  shipper's  right  to  damages 
for  unlawful  discrimination  as  af- 
fected by  Interstate  Commerce  Act. 
1914B-52. 

Discriminatory  rates  between  shipper  of 
goods,     1-55. 

— mistake  in  fixing  discriminatory  rate, 
validity  and  enforceability  of  eon- 
tract.  16-455;  1913C-1386;  1918E- 
458. 

Expediting  shipment,  agreement  therefor 
as  discrimination  under  Interstate 
Commerce   Act.     1914A-504. 

Express  company,  right  of  railroad  to 
grant  exclusive  facilities  to.     13-1079. 

Measure  of  damages  recoverable  from 
carrier  by  shipper  for  discrimination 
in  favor  of  other  shipper.  1915A- 
337. 

6.    Freight  Charges  and  Bates. 
Duress,  payment   for  release  of  goods  as 
compulsory  payment  under  duress   of 
personalty.     1913A-1356. 

Excess  charges  paid  on  freight  shipment, 
right  of   recovery  back.     1915B-1212. 

Implied  agreement  by  consignee  of  goods 
to  pay  freight  charges.     1917C-864. 

Jurisdiction  of  state  court  of  action  to 
recover  overcharge  for  freight  in 
interstate    shipment.     1913D-272. 

Prepayment  of  freight  charges,  requiring 
prepayment  as  unlawful  discrimina- 
tion.    16-621. 

Reasonableness  of  rates  charged  by  car- 
rier as  affected  by  right  to  receive 
fair  return  on  investment.  1913B- 
774. 

— matters  to  be  considered  on  issue  of 
reasonableness.  1916A-S,  56,  61; 
1918E-1216. 

Eight  of  consignee  to  goods  without  pay- 
ment of  freight  where  damages  equal 


118    INDEX  TO  THE  NOTfiS,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CARRIERS  OF  GOODS— Continued. 

or  exceerl   amount  of  freight.     9-794; 
1912D-277. 

Statutes  relating  to  rates  and  freight 
shipments,  effect  of  partial  invalid- 
ity.    1916r)-86. 

Undercharges  on  interstate  shipment,  lia- 
bility for  payment  as  between  con- 
signor and   consignee.     1916E-378. 

Unreasonable  freight  charges,  right  of 
shipper  to  damages  as  affected  by  In- 
terstate Commerce  Act.  9-1082;  11- 
849. 

7.    Transportation  and  Delivery  of  Goods. 

Breach  of  contract  of  carriage,  mental 
suffering  as  element  of  damages  re- 
coverable.    1915D-89. 

Delay  in  transporting  property  intended 
for  exhibition  purposes,  measure  of 
damages.     5-827;    1918E-1057. 

— depreciation  in  value  of  goods  result- 
ing from  delay  in  transportation, 
measure  of  damages.  1917D-164,  173, 
180. 

— existence  of  strike  as  excuse  for  non- 
performance of  contract  of  carriage 
in  absence  of  special  stipulation.  12- 
313. 

—unusual  and  excessive  amount  of  freight 
to  be  handled  as  excusing  delay.  11- 
274;   1913I>-967;   1918D-143. 

Delivery  to  wrong  person,  liability  of 
carrier,     5-100;   1915D^875. 

Deviation  of  route  as  affecting  liability 
of  carrier  by  land.  15-76;  1914B- 
1003. 

— variation  of  written  contract  for  ship- 
ment of  goods  by  parol  evidence. 
1913A-932. 

Dogs  not  boxed,  duty  and  liability  of 
carrier  as  to.     18-235. 

Failure  to  deliver  or  transport  goods, 
quarantine  regulations  as  defense. 
17-880. 

Holding  goods  after  arrival  at  destina- 
tion at  request  and  for  convenience 
of  consignee,  liability  of  carrier.  10- 
442. 

Method  of  transportation,  departure  from 
agreed  method  as  affecting  liability 
of     carrier.     1912B-615;     1918C-1075. 

Reciprocal  demurrage,  partial  invalidity 
of  state  statute  attempting  to  reg- 
ulate interstate  and  intrastate  com- 
merce.    1918D-1123. 


CARRIERS  OF  GOODS— Continued. 

— validity  of  statute,  ordinance  or  rule 
providing  for  reciprocal  demurrage. 
13-964;    19-1092;    1916E-701. 

Refusal  to  receive  freight  for  shipment, 
existence  of  gtrike  as  excuse.  17- 
483. 

• — validity  of  statute  imposing  penalty 
for  refusal  to   accept.     17-253. 

Removal  of  goods  by  consignee  from 
premises  of  carrier,  what  constitutes 
reasonable  time.     21-531;   19151^-1114. 

Stoppage  in  transitu  demanded  by 
stranger  to  shipping  contract,  liabil- 
ity  of   carrier   for   failure.     13-360. 

—under   Uniform    Sales    Act.     1918D-411. 

Violation  of  statute  in  transporting 
goods,  liability  where  carrier  is 
ignorant  of  nature  of  goods.     20-1156. 

8.    Lien   on    Goods. 

Demurrage  charges,  lien  of  railroad  com- 
pany for.     4-15. 

Deviation  of  route  as  affecting  right  to 
lien.     15-79. 

Goods  tortiously  delivered  to  carrier, 
right  to  lien.     3-1095. 

Waiver  of  lien  by  delivery  to  consignor's 
agent  on  promise  to  retain  goods 
until  payment  of  freight  charges.  7- 
Q61. 

9.    Loss  or  Injury  of  Goods. 

Act  of  God  co-operating  with  negligence 
of  carrier,  liability  for  damage 
caused.  3-453;  8-48,  310;  12-449; 
1912D-968;    1918A-581. 

Damaged  goods,  duty  of  consignee  to 
accept   from   carrier.     1914A-66. 

Fire,  liability  of  carrier  for  injury  or 
loss  by  fire.     5-821. 

Flood  or  other  uncontrollable  event  caus- 
ing loss  of  goods,  burden  of  proof  as 
to  fault  of  carrier.     1914D-1115. 

Goods  not  packed  or  improperly  packed, 
duty  and  liability  of  carrier  as  to. 
18-234. 

Insurance  by  carrier  against  fire,  effect 
on  rights   of  parties.     1914C-688. 

Measure  of  damages  recoverable  from 
carrier  for  partial  injury  to  personal 
property.     1915D-797. 

Misrepresentation  or  concealment  of 
nature  or  value  of  goods  as  affecting 
carrier's   liability..  5-120;    1912A-369. 


CARRIERS  OF  LIVESTOCK. 


119 


CARRIERS  OF  GOODS— Continued. 

Part  only  of  shipment  delivered  to  car- 
rier, liability  for  loss  or  injury  of 
goods.     1913r)-641. 

Selection  of  car  by  shipper  as  affecting 
carrier's  liability  for  damage  to 
goods  by  defect  in  car.     4-1144. 

10.    Limitation   of   Liability. 

Authority  of  agent  shipping  goods  to 
enter  into  contract  for  limitation. 
1-676;  19-806;  1913E-292;   1917E-653. 

Delay  caused  by  strikes,  mob  violence, 
etc.,  validity  and  effect  of  stipulation 
limiting    liability    for.     1915C-1189. 

Deviation  of  route,  liability  therefor  as 
affected  by  contract  limiting  liabil- 
ity of   carrier.     15-78. 

Fire  loss,  validity  and  effect  of  stipula- 
tion   limiting    liability.     20-229. 

Insurer,  carrier's  liability  as  insurer '  as 
affected  by  contract  limitation  on 
value  of  goods.  1912D-1128;  1913I>- 
986. 

Interstate  Commerce  Act  as  affecting 
limitation  of  carrier's  liability  for 
loss  or  injury.  1912B-672;  1915D- 
612. 

Law  governing  validity  of  contract  limit- 
ing common-law  liability  of  carrier. 
4-1106. 

Suitable  car  for  particular  shipment,  duty 
to  furnish  as  affected  by  contract 
limiting   liability.     15-147. 

Valuation  of  goods  fixed  by  contract  and 
carrier's  liability  limited  to  such 
amount,  validity.  12-1124;  18-353; 
1913D-981. 

11.     Time  for  Presenting  Claim  or  Bring- 
ing Suit. 
Claims,     failure     to     pay     within     certain 

time,    validity    of    statute    imposing 

penalty.     20-1056;  1915D-824;  1916I>- 

335. 
— limiting   time    to    present,   validity    and 

effect    of    contract    stipulation.     9-17; 

14-416;   1914A-231;    1918D-817. 

Time  to  bring  suit,  validity  and  effect  of 
contract  stipulation  limiting.  1913E- 
868. 

12.    Connecting  Carriers. 
Carmack    Amendment    as    affecting   liabil- 
ity  of   initial   carrier.     191oB-80,   92; 
1917C-939. 


CARRIERS  OF  GOODS— Continued. 

Constitutionality  of  statutes  regulating 
liability  of  connecting  carriers.  1- 
707. 

Delivery  of  goods  to  wrong  person  lia- 
bility.    1915D-879. 

Deviation  of  route  as  affecting  liability 
where  special  routing  instructions 
given.     15-78. 

Freight  charges,  rights  of  final  carrier, 
where  initial  carrier  has  made  un- 
authorized agreement  with  consignor 
for  through   rate.     5-576. 

Injury  to  goods,  presumption  as  to  which 
of  several  carriers  is  liable.     3-584. 

Inspection  of  ears  received  and  duty  to 
put  in  safe  condition,     9-991. 

Limitation  of  liability  to  own  line,  valid- 
ity of  stipulation  in  bill  of  lading. 
7-471. 

Loaded  car  received  from  connecting 
carrier,  duty  of  carrier  to  inspect 
manner  of  loading.     16-1155. 

State  statutes  prescribing  duty  or  liabil- 
ity as  regulation  of  interstate  com- 
merce.    2-517;    9-812. 

Terminal  or  last  carrier,  what  is,  as  be- 
tween connecting  carriers.  1913E- 
1030. 


CARRIERS  OF  LIVE- 
STOCK. 

Action  against  carrier,  contract  limiting 
time  to  bring  suit,  validity  and 
effect.     1913E-868. 

Agency,  undisclosed  principal  of  person 
shipping  stock,  rights  as  against  car- 
rier.    1918A-826. 

Carmack  Amendment,  liability  of  carrier 
as  affected  by.  1915B-80;  1915D- 
613;   1917C-939;    1918E-471. 

Cars,    agreement    to    furnish    shipper    as 

binding   contract.     12-885. 
— suitability      for      particular      shipment, 

duty  of  carrier  to  furnish.     15-144. 

Claims  against  carrier,  contract  stipula- 
tion limiting  time  to  present,  validity 
and  effect.     9-17;   14-416;   1914A-232. 

— ^failure  to  pay  within  certain  time, 
validity  of  statute  imposing  penalty. 
20-1056;    1915D-824;    1916D-335. 

Deviation  of  route  as  affecting  liability  of 
carrier.     15-76;    1914B-1003. 


120    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CABBIEBS  or  LIVESTOCK — Continued, 

Disease  contracted  by  animals,  liability  of 
carrier  to  shipper  for  injury  caused. 
21-176. 

Drover's  pass  exempting  carrier  from  lia- 
bility for  negligence,  validity.  5- 
768;   1914A-678. 

Escape  of  animal  from  custody  during 
transit,  liability  of  carrier  for  loss. 
1912B-392. 

Exposure  of  stock  to  cold,  liability  of 
carrier  for  injury  caused.  1912C- 
922. 

Federal  Twenty-eight  Hour  Law,  validity 
and    construction.     21-823. 

Hours  of  Service  Act,  carriers  subject  to. 
1915D-456;    1918C-797. 

Injuries  to  livestock,  liability  of  carrier. 

1-158. 
— measure  of  damages.     5-416;  13-1141. 

Interstate  commerce,  state  statutes  reg- 
ulating transportation  as  interfer- 
ence.    1917A-990. 

Limitation  of  liability,  duty  to  furnish 
suitable  ear  for  particular  shipment 
as  affected  by  contract  limiting  lia- 
bility.    15-147. 

—Tight  of  carrier  as  affected  by  Car- 
mack  Amendment.  1915B-86;  1918E- 
471. 

— validity  of  contract  limiting  liability 
of  carrier  for  injuries  resulting  to 
animals  from  their  natural  propensi- 
ties.    1913D-974;    1916D-897. 

Loading  stock  improperly  by  shipper,  lia- 
bilitv  of  carrier  for  injury  to  stock. 
1916E-1203. 

Negligence  on  part  of  carrier,  burden  of 
proof.     15-35;    1913E-311. 

Passengers,  liability  as  carrier  of  passen- 
gers to  person  riding  in  eharae  of 
stock  or  on  drover's  pass,  6-799; 
1917E-149. 

Transportation  of  stock,  departure  from 
agreed  method,  effect  on  liability  of 
carrier   by   land.     1918C-1075. 

CARRIERS  OF  PASSEN- 
GERS. 

1.  Carriers,  Wliat  axe. 

2.  PasseiLgers,  Who  are. 

3.  Duty  to  Receive  Persons  for  Carriage. 

4.  Condition    and   Management    of    Cars 

aud  Trains. 


10. 
11. 


12. 


CARRIERS      OF      PASSENGERS  —  Con- 
tinued. 

A.  Generally. 

B.  Stopping  Car  or  Train. 

C.  Boarding  and  Alighting. 

D.  Separation  of  Eaces. 

E.  Statutory  Regulation. 

5.  Tickets  and  Fares. 

A.  Generally. 

B,  Payment  or  Tender, 

C,  Carriers'  Regulations. 

D.  Statutory  Regulation. 

6.  Duties  Toward  Particular  Persons. 

A.  In  General. 

B.  Free  Passengers. 

C.  Persons  Employed  on  Trains. 

7.  Particular  Classes  of  Accidents. 

8.  Acts  of  Agents  or  Employees. 

9.  Acts  of  Third  Persons  or  Passengers. 
Expulsion  from  Cars. 
Contributory  Negligence. 

A.  Generally. 

B.  Boarding  or  Alighting. 

C.  Passenger  on  Car  or  Train. 
Limitation  of  Liability. 

13.  Sleeping-cars. 

14.  Baggage. 

15.  Stations  and  Premises. 

16.  Connecting  Carriers. 

17.  Actions  Against  Carriers. 

1.    Carriers,  "Wliat  are. 

Elevator,    proprietor    as    carrier.     1914B- 

373. 
— what     is     passenger     elevator.     1915B- 

1127. 
Ferry,    liability    of    owner    to    passengers. 

17-371;  1915C-1004;  1918E-1083. 
Jitney  bus,  proprietor  as  common  carrier 

of   passengers.     1917C-1060, 
— state   or  municipal  regulation   of   jitney 

buses.     1916A-1233;   1917C-10ol. 

Livery-stable  keepers,  liability  as  car- 
riers,    2-344;    16-506. 

Scenic  railway  or  similar  contrivance,  pro- 
prietor as  carrier  of  passengers.  17- 
410;    1917D-930. 

Taxicab  proprietor  as  common  carrier. 
1916D-767. 

2.    Passengers,   "Who   are. 

Employee  of  carrier  as  passenger.  13- 
889;    1915B-184. 


CARRIERS  OF  PASSENGERS. 


121 


CAEEIERS  OF  PASSENGERS  —  Con- 
tinued. 

Intending  passenger,  when  actually  "be- 
comes such.  1-605;  9-1104;  1917C- 
1206. 

Person  in  charge  of  livestock  riding  on 
drover's  pass  as  passenger  for  hire. 
5-768. 

Eailway  postal  clerics,  constitutionality 
of  law  classifying  as  nonpassengers. 
8-89. 

Termination  of  liability  of  carrier  to 
passenger.  6-1033;  7-720;  19-1019; 
1915C-1223. 

Who  is  passenger.    1-451. 

3.  Duty  to  Receive  Persons  for  Carriage. 
(Contagious    disease,    duty    of    carrier    to 

carry  person  aflaicted.  with.     8-221. 

— duty  where  carrier  has  expressly  con- 
tracted to  carry  afflicted  person.  11- 
970. 

Exclusion  from  conveyances  or  premises, 
right  of  carrier  to  exclude  person  of 
bad  character  or  reputation.  1913B- 
1347. 

Feeble  or  infirm  person,  duty  of  carrier 
to  receive  for  carriage.  11-973;  17- 
1056;    1916C-1166. 

Freight  or  special  trains,  duty  to  carry 
passengers.     5-43. 

4.  Condition    and    Management    of    Cars 

and  Trains. 

A.    Generally. 
Animals,    rule    excluding    from    passenger 

conveyances,     validity    and     enforce- 
ability.    1912C-1149. 
Announcement   of   stations   for  benefit   of 

passengers,  duty  of  railroad  company. 

2-676;   7-720;   1916B-250. 
Appliances  purchased  from   manufacturer, 

liability    of   carrier    with    respect    to. 

1916E-929. 
Assistance  to  passenger,   duty   of  carrier. 

13-596. 
— negligence     of     employee     in     assisting 

passenger,    liability    of    carrier.     10- 

367. 

Cars  used  but  not  owned  by  carrier,  lia- 
bility to  passenger  for  defects.  16- 
612. 

Delay  in  transporting  passenger,  liability 
of  carrier.     17-952;   1915A-1077. 

Destination  of  passenger,  failure  to  carry 
passenger  to  destination  indicated  by 
sign  on  ear,  liability  of  street  rail- 
way.    3-1080. 


CARRIERS  OF  PASSENGERS  —  Con- 
tinued. 

Door  of  car  causing  injury  to  passenger, 
liability  of  carrier.  18-1163;  19180- 
377. 

Flying-switch,  negligence  with  respect  to. 
10-19. 

Ice  or  snow  on  vehicle  steps,  liability  for 
failure  to  remove.     17-51;   1915A-767. 

Going  from  one  car  to  another  of  moving 
train,  liability  of  carrier  to  passenger 
for  injuries  received.  16—446;  1916 A- 
144. 

Heating  conveyances,  duty  of  carrier  of 
passengers.     9-557. 

Insufficient  employees,  operating  car  or 
train  as  negligence  on  part  of  car- 
rier.    1917C-73. 

Eiding  on  platform,   liability   of  railroad 

for    injuries    received    by    passenger. 

1914A-563. 
f— rule    prohibiting    passengers    riding    on 

platform,    validity    and    enforcement. 

191SC-534. 

Eules  and  regulations,  reasonableness  of 
regulations  for  conduct  of  business 
as  question  of  law  or  fact.     3-715. 

Seats,  duty  of  carrier  to  provide  seat  for 
passenger.     1915A-1069. 

— rule  regulating  manner  of  using,  valid- 
ity.    1915D-188. 

Sleeping  passenger,  duty  to  awaken  be- 
fore reaching  destination.  2-676;  7- 
720. 

Straps  or  handholds  for  standing  passen- 
gers, duty  of  carrier  to  provide. 
1913C-170. 

Toilet-room  for  passengers,  duty  of  carrier 
to  provide.     1916A-408. 

B.    Stopping  Car  ob  Teain. 

Carrying  passenger  beyond  destination, 
damages  recoverable.  16-187;  1914A- 
333. 

Destination  not  stopping  station,  duty  of 
railroad  to  put  passenger  off.  6-24; 
1912C-552;   1916E-1220. 

Failure  of  electric  or  street-car  to  stop 
at  regular  station,  right  of  intend- 
ing passenger  to  damages.  1912B- 
997. 

Flag  stations,  duty  to  stop  train  to  re- 
ceive passengers.  12-1003;  18-68; 
1916A-876. 

— measure  of  damages  for  breach  of  duty 
to  stop.     12-1003. 


122    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CABRIERS  OF  PASSENGERS  —  Con- 
tinued. 

Eecovery  of  lost  property  of  passenger, 
duty  of  carrier  to  stop  train  for  pur- 
pose.    1913B-5&9. 

C.    Boarding  and  Aughting. 

Care  required  of  motorman  of  street-car 
on  approaching  place  where  another 
car  is  or  has  been  discharging  pas- 
sengers.    1912B-863. 

Change  of  ears,  duty  of  carrier  to  give 
passenger  notice  of  change  and  time 
to    make    change.     1917D-488. 

Injuries  to  passenger,  admissibility  of 
evidence  of  custom  of  alighting  from 
train  or  car  at  place  other  than  usual 
stopping  place  or  depot.     1913C-1383. 

Prematurely  starting  street-car  by  un- 
authorized person,  liability  of  com- 
pany, injury  received  by  passenger 
while  boarding  or  alighting  from  car. 
21-1331. 

Safe  place  for  boarding  and  alighting 
from  car,  duty  of  street  railway  to 
provide.     1-916;   9-854. 

Starting  car  before  passenger  is  seated, 
liability    of    street    railway.     1912D- 

582. 

Steps  or  other  appliances  for  boarding  or 
alighting  from  cars,  duty  of  carrier 
to  furnish  suitable.     9-565. 

Time  for  passengers  to  board  or  alight 
from  trains,  duty  of  railroad  com- 
pany to  allow.  7-760;  14-962;  1912C- 
794." 

D.  Separation  of  Races. 

Compelling  passenger  to  ride  in  car  de- 
signed for  persons  of  another  color 
or  race,  right  to  damages.  1913E- 
520. 

Interstate  passengers,  statute  requiring 
separation  as  applicable  to.  1915B- 
617;   1917A-983. 

Regulation  of  carrier,  separating  races, 
validity.     20-982. 

Statute  or  ordinance  providing  for  sepa- 
ration of  white  and  colored  passen- 
gers, validity.     7-274. 

E.  Statutory  Regulation. 

Accommodations  for  passengers,  validity 
of  statute  making  it  criminal  offense 
for  carrier  to  fail  to  furnish  suffi- 
cient.    19-70. 


CABRIERS  OF  PASSENGERS  —  Con- 
tinued. 

Intoxicating  liquor,  drinking  or  being  in- 
toxicated on  passenger  conveyance, 
validity  of  statute  prohibiting. 
1913B-1061. 

Running  time  of  trains,  power  of  public 
8er%ace  commission  to  regulate.  1916D- 
1034. 

Soliciting  of  trade  or  business  on  prem- 
ises, validity  of  statute  prohibiting. 
18-867. 

State  regulation  of  carriers  of  passengers 
as  interference  with  interstate  com- 
merce.    1917A-973. 

Sunday  train,  running  required  by  public 
service  commission,  validity  of  order. 
1917B-1205. 

Train  service,  power  of  Public  Service 
Commission  to  compel  carrier  to  fur- 
nish particular  class  of  service. 
1917B-1160;   1917E-992. 

—validity  of  regulation  as  to  extent  of 
service.     1917B-1217. 

5.    Tickets  and  Fares. 

A.    Geneeai,ly. 

Dealer,  person  buying  and  selling  rail- 
road  tickets  as  "dealer."     1917A-961. 

Discrimination  between  localities  as  to 
rates  of  fare.     18-149. 

Ejection  of  passenger,  right  to  eject  pas- 
senger holding  ticket  invalid  through 
carrier's  fault.  9-889;  1912C-730; 
1914D-922. 

"Fare,"  or  "rate  of  fare,"  meaning  of 
term  as  used  with  respect  to  passen- 
ger   traffic.     21-91. 

Injunction  to  prevent  buying  and  selling 
of  nontransferable  tickets.  12-700; 
1913B-475. 

Larceny   of  tickets.     1914D-649. 

Passes,  validity  and  construction  of 
agreement  of  railroad  to  give  in  con- 
sideration of  conveyance  of  land 
21-597. 

Place  of  contract,  what  is  where  passen- 
ger purchases  railroad  ticket.  1912C- 
542. 

Reasonableness  of  rates  charged  as  af- 
fected by  carrier's  right  to  receive 
fair  return  on  investment.  1913B- 
774. 

Refusal  to  transport  passenger  at  reduced 
rate    charged   other   persons   of    same 


CARRIERS  OF  PASSENGERS. 


123 


CAERIERS  OF  PASSENGEES  —  Con- 
tinued. 

calling,     right     to     recover     damages. 
1912A-159. 

Transfers,  rights  and  duties  of  passenger 
receiving  incorrect  transfer.  l-3'92; 
10-277. 

B.  Payment  ob    Tender. 

Nonpayment    of   fare    hj   sick    passenger, 

right  of  carrier  to  eject.     1915D-1-45. 
Production   of  ticket  or  payment   of  fare, 

duty     of    carrier    to    give     passenger 

time.     20-922. 
Reasonable  sum   for   tender  by  passenger 

in  payment  of  fare,  what  is.     10-642 

18-44;    1918D-182. 
Second  payment  of  fare,  duty  of  passen 

ger     to     make      to     avoid     ejection 

1913B-1209. 
Tender  of  fare  after  refusal  to  pay,  duty 

of    carrier    to    carry    passenger.     10- 

941;  1913C-1246. 
Worn   or   mutilated   money,   duty   of    car- 
rier   to   receive   in    payment   of   fare. 

1912C-642. 

C.  CaBSIEE's    EEGUIiA.TIONS. 

Coupon  "void  if  detached,"  or  words  of 
like  import,  construction  of  stipula- 
tion in  railroad   ticket.     19-457. 

Deposit  of  fare  in  box,  register  or  the 
like,  validity  of  rule  requiring  pas- 
senger.    1912C-1290;     1918D-473. 

Extra  fare,  refusal  to  pay,  right  of  rail- 
road company  to  eject  passenger 
where  suflScient  opportunity  to  buy 
ticket  was  presented.  10-923;  1913A- 
1198. 

— right  to  eject  where  no  opportunity  to 
buy  ticket  was  presented.     3-887. 

Mileage-book,  condition  attached  to  sale, 
reasonableness.     1914B-915. 

Time  limit  fixed  by  carrier  for  use  of 
ticket,  effect  upon  rights  of  pur- 
chaser.    6-119;   20-316. 

Transfers,  rule  of  street  railway  with  re- 
spect  to    use,   validity.     1916D-586. 

D.  Statutory  Regulation. 

Brokerage,  validity  and  effect  of  statutes 
prohibiting  ticket  brokerage.  6-873; 
8-649. 

Commutation  rates,  validity  of  order  by 
public  service  commission  regulating. 
1917B-1153. 


CARRIERS  OF  PASSENGERS  —  Con- 
tinued. 

Employees  and  families,  meaning  of 
■'family"  as  used  in  Interstate  Com- 
merce Act  authorizing  free  pass  or 
ticket.     1916B-326. 

Free  transportation,  constitutional  or 
statutory  provisions  against  gift  or 
receipt.     17-662;    1915D-559. 

— legal  meaning  of  "require"  in  statute 
relating  to  free  transportation. 
1912A-1238. 

Mileage  tickets,  validity  of  order  of  pub- 
lic service  or  railroad  commission 
regulating  manner  of  using.  1915A- 
1031. 

Passes  and  tickets,  partial  invalidity  of 
statutes  relating  to,  effect.  1916D- 
85. 

Bates  per  mile  fixed  by  statute  for  carry- 
ing passengers,  validity  and  effect  of 
statute.     21-191. 

Reduced  rates  to  certain  classes  of  per- 
sons, validity  of  statutes  requiring. 
2-420;   9-1130;   1912C-841. 

— ^militia  or  other  state  or  public  officers, 
validity  of  statute  requiring  free 
transportation  or  reduced  rates. 
1913E-49S;   1916E-959;   1917C-92. 

State  statute  regulating  tickets  as  inter- 
ference with  interstate  commerce. 
1917A-997. 

Statute  relating  to  passenger  rates,  effect 
of   partial    invalidity.     1916D-86. 

Transfers  of  street-cars,  validity  of  stat- 
ute or  ordinance  prohibiting  selling 
or  giving  away.     11-557. 

6.    Duties  Toward  Particular  Persons. 
A.    Generally. 

Attendance  on  or  visiting  passenger,  duty 
and  liability  of  carrier  to  person  so 
engaged.     10-161;   20-453;   1914D-134. 

Employee  riding  as  passenger,  liability  of 
railroad  for  injuries  caused  by  speed 
of    train.     21-809. 

Fraudulently  procured  ticket  or  pass  or 
one  under  which  passenger  has  no 
right  to  transportation,  liability  of 
railroad  to  person  riding  on.  7-587; 
20-1227;  1913E-235. 

Insane  passenger,  duty  and  liability  of 
carrier  with  respect  to.  1913D-153; 
1916E-256. 

Intoxicated  passenger,  duty  to  protect 
passengers  against.  8-225;  1912C- 
278. 


124    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CARRIERS  OF  PASSENGERS  — Con- 
tinued. 

— ^liability  of  carrier  to  intoxicated  pas- 
senger.    5-72;  9-488. 

Mailing  letter  on  train,  duty  of  railroad 
company  to  person  visiting  station 
for  purpose.     20-320. 

Public  officer  on  train  in  discbarge  of 
oflBcial  duties,  liability  of  carrier. 
9-1123;    21-499;    1914B-518. 

Riding  by  permission  or  direction  of  rail- 
road employee,  liability  of  carrier  to 
person  wrongfully  on  train.  9-540; 
1913E-574;    1917C-358. 

Sickness  of  passenger  during  transit,  duty 
and  liability  of  carrier.  21-1081; 
1916C-862. 

B.    Free  Passengers. 

Child  for  whom  no  fare  is  demanded, 
duty  and  liability  of   carrier.     9-963. 

I>rover  riding  on  free  pass  or  in  ebarge 
of  stock,  liability  of  carrier.  6-799; 
1917E-149. 

Injury  to  free  passenger,  liability  of  car- 
rier.    6-669;   10-870;   1914B-1209. 

Passes,  liability  to  person  riding  on  pass. 
4-1131;    12-677. 

C.    Persons  EMPiiOYED  on  Trains. 

Express  messenger,  duty  and  liability  of 
carrier  to.  12-727;  19-1207;  1913C- 
836. 

Newsboy  or  news  agent,  liability  of  car- 
rier for  injuries.     7-528. 

Postal  clerks,  duty  and  liability  of  car- 
rier.    6-863;    11-882. 

Railway  mail  clerk,  liability  of  carrier 
for  injuries.     1915A-809. 


7.    Particular    Classes    of    Accidents. 

Aisle  of  car,  baggage  or  similar  articles 
placed  by  passenger  in  aisle,  negli- 
gence of  carrier  in  allowing.  1913B- 
814;    1914D^168. 

Backing  engine  or  train  as  negligence  as 
to   passenger   on   train.     1913D-9. 

Banana  peel  or  the  like,  liability  of  car- 
rier for  injury  to  passenger  slipping 
on.     21-1144;   1916E-:087. 

Collision  at  railroad  crossing  liability  of 
street  railway  for  injury  to  pas- 
senger.    1913E-179;    19i8C-47. 


CARRIERS  OF  PASSENGERS  —  Con- 
tinued. 

— fire  apparatus,  duty  of  driver  of  street 
car  to  avoid  injury  to  passenger  by 
collision.     1918A-293. 

Derailment  of  train  caused  by  buckling 
of  rails,  liability  to  passenger  for  in- 
juries   resulting.     1913D-211. 

Door  of  car,  injuries  caused  by,  liability 
of   carrier  to   passenger.     18-1163. 

Ejection  of  passenger,  liability  of  carrier 
for  injury  to  other  passenger  in 
course    of   act.     1914B-867. 

Emergency  brakes,  application  causing  in- 
jury to  passenger,  liability  of  carrier, 
1915C-764. 

Eye  of  passenger  injured  by  foreign  sub- 
stance getting  into  it,  liability  of 
carrier   for  injury.     1913C-304. 

Falling  object  from  railroad  bank  strik- 
ing train,  liability  of  carrier  for  in- 
jury  to   passenger.     1912C— 440. 

Landslide,  injuries  to  passengers  caused 
by  train  running  into,  liability.  17- 
884. 

Mail  crane,  location  near  railroad  track 
as  actionable   negligence.     9-1002. 

Motorcycles,  right  of  action  by  passenger 
on  motorcycle  for  collision  with 
motor   truck.     1917A-225. 

Obstruction  placed  on  track  by  third  per- 
son, liability  of  carrier  for  injuries 
to   passenger.     11-856. 

Overcrowding  of  car,  act  of  carrier  in 
permitting  as  constituting  nuisance. 
1918A-994. 

Parcel    rack,    article    falling    from    rack, 

liability    of    carrier   to    passenger   for 

injuries  received.     21-323;   1915B-269. 
Passenger   falling   overboard,    liability    of 

carrier    by    water    for    his    injury    or 

death.     1917D-1038. 
Platform,  riding   on,   liability   of'  railroad 

for    injuries    received    by    passenger. 

1-315;  10-816;  1914A-563. 
Window    of    car,    liability    of    carrier    to 

passenger  for  injuries  caused  by  fall. 

1912B-8oO. 

8.    Acts  of  Agents  or  Employees. 

False    imprisonment,    liability   of    common 

carrier   for   act   of   agent   in    causing. 

1914B-638. 
— excessiveness    of    verdict   in    action    for 

false    imprisonment.     191&C-511,    512, 

519. 


CARRIERS  OF  PASSENGERS. 


125 


CAEBIERS  OF  PASSENGERS  —  Con- 
tinued. 

Malicious  prosecution,  liability  of  common 
carrier  for  act  of  agent  in  institut- 
ing.    1914B-638. 

Misdirection  of  passenger  as  to  route,  lia- 
bility of  carrier  for  act  of  agent. 
13-968. 

Physician  or  surgeon,  liability  of  railroad 
company    for    negligence.     1912B-935. 

Eude  or  insulting  language  of  employee, 
liability  of  carrier  to  passenger. 
1914A-17;   1916C-I233. 

Scope  of  employment,  liability  of  carrier 
to  passenger  for  acts  of  servant  out- 
side  scope.     1-617;    19-618. 

Servant  also  public  officer,  liability  of 
carrier  for  act  of.     1913I>-112. 

Sleeping  or  drawing-room  car  employees, 
liability  of  railroad  for  acts  with  re- 
lation  to  passengers.     19-1134. 

9.    Acts  of  Third  Persona  or  Passengers. 

Accidental  injury  to  passenger  caused  by 
act  of  other  passenger,  liability  of 
carrier.     1915D-5o. 

Arrest  of  passenger  by  officer  of  law, 
duty  of  carrier  to  protect  passenger 
from.     12-784;   1915B-244. 

Assault  on  passenger  by  fellow-passenger 
or  stranger,  liability  of  carrier.  3- 
254,   1084;    8-590;    18-773. 

Banana  peel  or  the  like,  liability  of  car- 
rier for  injury  caused  to  passenger 
slipping    on.     21-1144. 

Crowd  on  station  platform,  liability  of 
carrier  to  passenger  for  injuries  re- 
ceived.    1913C-574. 

Interference  with  machinery  of  car  or 
train  by  passenger,  liability  of  car- 
rier for  injury  caused  to  fellow- 
passenger.     1913A-1075. 

Intoxicated  passenger,  duty  of  carrier  to 
protect  passengers  against.  8-225; 
1912C-278. 

Larceny  from  or  robbery  of  passenger  by 
stranger,  liability  of  carrier  (other 
than  sleeping-car  company).  1918E- 
582. 

Panic  on  street-car,  right  of  passenger  to 
damages  for  injuries  caused.  1913D- 
907. 

Premature  starting  of  street-car  by  un- 
authorized person,  liability  of  com- 
pany for  injury  to  passenger  received 
while  boarding  or  alighting.     21-1331. 


CAEBIEES  OF  PASSENGERS  —  Con- 
tinued.' 

10.    Expulsion  from  Oars. 

Boarding  train  for  purpose  of  being  ex- 
pelled, damages  recoverable  by  per- 
son.    12-489. 

Damages  for  ejection  of  passenger, 
mental  suffering  as   element.     2-55. 

Gambling  on  train  as  ground  for  ejecting 
passenger,     8-222. 

Implied  authority  of  brakeman  to  eject 
trespassers.  2-624;  18-892;  1914  A- 
598. 

Injury  to  passenger  resulting  from  ejec- 
tion of  other  passenger,  liability  of 
carrier.     1914B-867. 

Noncompliance  witli  transfer  regulations, 
damages  recoverable  for  expulsion. 
1-393. 

Place  where  carrier  may  eject  passenger 
from   train.     1G12C-488. 

Befusal  to  pay  extra  fare,  right  to  eject 
passenger  as  dependent  upon  whether 
sufficient  opportunity  was  presented 
to  buy  ticket  or  not.  3-887;  10-923; 
1913A-1198. 

Kes  judicata  in  action  for  ejection  of 
passenger,  judgment  in  criminal  pro- 
ceedings   as.     21-1186. 

Sick  passenger,  ejection  for  nonpayment 
of    fare,    right    to    eject.     1915D-145. 

Wrongfully  riding  on  ticket  or  pass  pro- 
cured through  fraud  or  otherwise, 
liability  of  carrier  for  ejection  of 
traveler.     20-1228. 

11.    Contributory   Negligence. 
A.    Generally. 
Care   required   of  injured   passenger  with 
respect  to  injury.     21-513. 

Crossing  intermediate  track  between 
train  and  station,  as  contributory 
negligence  of  passenger.     14-24. 

Ejected  passenger  as  trespasser  in  walk- 
ing along  track.     2-549. 

Imputability  of  contributory  negligence, 
applicability  of  rule  of  imputed  negli- 
gence to  street  cars  and  railroad 
trains.     5-163. 

Eules,  failure  to  enforce  as  affecting  con- 
tributory negligence  of  passenger  in 
violation   thereof.     1916E-130S. 

B.    Boarding  or  Alighting. 
Alighting    from    moving    train    by    advice 
or    command   of    carrier's    servant    as 
contributory   negligence.     1-781. 


126    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CABRIERS  OF  PASSENGEKS  —  Con- 
tinued. 

— where  act  is  obviously  dangerous, 
alighting  as  contributory  negligence. 
1-778;   17-1154. 

Boarding  moving  ear  or  train  as  contrib- 
utory   negligence.     2-939. 

Jumping  from  vehicle  to  avoid  threat- 
ened danger  as  contributory  negli- 
gence.    16-84. 

Nonplatform  side  of  train,  contributory 
negligence  of  passenger  alighting  on. 
1914C-504. 

C.  Passenger  on  Cae  oe  Teain. 

-BUT^sep  ^B  edo;s  ibo  aiojaq  ^b3s  guiABoq; 
'  tion  as  contributory  negligence.  4- 
750;   6-725;  1914A-636. 

Passing  to  rear  of  street-car  across  paral- 
lel track  without  looking  for  ap- 
proaching car,  contributory  negli- 
gence of  passenger  alighting  from 
street-car.     6-705;  12-912;  1916E-998. 

Passing  from  one  car  to  another  of  mov- 
ing train,  liability  of  carrier  for  in- 
juries received  by  passenger.  16- 
446;    1916A-144. 

Platform,  liability  of  railroad  for  in- 
juries received  by  passenger  riding 
on.     1914A-563, 

Protrusion  of  part  of  body  from  car, 
permitting  as  constituting  contrib- 
utory negligence.  1-710;  8-1041; 
1916C-1218. 

Eunning-board  of  open  street-car,  contrib- 
utory negligence  of  passenger  in  rid- 
ing or  standing  on.  4-666;  9-1025; 
1914A-1172;     1917C-71;     1918C-445. 

Standing  in  moving  car  of  train  as  con- 
tributory  negligence.     13-122. 

12.    Limitation  of  liability. 

Circus  owner  and  carrier,  validity  and 
effect  of  contract  limiting  liability 
of  latter  for  injuries  to  employee  of 
former.     12-1077. 

Contract  between  employer  and  carrier 
limiting  liability  of  latter  for  in- 
juries to  employees  of  former,  valid- 
ity and   effect.     12-1077. 

Drover's  pass  exempting  carrier  from  lia- 
bility for  negligence,  validity  of 
stipulation.  5-768;  1914A-678;  1916A- 
448. 

Free  pass  exempting  carrier  from  liabil- 
ity for  negligence,  validity  of  stipula- 
tion.    4-557;    12-584;    1915C-623. 


CARRIERS  OF  PASSENGERS  —  Con- 
tinued. 

Mail  agents,  validity  and  effect  of  con- 
tract between  government  and  car- 
rier limiting  liability  of  latter  for 
injuries  to  mail  agents.     12-1078. 

Sleeping-car  employees,  contract  releas- 
ing railroad  company  from  liability 
to  employers,  validity  and  enforce- 
ability.    12-738:    1915B-534. 

13.     Sleeping-cars. 

Awakening  passenger  before  reaching 
destination,  duty  of  sleeping-car  com- 
pany.    7-720. 

Branch  line,  sleeping-car  service,  power 
of  Public  Service  Commission  to  re- 
quire.    1917B-1160;   1917E-992. 

Employee's  acts  with  relation  to  passen- 
gers, liability  of  railroad  company. 
19-1134. 

Loss  of  passenger's  property,  left  by  him 
in  berth  while  temporarily  absent 
therefrom,  liability  of  sleeping-car 
company.     10-895. 

Operation  of  sleeping-cars,  statutory 
regulation.     15-415;    1914C-482. 

Property  or  effects  of  passenger  for 
which  sleeping-car  company  is  liable. 
14-521;    1912B-974. 

Protection  of  passenger  from  assault, 
robbery  or  the  like,  duty  of  sleeping- 
car   company,     1913A-900. 

Release  of  railroad  company  from  liabil- 
ity to  employees  of  sleeping-car  com- 
pany on  cars  of  latter  hauled  by 
former,  validity  and  enforceability 
of   contract.     12-73S;    1915B-534. 

14.    Baggage. 

Aisles,  baggage  or  similar  articles  placed 
by  passengers  in  aisles  of  cars,  negli- 
gence of  carrier  in  allowing.  12-887; 
1913B-814;   1914D-168. 

Articles  used  for  or  by  child,  right  of 
father  to  recover  for  loss.     7-61. 

Carriage  of  baggage  on  same  train,  right 
of    passenger.     15-391. 

Damages  for  breach  of  contract  of  car- 
riage of  baggage,  mental  suffering  as 
element.     1915D-89. 

Delivery  to  carrier,  sufficiency  to  render 
carrier  liable.     14-912;    21-160. 

Drummer's   samples   as  baggage.     6-828. 


CARRIERS  OF  PASSENGERS. 


127 


CARBIERS  OF  PASSENGERS  —  Con- 
tinued. 

"Equipment"  or  "equip,"  meaning  in  stat- 
ute defining  luggage.     1913B-200. 

Failure  to  transport  to  proper  place,  right 
to  recover  punitive  damages.     11-837. 

Gratuitous  passenger,  liability  of  carrier 
with  respect  to  baggage.     1912C-629. 

Hand-baegage,  loss  or  injury,  liability  of 
carrier,     J.912D-1156. 

Limitation  of  liability  for  injury,  or  loss 
to  certain  amount,  validity  and  effect 
of  stipulation  on  passenger  ticket. 
1912B-285. 

— Interstate  Commerce  Act  as  affect- 
ing contract  limitation.  1912B-672; 
1915D-612. 

— ocean  steamboat  ticket,  validity  and 
effect  of  stipulation  limiting  liability 
for  passenger's  baggage.     9-913. 

— schedule  limiting  baggage  liability  filed 
with  Public  Utilities  Commission, 
validity.     1917E-673. 

Property  belonging  to  another  but  carried 
as  baggage,  right  of  passenger  to  re- 
cover for  loss.     13-329. 

— ^not  ordinarily  regarded  as  baggage  but 
received  as  such  by  baggage  agent, 
liability   of    carrier   for   loss.     13-240. 

Safe  place  for  delivery  of  baggage  to 
passenger,  duty  to  provide.  1916C- 
1213. 

Street  railway  as  carrier  of  passenger's 
effects.     9-201. 

Termination  of  carrier's  liability,  what  is 
reasonable  time  for  passenger  to  call 
for  baggage  after  arrival  so  as  to 
terminate  liability.  16-712;  191oB- 
634. 

What  constitutes  baggage.     21-729;  1915C- 

1050. 


15.    Stations  and  Premises. 

Crowd  on  station  platform,  liability  of 
carrier  to  passenger  for  injuries  re- 
ceived.    1913C-574. 

Defective  steps  leading  from  platform  to 
sidewalk,  liability  for  injury  to  pas- 
senger alighting  from  street-car. 
1915A-1213. 

Depots,  erection  ordered  by  railroad  com- 
mission, reasonableness  of  order, 
1914C-1171;   1918B-830. 

Doorway  leading  to  place  of  danger,  lia- 
bility of  carrier  to  passenger  for  in- 
juries  received.     17-462. 


CABEIERS  OF  PASSENGEES  —  Con- 
tinued. 

Lighting  station,  duty  of  railroad.     7-969. 

Proximity  of  track  to  station  platform, 
liability  of  railroad  company  to  per- 
son injured  because  of.  21-1180; 
1916A-i39. 

Suction  from  passing  train  injuring  pas- 
senger at  station,  liability  of  carrier. 
1916A-142. 

Toilet-room  for  passengers,  duty  of  carrier 
to   provide,     1916A-408, 

Waiting-room  at  junction  of  two  rail- 
roads, duty  to  provide  and  keep 
open.     18-211, 

— failure  to  provide  suitable,  as  imposing 
liability  for  injuries  from  exposure. 
6-571;   1912C-1214, 

— refusal  to  permit  passenger  to  remain 
after  closing  hours,  liability  of  rail- 
road where  weather  is  inclement. 
1913A-47, 

Wharves,  docks  or  piers,  liability  for  in- 
jury to  passenger  resulting  froiii  de- 
fective  wharf,     1916C-143, 

•^right  of  person  meeting  passenger  to 
recover  damages  for  injuries  sus- 
tained.    1916C-145. 

16.    Connecting    Carriers. 

State  statute  prescribing  duty  or  liability 
as  regulation  of  interstate  commerce. 
2-517, 

Tickets  for  connecting  line,  validity  of 
statute  requiring  carrier  to  sell. 
1913E-613, 

Wrongful  acts  or  omissions  of  connect- 
ing carriers,  liability  of  carrier  sell- 
ing  through   ticket.     3-5;    1916A-493. 

17.    Actions  Against  Carriers. 

Action  ex  contractu,  right  of  passenger 
to  bring  against  carrier  for  personal 
injuries  or  ejection  from  train.  10- 
462. 

Declarations  or  admissions  of  employee 
not  made  contemporaneously  with 
occurrence  as  admissible  in  action  by 
passenger  against  carrier.  3-624;  13- 
859. 

Derailment  of  train  or  car  as  evidence  of 
negligence  on  part  of  carrier.  12— 
1045;     1913E-552. 

Pleading,  amending  complaint  in  action 
against  carrier  of  passengers  for  per- 


128    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CABRIEBS  or  PASSENGEES  —  Con- 
tinued. 

sonal  injuries  "by  changing  descrip- 
tion of  place  of  injury  as  intro- 
ducing new  cause  of  action.  1915B- 
219. 

Presumption  of  negligence  from  collision 
resulting  in  injury  to  passenger.  4- 
10;  1917C-634. 


CARTMEN. 

Workman  under  carting  contract  as 
within  English.  Compensation  Act. 
1913C-33. 


CARTOONS. 

Newspaper    cartoon    as    libel.     1917E-190. 


CARRYING  CHARGES. 

See  Trusts. 


CARTRIDGES. 

8ee  Explosions  and  Explosives. 


CARRYING-  ON  BUSINESS. 

Decedent's  estate,  carrying  on  business  as 
directed  by  will,  liability  of  entire 
estate  for  debts  contracted.  1915C- 
367. 

Foreign  corporations,  what  constitutes 
doing  business  in  state.  2-307;  8- 
942;  11-320;  1912A-553;  1913E-1154; 
1918E-1248. 

Meaning  of  term  as  used  in  statutes. 
18-32. 

What  constitutes  within  covenant  not  to 
carry  on  similar  business  within  pre- 
scribed limits.     1915A-381. 


CARRYING  SIDE  LINE. 

Traveling  salesman  carrying  side  line  as 
breach  of  contract.     1918C-952. 


CARRYING  WEAPONS. 

See  Weapons. 

CARS. 

See  Carriers;   Bailroads. 

Attachment  or  garnishment  of  cars  of 
foreign   railroad.    2-349. 

CAR  SIGNS. 

Destination  indicated  by  car  sign  as  en- 
titling passenger  to  rely  thereon.  3— 
1080. 

CAR  STARTER. 

Fellow-servant  of  other  railroad  em- 
ployees.    9-789;  1912D-882. 


CAR  WINDOWS. 

Fall   as   affecting   liability    of    carrier    to 
passenger.     1912B-850. 


CASE. 

Meaning   of   "case"   as    used    in    sens©   of 
"action"  or  "proceeding."     21-667. 


CASH. 

Equivalent  payment  as  to  stock  subscrip- 
tions.    1912B-480. 

Wills,   "cash"   as  including   real  property. 
20-1288. 


CASHIERS. 

Authority  to  release  maker,  drawer,  in- 
dorser  or  surety  of  bill  or  note.  6— 
52. 

Notice  to  cashier  as  imputable  to  bank 
where  he  is  engaged  in  independent 
acts  in  own  interest.  6-681;  1912C- 
295. 

Power  of  cashier  to  mortgage  or  lease 
bank  property.     1912A-95,  99. 


CASH  REGISTERS. 

Independent  contractor,  person  employed 
in  connection  with  repair  as.  1918C- 
655. 


CASH  SALES. 

Waiver  by  seller  of  right  to  reclaim 
goods  for  breach  of  condition.  11- 
547. 


CASH  SURRENDER  VALUE— CELEBRATIONS. 


129 


CASH  SURRENDER 
VALUE. 

Bight  of  insured,  without  consent  of 
beneficiary,  to  surrender  or  obtain 
loan  on  life  insurance  policy  having 
cash   surrender   value.     1913D-838. 

CASTRATION. 

See  Asexualization. 


CASUAL  EMPLOYEE. 

Workmen's    Compensation    Act    as    appli- 
cable.    1918B-710. 


CASUALTY. 

Automobile  insurance,  construction  of 
policy  with  respect  to  loss  by  cas- 
ualty.    1915A-629;  1917D-57. 

Excessive  hours  of  service  under  fed- 
eral Hours  of  Service  Act  as  excused 
by    casualty.     1915D-464;    1918C-808. 

Lease,  meaning  of  "casualty"  in  lease. 
1913A-1101. 


CASUS  OMISSUS. 

statutes,     interpretation     so     as     not     to 
recognize    omission.     1913D-711. 


CAT  BITE. 

Accident  arising  out  of  and  in  course  of 
employment  under  Workmen's  Com- 
pensation Act.     1918B-816. 


CATERERS. 

Implied  warranty  of  fitness  of  food 
served,  warranting  recovery  of  con- 
sequential damages  for  breach.  16- 
498. 

CATS. 

Legal  status  of  cat.     1917A-391. 


CATTLE. 

Grazing  on  another's  land,  implied  con- 
tract to  pay  rent  for  use.  igiSC— 
1147. 

Keeping  cattle  within  municipal  limits, 
validity  of  ordinance  regulating. 
1917E-929. 

Index  to  Notes — 9 


CATTLE— Continued. 

Larceny  of  cattle,  sufficiency  of  proof 
with  respect  to  description  in  indict- 
ment.    17-738. 


CATTLE-GUARDS. 

Construction  by  railroads,  constitution- 
ality  of   statutes   requiring.     3-182. 

CAUSA  MORTIS. 

See  Gifts. 

CAUSE  OF  INJURY. 

Intervening  condition  as  proximate  cause. 
1-230. 

CAUSES  OF  ACTION. 

See  Actions  and  Proceedings. 

CAUTIOUSNESS. 

Opinion  of  witness  as  to  cautious  conduct 
of  person,  admissibility.     1913C-1077. 

CAVEAT  EMPTOR. 

Application  of  rule  as  -between  landlord 
and    tenant.     1-680. 

Guardian's  sales,  applicability  of  doctrine. 
1917E-255. 

Sheriff's  sale,  rule  as  precluding  defenses 
by    bidder.     18-501. 

Tax  sales,  application  of  doctrine.    7-920. 

CEASED  TO  BE  OPER- 
ATED. 

Meaning  in  fire  insurance  policy.  10— 
800. 

CEILINa. 

Fall  of  ceiling  as  affecting  liability  of 
landlord  to  tenant  for  injuries 
caused.     1913C-973. 


CELEBRATIONS. 

Municipal    power    to    appropriate    money 
for  celebrations.     11-976. 


130    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CELIBACY/ 

Presumption   as  to   existence  of  celibacy. 
1915C-1061. 


CELLARS. 

Burglary  of  cellar,  sufficiency  of  descrip- 
tion  in  indictment.     1913D-876. 

Mechanic's  lien,  digging  cellar  as  im- 
provement for  which  lien  may  exist. 
1912B-6. 

Right  of  abutting  owner  to  construct 
cellar  under  sidewalk.     2-366. 


CEMETERIES. 

Bequest  for  purchase  or  care,  validity. 
15-606. 

Burial  of  dead,  state  or  municipal  regula- 
tions or  restrictions,  validity.  14- 
1085. 

Crematories,  state  or  municipal  regula- 
tion.    1915C-807. 

Dedication  and  abandonment  of  land  for 
cemetery   purposes.     15-172. 

Deed  excepting  and  reserving  graveyard 
as   exception   or   reservation.     18-800. 

Equitable  relief  against  cemetery  as  nui- 
sance.    5-136;    20-794;    1917B-563. 

Municipal  power  to  take  cemetery  prop- 
erty as  trustee.     17-747. 

Partition  of  cemetery  lot.     12-976. 

Privileges  of  cemetery,  right  of  cemetery 
corporation  or  association  to  refuse 
to   applicant.     1914B-280. 

Special  assessment,  liability  of  cemetery 
or  lot  therein.  1912A-1051;  1916B- 
78. 


CENSUS. 

Census   reports   as    evidence.     9-882. 

School  census,  conclusiveness  of  enumera- 
tion made  by  proper  authorities. 
1913B-1270. 

CERTIFICATES. 

See  Acknowledgments;  Beneficial  Associa- 
tions;   Clearing-houses;    Corporations; 
..^.,  J>eath        Certificates;        Depositions; 
'  '  Naturalization;    Eeceiveors;    Taxation. 


CERTIFICATES  OF 
DEPOSIT. 

See  Banks  and  Banking. 

Deposit  in  bank  to  depositor's  credit  of 
certificate  of  deposit  issued  by  an- 
other bank,  rights  of  parties.  1913D- 
425. 

Limitation  of  actions  against  recovery  of 
deposit,  running  of  statute.     4-1146. 

Medium  of  payment  by  purchaser  at  exe- 
cution or  other  judicial  sale,  certifi- 
cate   as    proper    medium.     1915C-998. 

CERTIFICATION. 

Proper  form  of  certification  of  paper  or 
document  as  true  copy.     19120-942. 

CERTIFIED  CHECKS. 

Liability  of  drawer  or  indorser  as  af- 
fected by  certification  of  check.  11- 
245. 

Eights  of  parties  with  respect  to  certi- 
fied check  made  with  bid.  1916C- 
427. 

CERTIORARI. 

Contempt  proceedings  as  reviewable  by. 
1914D-216. 

Courts-martial  proceedings,  review  by 
civil   courts.     17-446,   447. 

Disbarment  proceedings,  right  of  attorney 
to  writ  to  review.  10-546;  1918B- 
838. 

Drainage  district  establishment,  review 
of     jurisdictional     defects.     1915C-23. 

Eminent  domain  proceedings,  who  en- 
titled to  bring  certiorari.  1914D- 
1144. 

Governor's  orders  and  acts  as  reviewable 
by  writ.     3-393. 

Highway  proceedings,  who  may  bring 
writ   to   review.     18-667. 

Muncipal  corporations,  act  of  letting  pub- 
lie    contract    as    reviewable.     17-653. 

Person  not  party,  right  to  have  proceed- 
ing   reviewed    by    certiorari.     10-861. 

Search-warrant  proceedings  as  reviewable. 
6-615. 

Taxpayer's  remedy  to  review  action  of 
board  or  commission  adversely  affect- 
ing his  interests.     1913C-910. 


CESSATION  OF  OPERATIONS— CHARACTER. 


131 


CESSATION  OF  OPERA- 
TIONS. 


Wlat     constitutes     under 
policy.     10-800. 


fire    insurance 


CESSIONS. 

state  lands,  cession  to  federal  govern- 
ment as  conferring  federal  jurisdic- 
tion  of    crimes.     3-831. 


CESTUI  QUE  TRUST. 

See  Trusts. 


CHAIN  OF  TITLE 

Eecord  of  instrument  out  of  line  of  title 
as  constructive  notice.     18-13. 


CHAIRS. 

Chair  as  deadly  weapon.     1912A-1330. 

CHALLENGES. 
See  Jury. 


CHAMBERS. 

Judge     sitting     at     chambers     as     court. 
1913E-391. 

Power    of    court    sitting    at    chambers    to 

punish    for    contempt.     1913B-35. 
— with  respect  to  pleadings.     1916A-1228, 


CHAMBERS    OF    COM- 
MERCE. 

Powers  and  liabilities  of  corporation  or 
association  organized  to  promote  busi- 
ness interests  of  community.     1917C— 

787. 


CHAMPERTY    AND    MAINTENANCE— 

Continued. 

Champertous  agreement  to  prosecute  as 
defense.     19-517. 

Civil  liability  for  maintenance.     9-863. 

Divorce  contract,  agreement  between  at- 
torney and  husband  or  wife  facilitat- 
ing procurement  of  divorce  as  cham- 
pertous.    1918E-905. 

Grantee  of  land  held  in  adverse  posses- 
sion, right  to  sue  to  recover  same 
from  adverse  holder.     1915D-527. 

Indemnity  contract  against  possible  suits 
as  species  of  maintenance.     14—559. 

Judgment  declaring  contract  void  as 
champertous  as  entitled  to  full  faith 
and  credit  in  another  state.  1914B- 
1144. 

Services  rendered  under  champertous  con- 
tract, right  to  recover  value.  1913B- 
1091. 


CHANCE. 

Distribution  of  parcels  of  land  by  chance 
as  lottery.     18-568. 

Essential  element  of  lottery.     1-168;   12- 
136. 

Lottery,  what  constitutes.     1-91. 

Validity    of    chance    or    quotient    verdict. 
16-910;    1917C-1224. 

CHANCERY. 

See  Equity, 

CHANGE  OF  CARS. 

See  Carriers  of  Passengers. 


CHANGE  OF  GRADE. 

See  Streets  and  Highways. 


CHAMPERTY  AND  MAIN- 
TENANCE. 

iAgreement  by  person  other  than  attor- 
ney to  collect,  settle  or  compromise 
claim  for  commission,  validity.  191 8A- 
797. 

Assisting  poor  person  to  prosecute  or  de- 
fend  suit    as    maintenance.     11-69. 

Attorney's  contract  with  third  person  to 
procure  legal  business,  validity.  2- 
836;   17-690. 


CHANGE   OF   PURPOSE. 

See   Corporations. 

CHANGE  OF  VENUE. 

See  Venue. 

CHARACTER. 

Alien,  moral  or  intellectual  qiialificationB 
as  determining  fitness  for  naturaliza- 
tion.    16-281. 


132    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


OHAEACTEE — Continued. 

Assault,  character  of  parties  to  civil  ac- 
tion, admissibility  of  e\T.dence. 
1914B-881. 

Breach  of  promise  of  marriage,  character 

of  plaintiff  as  admissible  in  evidence. 

1912D-963. 
— damages   as   subject  to   aggravation   by 

attack    on    plaintiff's    character.     19- 

1128. 

Carriers  of  passengers,  bad  character  of 
person  as  conferring  right  to  exclude 
from  conveyances  or  premises  of  car- 
rier.    1913B-1347. 

Custody  of  child,  character  of  custodian 
as  consideration  in  determining  right 
to  custody  on  habeas  corpus.  1914A- 
751. 

Executor,  character  for  morality  as  ef- 
fecting right  to  appointment.  1913B- 
IIBS. 

False  imprisonment,  admissibility  of  evi- 
dence of  plaintiff's  character  in  miti- 
gation  of    damages.     1914A-1021. 

Fraud,  character  or  reputation  of  party 
or  other  person  charged  in  civil  ac- 
tion with  fraud,  admissibility  of  evi- 
dence.    8-1136. 

Frauds,  statute  of,  representations  con- 
cerning character  of  another,  con- 
struction of  statute  requiring  them 
to  be  in  writing.  1-690;  12-332; 
1914A-953. 

Good  character  of  defendant  in  criminal 
case,  failure  of  accused  to  produce 
evidence  as  matter  for  comment  in 
argument   of  prosecution.     19-407. 

^presumption  as  to  good  character. 
1913I>-^07. 

— weight  of   evidence.     1913E-16. 

Homicide,    admissibility    of    evidence    of 

character     of     deceased.     4-338;     11- 

229. 
— ^family    of    deceased,     admissibility    of 

evidence  of  reputation  in  prosecution 

for  homicide.     18-983. 

— good  character  of  accused  as  admissible 
in   evidence.     11-1189. 

Insanity,  proof  by  general  reputation. 
18-935. 

Libel  and  slander,  bad  character  of  plain- 
tiff, nature  of  evidence  admissible  to 
prove.     19-986. 

•—evidence  admissible  as  to  character  or 
reputation     on     issue     of     truth     of 


OHAEACTEE — Continued. 

charge  in  action  for  libel  or  slander. 
1915D-893,    897. 

i— statement  with  respect  to  character  of 
domestic  servant  as  privileged. 
1917A-342. 

Malicious  prosecution,  admissibility  of 
evidence  of  plaintiff's  character  in 
action   for.     4-839;    1916D-1167. 

Negative  evidence,  admissibility  to  prove 
character.     17-108. 

Penalties,  character  or  reputation  of  de- 
fendant, admissibility  in  action  to  re- 
cover   penalty.     1916D-1151. 

Personal  knowledge  or  opinion  of  witness 
as  to  character  of  accused,  admissi- 
bility in  criminal  prosecution.  12- 
750. 

Seduction,  chastity  or  good  repute  of 
woman  in  prosecution  for  seduction, 
presumption  and  burden  of  proof. 
17-89;    1916A-200. 

Will  contest,  admissibility  of  evidence  of 
character  or  reputation  of  person 
charged  with  fraud.     8-1138. 

"Witness,  bad  character  as  ground  for  im- 
peaching one's  own  witness.  1914B- 
1123. 

— admissibility  of  reputation  of  witness 
at  former  residence  to  impeach  or 
sustain    his    testimony.     12-395. 

CHARGES. 

See  Carriers  of  Goods;  Carriers  of  Liv*- 
stock;  Carriers  of  Passengers;  Public 
Service  Corporations. 


CHARITIES. 

1.  In  General. 

2.  Charitable  Purposes  and  Institutions. 

3.  Creation  and  Validity. 

4.  Liability   of   Charitabl©  Institutions. 

1.    In  General. 

Appropriation  in  aid  of  charity  as  within 
constitutional  provision  against  giv- 
ing or  loaning  of  money  or  credit  of 
state   or   municipality.     1913C-1234. 

Conflict  of  laws  as  to  validity  of  testa- 
mentary gift  to  foreign  charity  and 
its   administration.     20-866. 

Cy,  pres  doctrine,  general  charitable  in- 
tent essential  to  application.  1-541; 
1912D-1170. 


CHARITIES. 


133 


CHARITIES— Contimied. 

Dissolution  of  eleemosynary  institution, 
disposition    of   realty.     1913A-1012. 

raise  pretenses,  obtaining  money  as 
charity  by  false  representations  as 
false   pretense.     19-1131. 

Identification  of  beneficiary  of  charitable 
devise  or  bequest,  admissibility  of 
parol  evidence.     1915B-17,  30. 

Inheritance  tax,  liability  of  bequests  to 
foreign  charitable  corporations.  1- 
239;    6-579;    8-159;    1912B-994. 

Intervention  of  state  or  attorney  general 
in  proceeding  in  interest  of  public 
charity,  right   of.     1913D-138. 

Mortmain  statute,  gift  in  violation  as 
void   or   voidable.     10-1030. 

Oral  promise  to  donate  money  to  charity, 
validity  and  enforceability.  1914D- 
138. 

Solicitation  of  funds  for  private  charity, 
validity  of  statute  or  ordinance  reg- 
ulating.    1917D-1133. 

Taxation,  exemption  as  to  charitable  in- 
stitutions, retrospective  operation. 
6-i38. 

—hospital  as  charity  exempt  from  taxa- 
tion.    1917B-278. 

Trustee  of  charitable  trust,  power  of  cor- 
poration  to   act   as.     8-1181. 

Witness  to  will  making  bequest  to  chari- 
table institution,  competency  of  offi- 
cer or  person  interested  in  bene- 
ficiary.    15-794. 

Workman  engaged  in  charitable  employ- 
ment as  within  English  Compensation 
Act.     1913C-31,   32. 

2.    Charitable  Purposes  and  Institutions. 

Animals,  gift  for  benefit  of  animals  as 
charity.  17-139;  19150-684;  1917B- 
927. 

Bridges,  gift  for  as  valid  charitable  gift. 
1914A-1218. 

Church,  devise  or  bequest  to  church  as 
charitable  use.  4-1139;  9-1202; 
1914D-451. 

Elks  lodge  or  body  as  charitable  insti- 
tution.    1914C-958;    1916E-786. 

Fire  company,  insurance  patrol,  or  the 
like,  as  charitable  institution.  1917C- 
797. 

Government,  gift  for  benefit  aa  valid 
charitable  gift.     1914A-1219. 


CHAEITIES— Continued. 

Highways,  gift  for  as  valid  charitable 
gift.     1914A-1218. 

Home  for  persons  of  particular  class, 
gift  for  establishment  as  charitable 
gift.     1917E-857. 

Hospital,  gift  for  establishment  as  chari- 
table   gift.     1912D-58;    1915I>-1016. 

Intoxicating  liquors,  gift  for  abolition  of 
liquor  traffic  as  valid  charitable  gift. 
I914A-1221. 

Lifeboats,  gift  for  purchase  as  valid 
charitable   gift.     1914A-1219. 

Masonic  lodge  or  body  aa  charitable  in- 
stitution.    1912A-1187;   1918E-1043. 

Masses,  validity  of  bequest  for  celebra- 
tion.    14-1025;   1915D-1122. 

Municipal  purpose,  gift  for,  aa  valid 
charitable   gift.     1914A-1217. 

National  debt,  gift  for  reduction  as  valid 
charitable    gift.     1914A-1219. 

Parks,  gift  for  public  park  as  valid  chari- 
table   gift.     1914A-1219. 

Private  memorial,  charitable  nature  of 
gift  as  affected  by  fact  it  is  so  in- 
tended.    21-1159. 

Public  buildings,  gift  for  as  valid  chari- 
table gift.     1914A-1218. 

Public  purpose  as  distinguished  from 
benevolent,  educational  or  religious 
purpose,  gift  for  aa  valid  charitable 
gift.  1914A-1215;  1918B-1208;  1918C- 
439. 

Public  works,  gift  for  as  valid  charitable 
gift.     1914A-1218. 

State  debt,  gift  for  reduction  as  valid 
charitable    gift.     1914A-1219. 

Tomb,  monument,  burial  lot  or  cemetery, 
validity  of  bequest  for  purchase  or 
care.     15-606. 

Woman  suffrage,  gift  for  furtherance  of 
cause  as  valid  charitable  gift. 
1914A-1220. 

Young  Men's  Christian  Association  or 
Young  Women's  Christian  Association 
as  constituting  charitable  institution. 
1912D-427. 

3.    Creation  and  Validity. 

Condition  of  inalienability  attached  to 
gift  for  charity,  validity  and  effect. 
12-816. 

Discretion  of  trustee  to  defeat  charitable 
trust  as  affecting  its  validity.  21- 
156. 


134    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CHARITIES— Continued. 

Inadequacy  of  gift  to  accomplish  purpose 
of  trust  as  affecting  its  validity. 
1916D-487. 

Individuals,  bequest  to  individual  mani- 
fest result  of  which  is  evasion  of 
statute  limiting  bequests  to  charity, 
validity.     13-1196. 

Institution  not  in  existence  and  begin- 
ning of  whose  existence  is  uncertain 
or  contingent,  validity  within  rule 
against  perpetuities  of  gift  to  char- 
ity.    1913A-139. 

"Eeligious  purposes"  or  for  the  "good  of 
religion,"  bequest  in  general  terms  as 
good  charitable  bequest.  1912C-1057j 
1918C-439. 

Schools,  bequest  for  support  or  establish- 
mentj  of  free  or  public  schools, 
validity.    8-925. 


4.    Liability   of    Charitable   Institutions. 

Mechanic's  lien  against  charitable  institu- 
tion,  right  to.     1915D-1145. 

Negligence  of  employers,  liability  of  pri- 
vate charitable  institution.  4-104; 
11-M50;  1913E-1129;  1915C-586; 
1916E-253;   1918E-1174. 

— unincorporated  charitable  institution  as 
within  rule.     8-1111. 


CHARMS. 

Advertisement  with  respect  to  charms  as 
scheme  to  defraud  within  statute  pro- 
hibiting use  of  mails  in  furtherance 
thereof.     19i4D-1244. 


CHARTERS— Continued, 

Corporation,  alteration  of  charter  as  re- 
leasing   stock    subscriber.     1918A-79. 

* — expiration  of  charter  as  ground  for 
suit  by  minority  stockholders  to  wind 
up   corporation.     1918E-426. 

• — lien  on  stock  in  favor  of  corporation, 
validity  of  provision  in  charter  creat- 
ing lien.     3-188;   1918D-368. 

< — power  of  corporation  to  amend  so  as 
to  shorten  term  of  existence.  1914C- 
657. 

Municipal,  change  in  charter,  when  to  be 
regarded  as  creating  new  charter  in- 
stead of  mere  amendment.  191 4D- 
1171. 

— power  to  amend  or  adopt  new  charter, 
validity  of  statute  conferring  on 
municipality.     1913C-788. 

Public  service  corporation,  relief  from 
obligations  of  charter,  power  of  mu- 
nicipality to  grant  by  ordinance. 
1914D-1071. 

Eeligious  societies,  expiration  or  repeal 
of  charter,  dissolution  or  termination 
of  existence  of  society  as  arising 
from.     1918D-10d6. 


CHARTS. 

Hospital    chart    as    evidence.     1916C-78. 

Infringement  of  copyright  on  chart, 
remedy  under  former  copyright  law 
compared  with  existing  law.  1912C- 
566. 

CHARWOMAN. 

Workman  within  English  Compensation 
Act.     1913C-31. 


CHARTER-PARTIES. 

Cancellation  in  charter-party,  construction 
of.     20-587. 

Demise    of    vessel    by    charter-party.     5- 
623;    8-496. 

".Near"  as  used  in  charter-party,  meaning 
of  word.     1913D-123. 

Written     matter     as     controlling     printed 
matter.     1913E-967. 


CHARTERS. 

Beneficial  association,  effect  of  amend- 
ment of  statute  on  rights  of  mem- 
bers.    1915C-276. 


CHASTISEMENT. 

8ee  Parent  and  Child;  Schools. 

CHASTITY. 

Criminal  seduction,   chastity  of  female   as 

element  of  offense.     19-444. 
Presumption   and   burden   of   proof   as   to 

chastity  of  woman  in  prosecution  for 

seduction.     17-89. 
Solicitation  of  chastity,  civil  and  criminal 

liability.     2-457. 


CHATTEL  LOANS. 

State   or    municipal    regulation    of    chattel 
loan   brokers.     1916E-619;   1918B-40S. 


CHATTEL  MORTGAGES. 


135 


CHATTEL   MORTGAGrES       chattel  mortgages— continued. 


1.  In  General. 

2.  Nature  of  Instrument. 

3.  Property  Mortgaged. 

4.  Validity   of  Mortgage. 

5.  Filing  and  Recording. 

6.  Rights  of  Parties. 

7.  Lien. 

8.  Enforcement. 

1.    In  General. 

Attachment,  levy  on  mortgaged  chattel, 
what  is  sufficient.     1916B-997. 

— motion  to  dissolve  attachment,  right  of 
defendant  who  has  mortgaged  chat- 
tels.    19iei>-479. 

Bill  of  sale,  action  to  have  declared  mort- 
gage, admissibility  of  evidence  of 
value  of  property  transferred.  11- 
327. 

Bulk  Sales  Act  as  violated  by  execution 
of  chattel  mortgage.     12-345. 

False  pretenses,  givitig  chattel  mortgage 
on  property  not  owned  by  mortgagor. 
14-287. 

Fire  insurance,  condition  in  policy  against 
incumbrances,  chattel  mortgage  void 
as  to  creditors  as  breach.  191oD- 
.    917. 

— giving  chattel  mortgage  as  assignment 
or  change  of  interest  of  insured  with- 
in  prohibition   of   policy.     1918D-862. 

License  tax  on  occupation  of  loaning 
money  on  chattel  security,  validity 
of    statute    imposing.     1914B-1197. 


Goodwill  as  passing  under  chattel  mort- 
gage of  business  without  mention 
thereof.     18-434. 

Increase  of  mortgaged  animals  as  in- 
cluded under  chattel  mortgage.  13- 
100;  1917C-1173. 

Location  of  property  mortgaged,  necessity 
and  sufficiency  of  description.  21- 
1026. 

Stock  of  merchandise,  additions  thereto 
as  included  under  mortgage.  1916I>- 
1215,  1228;   1918E,  743. 

— sufficiency  of  description  of  stock  in 
chattel  mortgage.     1915D-783. 

4.    Validity  of  Mortgage. 

Conditional  vendee  making  mortgage, 
validity   and  effect.     1913C-330. 

Failure  to  record  as  required  by  statute, 
validity  of  instrument  as  against  per- 
son taking  conveyance  subsequent  to 
actual    recording.     1917A-196. 

— who  is  creditor  entitled  to  attack  on 
ground  of  failure  to  file  or  renew. 
1912B-1106;   1917D-1162. 

Future  advances,  validity  and  construc- 
tion of  instrument  given  to  secure. 
9-1151. 

Precedent  debt  as  good  consideration, 
1912C-79;    1917B-935. 

Questioning  validity,  right  of  personal 
representative  of  insolvent  to  assail 
validity.     2-712. 


2.     Nature  of  Instrument. 

Conditional  sale  or  chattel  mortgage, 
clause  of  contract  authorizing  vendor 
to  retake  and  sell  goods  and  return 
surplus  proceeds  to  vendee  as  deter- 
mining.    3-639;   1912C-361. 

Fixture?,  right  of  mortgagee  of  tenant  to 
remove.     10-109. 

Instrument  in  form  of  chattel  mortgage 
as  mortgage  on  realty.     14-1101. 

Pledge  as  distinguished  from  chattel 
mortgage.     1912B-962. 

3,    Property  Mortgaged. 

Accession  to  mortgaged  property,  right  of 
mortgagee.     1917C-1170. 

Crops  to  be  planted,  validity  of  mort- 
gage or  agreement  to  mortgage.  5- 
400. 


5.    Filing  and  Recording. 

Acknowledgment,  necessity  and  suffi- 
ciency.    1915D-304. 

Change  of  possession  sufficient  to  dis- 
pense with  filing,  leaving  property  in 
possession  of  third  person  as  consti- 
tuting.    1915C-605. 

Place  of  filing  chattel  mortgage  given  by 
more   than   one   person.^    1913C-839. 

6.    Rights  of  Parties. 

Confusion  of  goods  subject  to  chattel 
mortgage,  rights  where  tortious  or 
wrongful.     1913E-668. 

Execution  sale,  right  of  chattel  mort- 
gagee to   enjoin.     1918C-273. 

Implied  authority  of  mortgagor  to  sell 
mortgaged   goods.     1913D-586. 


136    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CHATTEL  MORTGAGES— Continued. 

Injury  or  conversion  of  chattels  by  third 
person,  right  of  action  of  mortgagor. 
21-80;    1917D-554. 

Insecurity  clause,  right  of  mortgagee  to 
take     possession    under.     1914B-1097. 

Junior  chattel  mortgagee,  rights  with  re- 
spect to  mortgaged  property.  1916A- 
864. 

7.    Lien. 

Independent  action  on  debt  secured,  effect 
on  lien.     1912A-828. 

Priority  of  lien  as  between  livery-stable 
keeper  and  chattel  mortgagee.  11- 
1043;    1914B-316. 

Bemoval  of  property  from  place  of  record 
to  other  town  or  county,  effect  on 
lien.     12-947. 

Tender  after  default,  effect  upon  security 
of  chattel  mortgage.  15-495;  1914C- 
276. 

Waiver  of  lien  by  attachment.  4r-487;  17 
957;  1916C-408. 

8.    Enforcement. 

Deficiency  judgment,  right  to  in  action  to 

foreclose.     18-1075. 
Foreign  state  to  which  goods  have  been 

removed    by    mortgagor,    enforcement 

of      chattel       mortgage       in.     3-109; 

1914B-1252. 
Sale    under    chattel    mortgage,    right    of 

mortgagee      to      purchase      property. 

1913D-412. 


CHATTELS. 

See  Bailments;    Chattel  Mortgages;    Per- 
sonal Property;   Pledge;   Sales. 

Character  as  realty  or  personalty,  fixing 
by  agreement.     1-312. 

Construction  or  manufacture  of  chattel 
under  contract,  when  title  passes  on 
instalment  payments.     10-141. 

« 

CHAUFFEURS. 

See  Automobiles. 


CHEATINa. 

Cheating  as  "crime"  for  which  witness 
may  be  impeached.     1916A-276. 

Imputation  of  cheating  as  actionable 
slander   or  libel.     1912C-1266. 


CHECK-ROOM. 

Liability  for  loss  of  property  checked  for 
safekeeping.     21-97. 


CHECKS. 

1.  In  General. 

2.  Actions  on  Checks. 

1.    In  GeneraL 

Acceptance  of  check  by  agent  without 
authority  as  discharge  of  debt  to 
principal.     9-1198. 

— sufficiency  to  bind  drawee.     11-284. 

Alteration  of  figures  of  check  as  forgery. 
1912D-240. 

Assignment  of  funds  of  drawer,  ordinary 
bank  check  as.  5-189,  939;  1913D- 
418. 

Bank  sending  check  to  drawee  bank  for 
collection,  liability  of  forwarding 
bank.     8-372;    1912B-123. 

Certified  checks,  effect  of  certification 
on  liability  of  drawer  or  indorser. 
11-245. 

' — forgery  of  certified  check,  liability  of 
bank  paying  same.     1-632. 

Collection  by  bank  by  check  on  itself  as 
payment.     1915C-664. 

Corporation,  liability  of  person  signing 
check  as  officer  of  corporation.  6- 
1004. 

Death  of  maker  before  presentation  for 
payment,  effect  on  rights  of  parties. 
1915A-443. 

Delivery,  presumption  arising.  1913I>- 
1203. 

False  pretense,  giving  worthless  check 
as.     8-1069;    14-510;    1916E-736. 

Forged  indorsement,  liability  of  bank 
paying  check  to  true  holder  or  payee. 
1917D-1058. 

Gift  causa  mortis,  gift  of  cheek  as  valid. 

10-475. 
•winter    vivos,    gift    of    check    as    valid. 

1912A-330. 

Indorsement  in  blank  and  forwarded  for 
collection,   title    to   checks.     2-117. 

Insolvent  bank  receiving  deposit  of  check 
drawn  thereon,  criminal  liability  of 
officer  receiving.     1916E-592. 

Larceny,  undelivered  check  as  subject  of. 
18-138. 


CHECK  STUBS— CHILDREN. 


137 


CHECKS — Continued. 

Limitation  of  action,  part  payment  of 
debt  by  check  as  starting  statute 
running  anew.     15-372. 

Medium  of  payment  at  execution  or  other 
judicial  sale,  check  as  proper  medium. 
1915C-998. 

Memorandum  on  check  as  charging  bank 
with   notice.     1913B-1342. 

Mistake  of  bank  in  paying  check,  right 
to  recover  money  paid.  1-632; 
1912I>-494. 

Oral  order,  payment  or  transfer  of  de- 
posit by  bank  upon.     6-632. 

Part  payment  by  check  as  satisfaction  of 
disputed    claim,     16-194;     1915A-953. 

Presentment  for  payment,  reasonable  time 
when  drawn  on  bank  in  same  place 
as  residence  of  payee.     10-1121. 

— negligence  of  creditor  in  presenting 
check  of  third  person  as  discharge 
of  debtor.     5-871;    1914D-357. 

Eaised  checks,  liability  of  bank  for  pay- 
ing.    5-774. 

Stopping  payment  of  certified  check, 
right   of  drawer.     16-213;    1917A-947. 

— ordinary  check,  right  to  stop.  1914A- 
1303. 

— telegram  as  sufficient  direction  by  de- 
positor  to   stop    payment.     13—468. 

Tender  by  check,  sufficiency.     1914B-178. 

Warranty  of  genuineness,  unrestricted 
indorsement    as    constituting.     7-746. 


CHECK  STUBS. 

Admissibility  in  evidence.     1915B-799. 


CHEMISTS. 

Workmen's  compensation,  chemist  as 
workman  within  English  act.  1913C- 
30. 


CHEST. 

Bequest     of    "contents,"     effect.      1916C- 
1139. 


CHEWING-aUM. 

Food     laws     as     covering     chewing-gum. 
1913E-1293. 


CHICKEN-HOUSE. 

Burglary,  description  in  indictment,  suffi- 
ciency.    1913D-873. 

"Outhouse"  or  "out-building,"  term  as  in- 
cluding chicken-house.     1912D-1194. 


CHICKENS. 

Damages  against  owner  who  permits  fowls 
to  trespass  on  another's  land.  1913C— 
757. 

Keeping  chickens  within  municipal  limits, 
validity  of  ordinance  regulating.  14- 
1003. 


2.    Actions  on  Checks. 

Burden  of  proof  of  loss  by  reason  of  de- 
lay in  presenting  for  payment. 
1913A-1293. 

Evidence  of  depositor's  financial  standing 
and  credit,  admissibility  in  action  for 
damages   for  wrongful   dishonor.     10— 

988. 

Holder  for  collection,  right  to  sue  in  own 
name.     1913B-477. 

Lost  check,  holder's  right  to  recover 
amount  from  drawer.     14-398. 

Pleading,  sufficiency  of  complaint  in  ac- 
tion  on   bank   check.     1912A-184. 

Stub  entries  of  cheeks,  admissibility  in 
evidence.     1915B-799. 

Wrongful  dishonor  of  check,  damages  re- 
coverable by  depositor.  7-819;  10- 
899;    1913A-1001. 


CHILDREN. 

See  Infants;  Parent  and  CMId. 

Adopted  child  as  included  under  term 
"child"  in  statute.     1915B-786. 

— as  within  designation  "child"  in  will  or 
deed.     18-518. 

Adoption  statute,  meaning  of  word 
"child."     15-92. 

Child  en  ventre  sa  mere  as  included  in 
testamentary  gift  to  children.  7- 
134;   12-200;   1916E-1034. 

Grandchild  or  grandchildren  as  incladed 
in  term  child  or  children  in  statute. 
1918E-1004. 

"Heirs,"  when  term  construed  to  mean 
children.     1914B-70. 

Illegitimate  child  as  included  within 
term  "child."     1918B-249. 


138    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CHUiDBEN — Continued. 

Life  insurance,  meaning  of  term  "chil- 
dren" as  used  to  designate  benefi- 
ciaries in  policy.     15-529;   1913A-300. 

"Wills,  parol  evidence  as  admissible  to  ex- 
plain "cMld"  as  meaning  illegitimate 
child.     1915B-51;   1916A-415. 


CHILLING  BIDDING. 

KTudicial  sale,  vacation  of  sheriflf's  sale  on 
account  of  chilling  or  puflSng  bid- 
ding.    3-423. 


CHRISTIANITY. 

Christianity     as     part     of     common     law. 
1913E-1227;   1917D-761. 


CHRISTIAN  SCIENCE. 

Eeligious    belief    as    defense    to  criminal 

prosecution    for     failure     to  furnish 

medical       attendance       to  another. 
1913B-1221. 

Treatment     of     disease     as     practice     of 

medicine.     2-904. 
E— special   regulation   of    Christian    Science 

treatment  of  disease.     1917B-798. 


CHILLS. 

(Workmen's  compensation,  chill  as  acci- 
dent arising  out  of  and  in  course  of 
employment.     1918B-772,    788. 


CHRONIC  INVALID. 

Excessiveness  of  verdict  for  injuries  ren- 
dering person  chronic  invalid.     16-50. 


CHINESE. 

Competency  of  Chinaman,  as  witness.     18- 
563. 

Evidence    admissible     to     show     race     to 
which    person    belongs.     1914A-461. 


CHIROPRACTIC. 

Chiropractic  as  practice  of  medicine. 
1913C-484;  1916A-858;  1917E-1165; 
1918I>-961. 

Massage  treatment  of  disease  as  practice 
of  medicine.     1916A-861. 

Special  regulation  of  chiropractic  treat- 
ment of  disease,  validity.  1917B- 
798. 


CHOSES  IN  ACTION. 

Applicability  of  statute  against  fraud- 
ulent  conveyances.     5-370. 

Assignment  of  chose  in  action.     1-856. 
— implied    warranty   on    assignment   with- 
out recourse.     1912A-923. 

Conversion,  measure  of  damages  as  de- 
pendent on  insolvency  of  maker.  6- 
841. 

Creditor's  bill,  chose  in  action  generally 
as  reachable  by.     1914B-956. 

"Wills,  bequest  of  contents  of  receptacle 
as  including  chose  in  action.  1916C- 
1139. 


CHURCHES. 

See  Religious  Societies. 

Consolidation   or  reunion,    jurisdiction    of 

civil     court  to     review     decision     of 

ecclesiastical  tribunal  with   reference 
to.     19-289. 

Devise  or  bequest  to  church  as  charitable 
use.     4-1139;   9-1202;    1914D-451. 

Fire  insurance, "occupied"  or  "unoccupied" 
under  policy  conditions.     1912D-92. 

Intoxicating  liquors,  meaning  of  term 
"church"  in  statute  prohibiting  sale 
of  liquor  within  specified  distance 
from   church,     9-1113;   IdWD-lli. 

Larceny  from  church,  sufficiency  of  alle- 
gation in  indictment  as  to  ownership 
of   property.     18-1123. 

Pews,  transfer  of  church  property  as 
affecting  rights  of  holder.  1913C- 
476;    1915C-951. 

School  or  school  exercises,  holding  in 
church.     1918C-589. 

Taxation,  church  buildings  and  grounds 
as    exempt.     1912A-355. 


CIDER. 

Cider   as   intoxicating   liquor. 


1915D-429. 


C.  I.  F.  CONTRACTS. 

Complete  delivery  of  goods,  what  consti- 
tutes under  contract.     1914C-217. 


CIGARETTES— CIVIL  DAMAGE  ACT. 


139 


CIGARETTES. 

Importation,    right    of    state    to    prohibit. 
9-360. 

Trademark  or  trade  name  as  infringed  by 
similar   name.     1915B-346. 

Validity   of   statute   or   ordinance   forbid- 
ding  smoking.     1912D-191. 

What  are  cigarettes.    14-934. 


CIRCUS. 

Contract  limiting  liability  of  carrier  for 
injury  to  employees  on  circus  trains, 
validity    and    effect.     12-1077. 

Noise  arising  from  circus  as  nuisance. 
1912B-428. 

Proprietor  of  circus  as  engaged  in  trade. 
1916A-1199. 


CIGARS. 

Manufacturer  of  cigars  as  dealer.    1917A- 
953. 

Tenement  house,  manufacture,  validity  of 
prohibitory   statute.     2-782. 

Trademark    or    trade    name    as    infringed 
by  similar  name.     1915B-346. 


CINDERS. 

Nuisance,  running  of  statute  of  limita- 
tions against  action  for  damages. 
10-186. 


CINEMATOGRAPH. 

See  Moving  Pictures. 

CIRCUIT  COURTS. 

Jurisdiction  of  federal  court  as  affected 
by  amount  in  controversy  in  eases  of 
joint  parties  plaintiff  or  defendant. 
6-489. 

CIRCUIT  COURTS  OF 
APPEAL. 

Jurisdiction  to  review  question  of  juris- 
diction of  circuit  court.     9-387. 


CIRCULARS. 

Meaning  of  term  "circular."     1912C-1034. 


CISTERNS. 

Injury  to  trespassing  children,  liability 
of  land  owner.  7-200;  11-990; 
1913A-1032. 


CITIES. 

See  Municipal  Corporations. 

Town  or  village  as  included  within  term 
"city."     1914B-215. 

CITIZENSHIP. 

See  Aliens;  Naturalization. 

Corporation,  joint  stock  company  or  part- 
nership as  included  within  term. 
1917C-875. 

Diversity  of  citizenship  as  ground  for 
removal  of  causes  from  state  to  fed- 
eral court.     4-455;   12-520. 

— question  as  within  power  of  state  court 
to  determine.     1912A-236. 

Domicile  as  synonymous  with  citizenship. 
1915C-784. 

Intervention  in  federal  court,  citizenship 
of  petitioner  as  affecting  right  to  in- 
tervene.    1913r)-1037. 

Naturalization  of  alien  enemies.  1917C- 
214;   1918C-723. 

[Woman,  effect  of  marriage  on  citizenship. 
1915B-265;   1916E-648. 

CITY  COUNCIL. 

See  Municipal  Corporations. 


CIRCUMSTANTIAL 
DENCE. 


EVI- 


CITY  MARSHAL. 

Competency    to    prove    for    whom    illegal  Carrying    concealed    weapons,    exemption 

votes   were    cast   at   election.     1912C-  from    statute    against.     1914A-255. 
522. 

Exclusion  of  every  reasonable  hypothesis  nTVTT    nATWAr'-p    A  riT 

except    guilt    of    defendant    as    neees-  V/X  V  11j  UAiyiAKxllM  AU  i . 

sary   to    conviction   on    circumstantial  Criminal   acts   of   intoxicated   person,   lia- 

evidence.     19I3E-428.  bility    of   liquor   seller.     1913A-513. 


140    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CIVIL  DAMAGE  ACT — Continued. 

Death  by  intoxication,  liability  of  liquor 
seller  for  damages.  1-134;  1917B- 
530. 

Excessive  verdict  in  action  for  death 
under  civil  damage  act,  what  is.  18- 
1209;   1915C-460. 

Joinder  of  defendants  in  action  under. 
14-1057. 

Partnership,  liability  for  illegal  sale  of 
liquor  by  copartner.     8-276. 

Proximate  cause  of  injury,  furnishing 
liquor   as.     3-59;   13-200. 

Several  persons  contributing  to  intoxica- 
tion,  liability   under   act.     21-394. 

Suicide  as  proximately  caused  by  illegal 
sale   of  liquor.     8-1130. 


CIVIL  ENGINEERS. 

Conclusiveness  of  decision  under  working 
contract.     10-575;    1913A-180. 


CIVIL  LAW. 


1915D- 


Wills,  forced  or  necessary  heirs. 

296. 
— ^revocation    of   will  by   birth    of    child. 

1913D-1321. 


CIVIL  RIGHTS. 

Barber-shop  as  place  of  public  accommo- 
dation.    15-265. 

Carriers  of  passengers,  regulation  of  car- 
rier separating  races,  validity.  7- 
274. 

— statute  or  ordinance  providing  for 
separation  of  white  and  colored  pas- 
sengers.    20-982. 

Conspiracy  to  deprive  person,  sufficiency 
of  allegations  of  indictment  as  to 
object  and  means  of  accomplishing. 
21-44. 

Intoxicating  liquors,  validity  of  statute 
making  distinction  between  races 
with  respect  to  licensing  or  other- 
wise.    1916E-170. 

Public    accommodations,   liquor    saloon    as 

place  of  public  accommodation  under. 

1918D-114B. 
— statutes  securing  equal  rights  in  places 

of        public        accommodation.     9-69; 

1912B-860;   1915B-872. 


CIVIL  BIGHTS — Continued. 

Eemoval  of  causes,  denial  of  civil  rights 
as  ground  for  removal  to  federal 
court.     5-704, 

Eestriction  on  exercise  of  civil  rights  by 
delinquent  taxpayer,  validity  of  stat- 
ute imposing.     1916D-1099.  " 

Schools,  separation  of  white  and  colored 
pupils.     13-342;    1916C-806. 

Theaters,  applicability  of  Civil  Rights 
Act  in  case  of  persons  obnoxious  to 
proprietor.     1916B-729. 


CIVIL  SERVICE. 

Abolition  of  office  as  violation  of  civil 
service  statute.     20-246. 

Constitutionality   of   statute.     10136-1005. 

Physical  examination  of  officers  'and  em- 
ployees, power  to  compel.  1912A- 
137. 

Veterans'  preference  laws,  constitutional- 
ity and  intent.  1-291;  9-1049; 
1914D-725;    1918B-999. 


CIVIL  WAR  CLAIMS. 

Claim  against  federal  government,  attor- 
ney's fee  for  collection,  validity  of 
statute  limiting  amount.  1918C-869, 
872;    1918E-538. 


CLAIM  AND  DELIVERY, 

See   Replevin. 

CLAIMS. 

Bee  Assignments;  Carriers  of  Goods;  Car- 
riers of  Livestock;  Champerty  and 
Maintenance;  Executors  and  Adminis- 
trators; Mechanics'  Liens;  Municipal 
Corporations;  Receivers;  States;  Tele- 
graphs and  Telephones;  United 
States. 

Attorney's  negligei^ce  in  collecting  claim, 
liability   to   client.     1917B-32, 

Community  property,  for  what  claims 
liable.     1913A-319. 

Conflicting  claims  to  proceeds  of  judg- 
ment, right  of  sheriff  or  other  officer 
to  file  bill  of  interpleader  to  deter- 
mine.    1913B-231. 

Filing  claim,  delivery  of  document  to 
officer  when  not  at  office  as  constitut- 
ing.    18-250. 


CLAIMS  DUE— CLERKS. 


141 


ClaAIMS — Continued. 

Interest  on  claim,  liability  of  state. 
1914A-363. 

Internal  revenue  refund,  time  for  present- 
ing cUim.     1916A-295. 

Meaning  of  "claim"  as  used  in  statutes.  9- 
1113j  20-1121. 

Keceivers,  maturity  of  claim  after  ap- 
pointment of  receiver  as  affecting 
provability  against  assets  of  receiver- 
ship.    1913D-1184. 

Stale  claim,  enforcement  in.  equity. 
1914B-314. 

Tort  claims  as  within  statute  relating  to 
presentment  of  "claim"  against  mu- 
nicipality.    19-1113. 

United  States,  statute  prohibiting  assign- 
ment of  claims  against,  scope  and 
construction.     20-1119. 

—attorney's  fee  for  collection  of  claim 
against  federal  government,  validity 
and  construction  of  statute  limiting 
amount.     I918C-863,    872;    1918E-538. 


CLAIMS  DUE. 

Legal   meaning   of    term.     1918E-787. 


.     CLASS. 

Label  and  slander,  defamation  of  class  of 
persons,  right  of  one  of  class  to  sue. 
8-135;   14-329;   1915C-352. 

Wills,  class  of  beneficiaries  inaccurately 
enumerated,   construction.     15-45. 

^gift  to  class  as  including  persons  dead 
before  making  of  will.  5-243;  19181)- 
953. 


CLASSIFICATION. 

Differences  in  population  as  basis  for 
classification,  validity  of  statute.  15- 
856. 

Occupations,  classification  for  taxing  pur- 
poses.    15-987;    1918E-110. 

School  districts,  validity  of  statute  classi- 
fying.    1913E-1331. 

Taxation,  municipalities  classified  accord- 
ing to  differences  in  population, 
validity  of  taxing   statute.     15-860. 

— subjects  of  taxation,  classification  as 
affected  by  constitutional  requirement 
of  uniformity.     1-638. 


CLASS  LEGISLATION. 

See  Constitutioiial  Law. 

CLEARANCE  PAPERS. 

Payment  made  under  duress  to  enable 
ship  to  obtain  clearance  papers. 
1913A-1354. 


CLEARINa-HOUSES. 

Accounts,  adjustment  and  return  of  re- 
pudiated items.  1914C-522;  1917  A- 
350. 

Certificates   and    due  bills.     1914C-516. 

Collection  through  clearing-house.  1914C- 
519. 

Deposit    to    secure    balances.     1914C-517. 

Indorsement    for    clearance.     1914C-521. 

Insolvency  of  member,  effect.     1914C-o26. 

Nonmember  clearing  through  member. 
1914C-519. 

Origin  and  growth.     1914C-512. 

Rules  and  usages.     1914C-514. 

Status  and  methods.     1914C-513. 


CLEARINa  LAND. 

Dower  land,  right  of  widow  to  cut  trees 
for    cultivation    purposes.     20-975. 

Independent  contractors  as  tested  by 
character  of  employment  in  clearing 
land.     19-22. 

Waste,  changing  character  of  land  as 
waste.     1918D-543. 


CLERGYMEN. 

Libel  or  slander,  imputation  on  clergyman 
as.     20-718. 

— pulpit  statement  as  privileged  within 
law    of    slander.     1913A-340. 

— utterance  of  clergyman  or  other  repre- 
sentative of  religious  organization 
(other  than  statement  from  pulpit), 
as    actionable.     1918C-780. 

Witness,  privileged  character  of  com- 
munications made  to  minister  of 
gospel.     7-109;    19-644. 


CLERKS. 

Clerk  of  municipality  es  municipal  oflScer. 
1914D-1231. 


142    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CLERKS  OF  COURT. 

Bail  in  criminal  cases,  power  to  take. 
6-951. 

Default  judgment  entered  by  clerk  with- 
out required  order  of  court  as  void 
or    voidable.     16-1211. 

— right  of  mandamus  to  compel  entry. 
1913B-344. 

Fees,  personal  liability  of  attorney  for 
clerk's    ^ees.     1917B-521. 

Verdict,  right  of  clerk  to  receive  in 
absence  of  trial  judge.     16-90. 

CLOSED  SEASON. 

See  Fish  and  Gajne. 


CLOSETS. 

Out-of-door  closets  or  privies,  validity  of 
statute  or  ordinance  regulating. 
1916I>-212. 


CLOSING  HOURS. 

Validity  of  statute  or  ordinance  requir- 
ing place  of  business  (other  than 
liquor  saloon)  to  close  at  certain 
hour.     1915A-1097;    1918D-200. 


CLOTHING — Continued. 

Parent's  liability  for  purchase  by  minor 
child.     1913A-967. 

Second-hand  clothes,  state  or  municipal 
regulation  of  use  or  sale.  1917C- 
1068. 

Tenement  house  manufacture,  regulation 
of.     1-747. 

Trademark  or  trade  name  of  wearing  ap- 
parel as  infringed  by  similar  name. 
1915B-349. 


CLOUD  ON  TITLE. 

See    Quieting   Title. 

Injunction  against  execution  sale  to  pre- 
vent cloud  on  title,  right  to.  1918C- 
172,  324,  330,  332. 

CLUBS. 

See  Societies  and  Clubs. 
Club  as  deadly  weapon.     1912A-1330. 


COACHMAKERS. 

Coachmaker  as  engaged  in  trade.     1916A- 
1199. 


CLOSING  SCHOOL. 

Teacher's  compensation,  right  to  make 
reduction  upon  closing  of  school. 
1914D-142. 


CLOTH. 

Trademark  or  trade  name  as  infringed  by 
similar  name.     1915B-346. 


CLOTHING. 


Admissibility  in  evidence  to  establish 
identity  of  dead  body.     1918C-702. 

Contracts  to  make  and  deliver  as  within 
statute  of  frauds.     19-1305. 

Employee  stopping  work  to  obtain  clothes 
as  affecting  relation  of  master  and 
servant.     1918A-1196. 

Exemption  of  "wearing  apparel,"  meaning 
of   term   in    statute.     15-159. 

Homicide,  clothes  worn  by  victim,  time 
of  killing,  admissibility  in  evidence. 
1912B-775. 


COAL. 

Burning  soft  coal  as  nuisance.  12-846; 
1912B-1036. 

Cars  for  transportation,  duty  of  carrier 
to  furnish  adequate  number  to  meet 
demands   of  traflBe.     1914C-1261. 

Coal  mine,  yard  or  the  like  as  nuisance. 
1915D-841. 

Mining  lease,  covenant  for  diligent  prose- 
cution of  work.     20-1166. 

Trademark  or  trade  name  as  infringed  by 
similar  name.     1915B-334. 

Weighing,  etc.,  validity  of  statutes  reg- 
ulating.    11-74. 


COAL  DEALERS. 

Negligence  in  use  of  coal-hole  in  side- 
walk in  delivering  coal  to  occupant 
of    premises,    liability    for.     19-470. 

Railroad  company,  power  to  conduct  busi- 
ness  as   coal   merchant.     4-911. 

Trade,  coal  dealer  as  engaged  in.  1916A- 
1199. 


COAL-HOLES— COLD  WEATHER. 


143 


COAL-HOLES. 

Injury  to  pedestrian  from  coal-hole  in 
sidewalk,  legal  liability  for.  19-466; 
1917I>-494. 


COAL  MINES. 

Safety  regulations,  constitutionality  of 
statutes.     2-781. 

Workmen's  compensation,  injury  in  mine 
as  accident  arising  out  of  and  in 
course  of  employment.  1913C-8,  14, 
15,  20,  21. 

COAL  OIL. 

See  Oa 


COASTING. 

Injury   occasioned   by   coasting   on   public 
streets,  liability  of  city.     1-960. 


C.  0.  D. 

Delivery  to  purchaser  as  arising  where 
goods  ordered  shipped  C.  O.  D.  are 
delivered  to  carrier.  20-1036;  1916A- 
1049. 

Goods  shipped  O.  O.  D.,  rights  and  liabil- 
ities as  between  carrier  and  con- 
signee.    1916B-1220. 

Intoxicating  liquors  shipped  C.  O.  D., 
place    of    sale.     13-828;    1912D-983. 


CODES. 

Adoption    of   code   as  impliedly  repealing 
statutes.     5-202. 


CODICILS. 

Physical  attachment  of  codicil  to  will, 
necessity  in  order  to  be  effective. 
14-472. 

Reference  by  testator  to  his  will  as  in- 
cluding   codicil.     8-429. 

Revocation  of  codicil,  effect  on  will. 
1915A-102. 


COEECION— Continued. 

Jury,  what  amounts  to  coercion  by  court 
into  agreeing  on  verdict.  11-1131; 
1912D-440;   1915D-668. 

Threats  to  strike  as  unlawful  act.     3-974. 

Torture  of  accused  to  induce  confession 
as  affecting  admissibility  of  state- 
ments.    1912B-1056;  1915C-135. 


COHABITATION. 

Common-law  marriage  arising  from  co- 
habitation, necessity  for  validation, 
1915C-1018. 

Condonation  of  causes  for  divorce  as  aris- 
ing     from       cohabitation.     1912C-13; 

1918A-6o4. 

Continuance  of  cohabitation  after  re- 
moval of  impediment  as  affecting 
status  under  void  marriage.  6-484; 
1913D-544. 

Foreign  marriage,  cohabitation  under  as 
bigamy.     5-968;    19-569;    1917C-1141. 

Eemarriage  within  prescribed  time  after 
divorce,  effect  of  cohabitation  there- 
under.    1918E-559. 

Triennial  cohabitation,  rule  as  applied  to 
determination  of  question  of  im- 
poteney  in  divorce  application. 
1913A-132. 

What  constitutes  cohabitation  in  fornica- 
tion  and   adultery.     19-655. 

Witnesses,  effect  of  cohabitation  upon 
competency  of  parties  as  witnesses 
against  one  another.     6-1021. 


COINS. 

Larceny,  necessity  for  allegation  of  value 
in  indictment.     2-858. 


COLD  STORAGE. 

Food,    cold    storage    of    food.     1916A-534;" 
1916B-703;    1918C-895. 

Municipal    power    to    maintain    cold    stor- 
age plant.     1918D-911. 


COERCION. 


COLD  WEATHER. 


Employer,    levying    fine    against   him    for      Exposure    of    livestock    as    affecting    lia- 
employing  nonunion  men  as  coercion.  bility   of    carrier   for   injurj^.     1912C- 

6-851.  922. 


144    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


COLLAPSE  OF  BUILDING. 

liability    of    owner    for    injuries    caused. 
18-5;   1917A-478. 


COLLAIUBONE. 

Inadequacy  of  verdict  for  injury. 
402. 


1916B- 


COLLATERAL  AGREE- 
MENTS. 

Bill  of  sale,  parol  evidence  of  oral  agree- 
ment  to   modify   or    explain.     19-544. 

Collateral  contract  entered  into  by 
monopoly  or  corporate  trust,  validity 
and  enforceability.  8-892;  1912  A- 
1027;    1916A-122. 

Condition  of  mortgage  loan,  enforceabil- 
ity after  payment  of  mortgage. 
1914B-442. 


COLLATERAL    ATTACK. 

See  Judgments  and  Decrees. 

Attachment    levy    as   subject.     1913C-146. 

Bankruptcy  discharge  as  subject  to  in 
state  court.     18-601. 

Divorce,  collateral  attack  on  domestic 
decree.     1915B-430. 

Drainage  district,  establishment  as  sub- 
ject.    1915C-26,  40. 

Eminent  domain  proceeding  as  subject 
to.     1916C-40. 

Forfeiture  of  special  franchise  of  corpo- 
ration, necessity  of  direct  proceeding. 
1916B-179. 

Lease  made  by  state,  validity  as  subject 
to   collateral   attack.     1912B-91. 

Letters  testamentary  and  of  administra- 
tion, decree  granting  as  subject  to 
collateral  attack.     4-1117;  1912A-983. 

Municipal  organization,  collateral  attack 
on  legality.  3-242;  11-1060;  1913A- 
592. 

Public  administrator,  appointment  as  sub- 
ject to  collateral  attack.     1918B-1070. 


COLLATERAL  INHERITANCE 
TAX. 

See  Inheritance  Tax. 


COLLATERAL    SECURITY. 

See  Pledge. 

Conditional  sales  as  affected  by  taking 
collateral    security.     16-216. 

Corporate  stock  held  as  collateral  secur- 
ity, liability  of  holder  for  corpora- 
tion debts  or  calls.  10-783;  21-108; 
19160-567. 

Limitation  statute  as  started  running 
anew  by  giving  cheek,  bill  or  note  as 
collateral   security.     15-332. 

Release  of  collateral  security  by  composi- 
tion with  creditors.     1914A-841. 

Surety  as  discharged  by  negligence  of 
creditor  in  enforcing  collateral  secur- 
ity.    1912D-115;   1915C-371. 

Surrender  of  negotiable  paper  given  as 
security  as  condition  to  recovery  on 
original    obligation.     20-857. 

COLLECTION  AGENTS. 

Delegation  of  authority  by  collection 
agent.     1915D-12,  19,   30. 

COLLECTIONS. 

See    Banks;    Bills    and    Notes;    Checks; 
Taxation. 

Agreement  by  person  other  than  attorney 
to  collect,  settle  or  compromise  claim 
for   commission,   validity.     1918A-797. 

Assignment  of  debt  or  claim  for  purpose 
of  collection  in  another  jurisdi«tion, 
validity  of  statute  forbidding. 
1916D-870. 

Attorney,  liability  to  client  for  negli- 
gence or  breach  of  duty  in  collection 
of  claims.     1917B-32. 

t — extension  of  time  of  payment,  power  of 
attorney  leaving  claim  for  collection. 
1913B-1295. 

Clearing-house,    collection   by.     1914C-517. 
Traveling   salesman,    authority    as    to    col- 
lection of  accounts.     7-650;  14-858. 


COLLECTORS. 

Tax  collector  as  municipal  officer.     1914D- 
1231. 

COLLEGES  AND  UNIVER- 
SITIES. 

Appropriation    in    aid    of    educational   in- 
stitution as  within  constitutional  pro- 


COLLISION— COLOR  OF  TITLE. 


145 


'colleges  and  universities— Con- 
tinued. 

vision  against  giving  or  loaning  of 
money  or  credit  of  state  or  munici- 
pality.    1913C-1234. 

Fraternities  as  exempt  from  taxation. 
1918E-278. 

Incidental  fees,  right  to  exact  from 
students.     1914B-405. 

Municipal  power  to  take  property  as 
trustee.     17-747. 

Secret  societies  among  students,  validity 
of  statutory  or  other  prohibition. 
1916E-527. 

Statutes  relating  to,  effect  of  partial  in- 
validity.    1916D-87. 

Tuition  fee,  recovery  on  expulsion  or 
•withdrawal  of  student,     1915D-313. 


COLLISION. 

See  Carriers  of  Passengers;  Fire  Depart- 
ment; Motorcycles;  Railroads;  Street 
Railways. 

Admiralty  jurisdiction  of  collisions.  13- 
1221. 

Contribution  for  damages  to  third  party, 
admiralty  jurisdiction  of  suit.  20- 
1236. 

Death  by  wrongful  act,  liability  of  both 
vessel  owners.     1-491. 

Insurance,  meaning  of  term  "collision"  in 
automobile  or  marine  policy.  1914B- 
848. 

Limitation  of  vessel  owner's  liability  for 
collision.     1913D-1224. 

Loss  of  use  of  vessel  resulting  from  col- 
lision without  total  loss,  right  to  re- 
cover damages.     1917B-999. 

Negligence  of  vessel,  failure  to  hear  fog 
signals   as   evidence.     13-449;    18-528. 

"Peril  of  sea,"  collision  as  within  marine 
insurance    policy.     1912D-1040. 

Total  loss  of  vessel  by  collision,  prospec- 
tive profits  as  element  of  recovery. 
6-121. 

Tow,  liability  for  collision  with  another 
vessel.     19-301;    1915D-588. 


COLLUSION. 

Attorney,    lien    as    affected    by    collusive 
settlement    after    verdict.     1913E-646. 
Index  to  Notes — 10 


COLLUSION— Continued. 

Collusive  suit,  power  of  amicus  curiae  to 
inform  court.     1915A-195. 

Executor  and  debtor,  collusion  as  con- 
ferring right  of  action  on  distrib- 
utees to  sue  for  assets  of  estate.  4r- 
194. 


COLOR. 

Use  as  infringement  of  trademark  or  un-t 
fair  competition.     18-1034. 


COLORED  PERSONS. 

See  Negroes;   Races. 

Carriers  of  passengers,  applicability  of 
statute  requiring  separation  to  inter- 
state   passengers.     1915B-617. 

— regulation  of  carrier  for  separation  of 
races,  validity.     20-982. 

— statute  or  ordinance  providing  for  sepa- 
ration of  white  and  colored  passen- 
gers,  validity.     7-8,   274. 

"Colored,"  meaning  of  term  as  applied  to 
person.     1912D-457. 

Evidence  admissible  to  show  race  to 
which    person    belongs.     1914A-461. 

Master  and  servant,  color  or  race  of  em- 
ployee as  affecting  his  competency. 
1912C-96. 

Passenger  compelled  to  r^de  in  car  de- 
signed for  persons  of  another  color 
or  race,  right  to  damages.  1912B- 
969. 

Prejudice  against  race  or  color  of  party 
to  action  as  disqualifying  juror. 
1912B-969;    19I7C-1167. 

Sale  of  realty  to  colored  person,  right  to 
enjoin  owner  from  selling  or  offering 
to  sell.     1914B-826. 

Schools,  separation  of  white  and  colored 
pupils  for  purposes  of  education.  13- 
342;    1916C-806. 


COLOR  OF  TITLE. 

Award  by  arbitrators  as  color  of  title  to 
realty.     1915A-959. 

Condemnation  proceedings  as  furnishing 
color  of  title  to  land  claimed  by  ad- 
verse  possession.     19-402;    1915D-299. 

Deed  or  contract  of  married  woman  in- 
valid for  defective  acknowledgment 
or    want    of    acknowledgment,    opera- 


146    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


COLOB  OF  TITLE— Continued. 


tion 
653. 


as    color    of    title.     1918E-636, 


Fraudulent  deed  as  color  of  title.  1915D- 
137. 

Tax  deed  valid  on  face,  validity  of  title 
acquired  by  possession  thereunder  for 
period  of  statute  of  limitations  pro- 
tecting tax  titles.     16-1144. 

Trespass,  right  of  one  in  actual  posses- 
sion of  land  under  color  of  title  to 
maintain  action  against  mere  tres- 
passer.    4-190;    1915i>-37. 

Unrecorded  deed,  sufficiency  as  color  of 
title.    1-761. 


COLUMNS. 

Building  restriction  against  erection  less 
than  certain  distance  from  front  line 
of  premises  as  applicable  to  columns. 
1914A-11. 


COMBINATIONS. 

See     Oonsplracy;     Labor     Combinations; 
Monopolies. 

Bidders  at  tax  sale,  validity  of  combina- 
tion.    1913D-962. 

COMITY. 

See  Conflict  of  Laws. 


COMMERCE. 

See   Interstate   Conuuerce. 

Insurance   company   as   engaged   in   trade 
or   commerce.     1913B-979. 


COMMERCIAL  AGENT. 

Foreign  commercial  agent,  jurisdiction  of 
action  against.     19-915. 


COMMERCIAL  PAPER. 

See  Bills  and  Notes. 

COMMERCIAL  RAIL- 
ROADS. 

Street  railways  as  distinguished  from.     4- 
449;  1913C-57&. 

COMMERCIAL  TRAVELERS. 

See  Traveling  Salesmen. 


COMMISSION  AGENTS. 

See  Agency;  Brokers;  Factors. 

COMMISSIONERS. 

Fees,  personal  liability  of  attorney. 
1917B-524. 

COMMISSION    GOVERN- 
MENT. 

Commission  form  of  municipal  govern- 
ment.    1917C-1103,    1125,   1132. 

Commissioner  as  municipal  officer.  1914D- 
1231. 

Eight  of  municipality  to  adopt.  1912C- 
999;   1915A-1217. 

COMMISSION    MER- 
CHANTS. 

state  or  municipal  regulation,  validity. 
1917B-631. 

COMMISSIONS. 

See  Agency;  Attorneys;  Brokers;  Cham- 
perty and  Maintenance;  Factors;  In- 
surance;  Sheriffs  and  Constables. 

Bond  sales  by  municipality,  payment  of 
commissions  as  within  statutory  pro- 
hibition against  sale  for  less  than 
par.     1913E-86. 

Sales  on  commission,  breach  of  contract 
as  entitling  to  recovery  of  profits  as 
damages.     6-976;   10-654. 

COMMITMENT. 

Inebriate,  compulsory  commitment  to 
asylum  or  other  institution  for  treat- 
ment, validity  of  statute  providing 
for.     15-964;    1917E-359. 

Insane  persons,  due  process  of  law  in 
commitment.  1-733;  13-877;  1913C- 
323. 

Warrant  of  commitment,  legality  or  reg- 
ularity as  reviewable  by  habeas  cor- 
pus.   11-1056. 

COMMITTEES. 

See  Legislature. 

Hearing  of  charges  against  public  officer, 
power    of    body   having    authority    to 
remove  to   appoint  committee  to   con- 
•      duct  hearing.     1916C-1273. 


COMMODITY— COMPARISON. 


147 


COMMODITY. 

Legal    meaning   of   term.     1916D-986. 

COMMON  CARRIERS. 

See  Carriers. 

COMMON  DISASTER. 

SurvivorsMp,      presumption      of.     14-716; 

1913A-871. 
— validity  of  provision  in  will  relating  to 

survivorship.     1918D-842. 

COMMON  GAMBLER. 

Who    is    "common    gambler."     1913A-773. 


COMMON  LAW. 


law. 


Christianity    as     part     of     common 
1913E-1227;   1918A-971. 

Court  rule  in  contravention,  validity.  19- 
801. 

Crimes,  adoption  of  common  law  in  rela- 
tion  to.     1913E-1249;   1918A-990. 

— Sunday  labor  or  amusement  as  offense 
at   common  law.     1918B-387. 

Extent  of  adoption.  1913E-1232;  1918A- 
981. 

Federal  Employers'  Liability  Act  as 
superseding  common  law  on  same 
subject.     1915B-493. 

— election  between  act  and  common-law 
right    of   action.     1917A-1270. 

Foreign  states,  presumption  as  to  exist- 
ence in  absence  of  pleading  and 
proof.     2-807. 

Marriage,  validity  of  common-law  mar- 
riage in  American  jurisdictions. 
1912I>-597;    1917E-252. 

— ^Indian  marriages,  validity  as  common- 
law   marriage.     1918E-380. 

Similarity  in  different  states,  presumption 
as  to.     1-460. 

Unlawful  combinations  in  restraint  of 
trade    at    common   law.     1914A-430. 

What  the  common  law  includes.  1913E- 
1222;   1918A-9.68. 


COMMON  REPORT. 

See  B^putation. 


COMMUNISM. 

Communistic  society  or  corporation  as 
contrary  to  public  policy.  11-236; 
1917A-468. 

COMMUNITY  PROPERTY. 

Debts  or  claims  for  which  it  is  liable. 
1913A-319. 

Inheritance  tax,  communilj'  property  as 
subject   to.     1913D-496. 

Injunction  against  execution  sale  of  com- 
munity   property.     1918C-202. 

Purchaser  of  community  property  as  bona 
fide  purchaser.     1918C-469. 

Putative  wife,  property  rights.  1913A- 
237. 

COMMUTATION. 

Homestead  entry.     See  Exemptions. 
Occupation  taxes.     See  Licenses. 
Passenger  rates.     See  Tickets  and  Tares. 
Sentence.    See  Sentence  and  Funlshmeut. 


COMPANY. 

Word    as    importing    corporation    in    law. 
1912A-969. 


COMPARATIVE    NEGLI- 
GENCE. 

Comparison  of  negligence  under  federal 
Employers'  Liability  Act.     1914C-175. 

Jurisdictions  in  which  doctrine  is  recog- 
nized.    3-48;  19-1143. 

COMPARISON. 

Existence  of  similarity  in  order  to  make 
comparison  of  properties  as  to  their 
value  as  question  for  court.  1913D- 
582. 

Handwriting,  facsimile  signatures,  proof 
by   comparison.     1912B-417. 

' — mark  as  provable  in  evidence  by  com- 
parison,    19-504. 

— papers  in  record  as  standards  for  com- 
parison   of   handwriting.     9-451. 

— probative  effect  on  issue  of  genuineness 
of  similarities  or  dissimilarities  in 
manner  of  writing  words  or  letters. 
1913B-1317. 

Typewriting,  admissibility  of  specimen 
for  purpose  of  comparison  with  dis- 
puted  typewriting.     1914C-201. 


148    INDEX  TO  THE  NOTES;  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


COMPATIBLE  OFFICES. 

See  Public  Officers. 

COMPENSATION. 

See  Agency;  Amicus  Cxulae;  Animals; 
Arbitration  and  Award;  Architects; 
Attorneys;  Brokers;  Buildings;  Com- 
missions; Contracts;  Corporations; 
Detectives;  Eminent  Domain;  Execu- 
tors and  Administrators;  Fees;  Hus- 
band and  Wife;  Improvements;  Part- 
nership; Physicians  and  Surgeons; 
Public  Officers;  Public  Utilities;  Re- 
ceivers; ,  Salaries;  Schools;  Sheriffs 
and  Constables;  Streets  and  High- 
ways; Suretyship;  Tenants  in  Com- 
mon; Trusts;  Wages;  Witnesses; 
Workmen's  Compensation. 


COMPOSITION      WITH      CREDITORS— 

Continued. 

Construction  of  agreement  with  credi- 
tors and  effect  of  fraud  thereon. 
19I4A-836. 

Debts  discharged  thereby.     1914A-838. 

Fraud,    effect    on    agreement.     1914A-843. 

Good  faith  incumbent  on  parties  to  com- 
position    with     creditors.     1914A-843. 

Xote  or  other  security  given  as  secret 
preference,    validity.     16-1072. 

Preference  as  avoiding  composition. 
1914A-845. 

Release  of  collateral  security  or  of  surety 
as   avoiding   composition.     1914A-841. 

Secret  agreement  as  avoiding  composi- 
tion.    1914A-845. 


COMPETENT. 

Meaning  as  used  in  contract  for  services 
of    theatrical    performer.     1914B-8. 


COMPETING  LINE. 

Competing    line    of    railroad.     1913A-638. 

COMPETITION. 

Se©  Monopolies;    Municipal  Corporations; 
Partnership;    Railroads. 

COMPLAINT. 

See  Pleading. 

COMPLETED. 

Railroads,     meaning     of     "complete"     or 
"completed."     1916D-1232. 

COMPLICATION   OF   IN- 
JURIES. 

What    is    excessive    verdict.     1913A-1383. 


COMPOSITION   WITH 
CREDITORS. 

Bankruptcy  discharge  arising  from  con- 
firmation of  composition  by  creditor 
as  subject  to  collateral  attack  in 
state   court.     18-603. 

Concealment  of  facts  as  avoiding  com- 
position.    1914A-843. 


COMPOUNDING 
FENSES. 


OF 


■Actual  commission  of  offense  charged  to 
have  been  compounded,  necessity  of 
alleging  and  proving  in  criminal  and 
civil  cases.     9-565. 

Conveyance  in  consideration  for  com- 
pounding felony,  right  to  rescission. 
1913A-522. 

Parol  evidence,  admissibility  to  show 
illegality    of   contract.     16-391. 

Stolen  property,  validity  of  contract  to 
procure  compensation  for.  7-1010; 
1914A-519. 

Yalidity  of  contract  to  secure  existing  in- 
debtedness between  parties  made  in 
consideration  of  agreement  not  to 
prosecute    criminally.     15-310. 

COMPROMISE     AND 
SETTLEMENT. 

See  Accord  and  Satisfaction;  Release  and 
Discharge. 

Agreement  by  person  other  than  attorney 
to  compromise  or  settle  claim  for 
commission,  validity.     1918A-797. 

Annulment  of  compromise,  mistake  of  law 
as  ground.     1916D-347. 

Attorney  compromising  action  against 
client's  directions,  right  to  compensa- 
tion.    1913D-410. 

— contingent  fee,  right  of  attorney  as 
affected  by  settlement  between  client 
and   adversary.     18-1115. 


COMPULSORY  EDUCATION— CONCEALMENT. 


149 


COMPROMISE  AND  SETTLEMENT— 
Continued. 

— making  compromise  without  authority, 
liability   to   client.     1917B-14. 

— right  to  compromise  client's  cause  of 
action.     21-577;    1915B-832. 

Child's  cause  of  action,  right  of  parent 
or  person  in  loco  parentis  to  com- 
promise.    17-608. 

Client's  collusive  settlement  after  verdict, 
effect  on   attorney's  lien.     1913E-646, 

— settlement  of  litigation  without  consent 
of  attorney,  validity  of  stipulation 
in  contract  of  employment  prohibit- 
ing.    13-444;    1913I>-306. 

Concealment  of  facts  as  avoiding  com- 
promise  and   settlement.     16-935. 

Criminal  conversation,  legality  of  con- 
tract effecting  compromise  of  action. 
1913A-705. 

Decedent's  estate,  settlement  of  claim  in 
favor  of  deceased  by  sole  distributee, 
binding  effect  upon  administrator. 
1913B-228. 

Employers'  liability  insurance,  validity 
and  construction  of  provision  in  con- 
tract giving  insurer  control  of  settle- 
ment.    1918C-405. 

— compromise  of  claim  where  insurer  fails 
to  defend  as  entitling  insured  to 
costs  and  counsel  fees  incurred. 
1913E-115. 

Illegal  contract,  enforceability  of  agree- 
ment compromising.     11-612. 

Limitation  of  action  against  action  by 
attorney  for  services,  running  of 
statute  as  affected  by  client's  com- 
promise of  suit  without  attorney's 
knowledge.     1913A-419. 

Malicious  prosecution,  compromise  of  pro- 
ceeding as  termination  sufficient  to 
support  action  for  malicious  prosecu- 
tion.    7-454;    1915D-1250. 

Municipality,  right  to  compromise  dis- 
puted  claim.     18-1031. 

Offer  of  compromise,  admissibility  of 
statement  of  fact  made  in  connec- 
tion.    1918E-439,    456. 

Seduction  action  as  barred  by  judgment 
or  settlement  in  bastardy  proceeding. 
1918D-669. 

Subscription  for  corporate  stock,  compro- 
mise of  indebtedness  therefor  as 
affecting  right?  of  corporate  credi- 
tors.    1912B-493. 


COMPROMISE     AND     SETTXJSMENT— 

Conlinued. 

Tax,  right  of  public  authorities  to  com- 
promise.    1912A-754. 

Will  controversy,  necessary  parties  to 
compromise.     1913B-615. 

— ^validity  of  contract  to  refriin  from 
contesting    will.     15-303;     1914D-512. 

COMPULSORY  EDUCATION. 

See  Schools. 

COMPULSORY  MILITARY  SER- 
VICE. 

See  Army  and.  Navy. 

COMPULSORY  VACCINATION. 

See  Schools. 

COMPUTATION  OF  TIME. 

See    Time. 

CONCEALED    DEFECTS. 

Leased  premises,  duty  of  landlord  to  in- 
form  tenant.     1-676;    12-512. 

CONCEALED  WEAPONS. 

See  Weapons. 

CONCEALMENT. 

Bankruptcy,  concealment  of  assets  as  af- 
fecting right  of  collateral  attack  in 
state  court  on  discharge  in  bank- 
ruptcy.    18-603. 

Carriers  of  goods,  concealment  of  nature 
or  value  of  goods  delivered  to  carrier 
as  affecting  latter's  liability  for  loss 
or   injury.     5-120;    1912A-369. 

Composition  with  creditors  as  avoided  by 
concealment   of   facts.     1914A-843. 

Compromise  and  settlement  as  avoided  by 
suppression   of   facts.     16-935. 

Deed,  grantee's  concealment  of  condition 
or  value  of  property  as  ground  for 
cancellation    by    grantor.     1912A-407. 

Fidelity  insurance,  failure  of  employer  to 
notify  surety  on  fidelity  bond  of  de- 
linquency of  employee  as  affecting 
discharge  of  surety.  11-1033;  1912I>- 
1286. 

Limitation  of  action,  running  of  statute 
as  affected  by  concealment  in  case  of 
death  by   wrongful   act.     17-520. 


150    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CONCEALMENT— Continued. 

— decedent's  estate,  concealment  of  facts 
as  affecting  running  of  statute  against 
right  to  attack  distribution.  1918D- 
316. 

— malpractice,  concealment  by  physician 
as  .suspending  running  of  statute 
against  action.     1914B-908. 

Sales,  fraudulent  concealment  of  defects 
in  articles,  liability  of  seller  for  in- 
jury caused  to  stranger  by  defect. 
5-128. 

Unchastity  or  prior  marriage,  conceal- 
ment as  ground  for  divorce  or  annul- 
ment of  marriage.     1914C-1291. 


CONCEPTION. 

[Advertising  prevention,    prohibitory   stat- 
utes.    191«A-909. 


CONCESSIONARIES. 

'Amusement    devices,    liability    for    unsafe 
or    defective    appliances.     1917I>-933. 


CONCRETE  TANKS. 

Independent  contractor,  person  contract- 
ing to  build  concrete  tanks.  1918C- 
655. 

CONCUBINE. 

See  MlstreBS. 


CONCURRENT. 

(Meaning  of  term  in  insurance  policy.    5- 
755. 


CONCURRENT   JURISDIC- 
TION. 

Discretion  of  court  as  to  taking  juris- 
diction of  cause  also  triable  in  an- 
other jurisdiction.     3-1153. 

Prohibition  to  restrain  court  from  inter- 
fering with,  or  entertaining  suit 
■where  court  of  concurrent  jurisdic- 
tion has  assumed  cognizance,  14- 
206. 

(Bight  to  control  action  between  two 
courts  of  concurrent  jurisdiction.  1- 
409;   1912A-150;   1915B-1117. 

States,  concurrent  jurisdiction  over 
boundary  waters.  16-1115;  1914D- 
190. 


CONCURRENT  NEGLI- 
GENCE. 

See  Negligence. 

Eule    respecting   under   last    clear    chance 
doctrine.     1912B-890. 

CONCURRING  VERDICTS. 

See  Verdicts. 

CONCUSSION. 

Injury  to    propertv   resulting   from   blast- 
ing.    2-201;    19-787;    1916C-1176. 

CONDEMNATION  OF  LAND. 

See  Eminent  Domain. 

CONDITIONAL  ACCEPTANCE. 
See   Bills   and  Notes. 

CONDITIONAL  CONDEM- 
NATION. 

Conditional  condemnation  under  power  of 
eminent    domain.     1917C-631. 

CONDITIONAL  DELIVERY. 

See  Bills  and  Notes. 


CONDITIONAL     ESTATES. 

"Words  merely  declaratory  of  purpose  or 
consideration  of  conveyance  or  de- 
vise as  creating.  3-38;  12-227; 
1916B-606. 


CONDITIONAL  PARDONS. 

See  Pardons. 

CONDITIONAL  PLEA  OF  GUILTY. 

See  Criminal  Law. 

CONDITIONAL  SALES. 

See  Sales. 

CONDITIONAL  SIGNING. 

See  Suretyship. 

CONDITIONS. 

See  Auctions;  Bonds;  Deeds;  Fire  Insur- 
ance; Gifts;  Insurance;  Statutes; 
Subscriptions;  Tickets  and  Fares; 
Wills. 


CONDITIONS  PRECEDENT— CONFESSIONS. 


151 


CONDITIONS  PRECEDENT. 

See    Actions;     Ball     and     Recognizance; 
Wills. 

CONDITIONS  SUBSEQUENT. 

See  Wills. 


CONFECTIONERY. 

Food  within   meaning  of  pure   food   laws. 
1913E-1293. 

Trademark  or  trade  name  as  infringed  by 
similar  name.     1915B-337. 


CONDONATION. 

See   Criminal   Conversation;    Divorce. 

CONDUCT. 

See  EstoppeL 

Assault,  defendant's  conduct  either  im- 
mediately preceding  or  following  as- 
sault, admissibility  in  evidence  in 
civil  action,     1914A-959. 

Civil  service  employee,  constitutionality 
of  statutes  regulating  conduct. 
1913B-1012. 

Divorce,  conduct  of  husband's  relatives 
as  justification  for  wife's  leaving 
marital   home.     1914B-633. 

Dying  declaration  indicated  by  acts  or 
signs  instead  of  words  as  affecting 
admissibility,     1912B-231, 

False  imprisonment,  admissibility  of  evi- 
dence of  conduct,  and  character  of 
plaintiff  in  mitigation  of  damages. 
1914A-1021. 

General  conduct  under  proven  circum- 
stances, admissibility  of  evidence  to 
show  conduct  of  same  kind  under 
similar  circumstances  on  particular 
occasion.     1913D-1256, 

Official  conduct,  mandamus  to  compel  per- 
formance of  general  course  of  con- 
duct.    4-198;    20-220, 

Opinion  evidence  as  to  whether  conduct 
of  certain  person  was  careless,  reck- 
less or  negligent,  admissibility. 
1913C-1077. 

CONDUCTION. 

See   Electricity. 


CONDUCTORS. 

Authority     to     remove     trespassers     from 
trains,     1-776. 

Ejection     of     passenger    holding     invalid 
ticket,    right    of    conductor.     9-889. 

Fellow-servant     of     train     crew,     railway 
conductor   as.     3-919. 


CONFEDERATE  NOTES. 

Payment  at  judicial  sale,  confederate  note 
as  proper  medium.     1915C-999. 


CONFESSION   OF   JUDGMENT. 

See  Judgments. 

CONFESSIONS. 

See   Admissions   and   Declarations. 

Accused  tied,  chained,  shackled  or  incar- 
cerated in  dark  cell  as  affecting  ad- 
missibility.    1912B-1056. 

Argument  relative  to  admissibility,  neces- 
sity  for   exclusion    of   jury.     20-1142. 

Blood  stains,  statements  of  accused  re- 
lating  to,    admissibility.     15-817, 

Codefendants,  admissibility  in  evidence 
of  confession  of  defendant  against 
himself  and  codefendant.  4-918;  18- 
274. 

Compromise  of  criminal  charge  offered  by 
accused  and  admissions  in  connection, 
admissibility  in  evidence.     16-458. 

Conviction  as  sustainable  on  extrajudi- 
cial confession  without  corroborative 
evidence.     10-913;    1912B-1249. 

Coroner's  inquest,  admissibility  in  crimi- 
nal prosecution  of  evidence  given  by 
defendant  as  in  nature  of  confession, 
3-517;    12-161. 

Corpus  delicti,  proof  of  as  essential  to 
admissibility  of   confession.     1-823, 

Corroboration  of  accomplice,  confession  of 
defendant  as  sufficient.     1916C-570. 

Divorce  action,  weight  of  uncorroborated 
confessions.     1913B-5. 

Fraud  or  trick  in  obtaining,  admissibility 
of  confession  in  evidence,  15-274; 
1916D-966. 

Inducement  by  exhortation  to  tell  truth, 
or  by  appeal  to  religious,  moral  or 
superstitious  sentiment  as  affecting 
admissibility.     1913B-303. 

Infant,  admissibility  and  effect  of  confes- 
sion,    1912C-1062. 


152    INEIEX  TO  THE  NOTES,  1  ANN.  CAS.  TQ  ANN.  CAS.  1918E. 


CONTESSIONS— Continued.    ' 

Insanity  of  accused  at  time  of  alleged 
confession,  right  to  show.     16-1086. 

Intoxication  as  affecting  admissibility. 
1916C-1168. 

Involuntary  or  improper  confession,  ad- 
missibility to  impeach,  defendant  in 
criminal  case.     17-872. 

Language  other  than  that  in  which  it 
was  made,  admissibility  of  confession 
offered.     1912B-301. 

Memory  of  oral  statements  as  affecting 
weight  of  testimony  based  on  con- 
fession.    18-1197. 

Part  of  confession,  admissibility  in  evi- 
dence.    9-347. 

Plea  of  guilty  on  preliminary  examina- 
tion or  prior  trial  as  admissible  in 
criminal  prosecution.  5-719;  1914A- 
1053. 

Rebuttal  of  confession,  admissibility  of 
evidence.     16-791. 

Sleeping  person,  admissibility  in  evidence 
of  confession  made  while  asleep. 
1914C-561. 

Statements  made  by  defendant  before 
grand  jury,  admissibility  in  evidence 
in  criminal  action.     9-1215. 

Sweating  of  person  under  arrest  to  extort 
information,  validity  of  statute  pro- 
hibiting admission  in  evidence.  1915C- 
135. 

Third  person's  confession,  admissibility 
in  criminal  case.     1913E-722. 

Undenied  accusation  of  crime  as  implied 
confession  admissible  in  evidence. 
4-1042 i   12-875. 

Voluntary  character,  evidence  as  to,  right 
of  accused  to  introduce  before  admis- 
sion of  confession  in  evidence.  15- 
185. 


CONFIDENCE     GAME. 

What     is     confidence     game.     1912A-758j 
1916A-734. 


CONFIDENTIAL     RELA- 
TIONS. 

See  Fiduciaries. 

Constructive  trust  arising  out  of  oral 
agreement  under  influence  of  con- 
fidential relations.     2-777. 


CONFIDENTIAL  BKLATIONS  —  Con- 
tinued. 

Existence  as  ground  for  setting  aside 
trust  during  life  of  creator  for  fraud 
or  undue   influence.     19180-845. 


CONFINED  TO  HOUSE. 

Meaning  of  term,  or  similar  phrase  in 
accident  or  health  insurance  policy. 
18-1111;    1915A-262;    1918C-531. 


CONFIRMATION. 

Appointments  to  public  office,  necessity  of 
confirmation.     17-1011. 


CONFLICT  OF  LAWS. 

See  Foreign  Laws. 

Acknowledgment  before  woman  notary, 
validity  in  foreign  jurisdiction. 
1914C-204. 

Adoption,  inheritance  by  adopted  child, 
what  law  governs.  16-779;  1916B- 
94;    1918B-1028. 

Arbitration  contract,  validity  as  deter- 
minable by  law  of  forum.  1915C- 
854;   1918E-494. 

Assignment  of  debt  or  claim  for  collec- 
tion in  another  jurisdiction,  validity 
of    statute    forbidding.     1916D-870. 

Baggage  liability  of  carrier  limited  to 
certain  amount,  validity  and  effect 
of  stipulation  on  passenger  ticket. 
1912B-286. 

Bankruptcy  as  affecting  owner's  title  to 
property  in  foreign  country.  21- 
1040. 

— effect  of  national  act  on  state  insol- 
vency law  with  respect  to  who  may 
be  adjudged  bankrupt.^    1913E-957. 

Bills  and  notes,  attorney's  fee,  validity 
of  stipulation  in  promissory  note. 
1917D-360. 

• — damages  recoverable  by  holder  of  dis- 
honored bill  of  exchange.  1913A- 
813. 

— liability  of  drawer  or  indorser  as  de- 
pendent upon  presentment,  protest  or 
notice,    law    governing.     12-455. 

— married  woman's  liability  as  accommo- 
dation   maker    and    indorser.     20-618. 

— negotiability  of  promissory  note,  what 
law    determines.     1912D-12. 

— place  of  execution  of  bill  or  note. 
1915D-1135. 


CONFLICT  OF  LAWS. 


153 


CONFLICT  OF  LAWS— Continued. 

— transfer  of  eommereial  paper,  conflict 
of   laws   as   to   validity.     2-706. 

Carrier's  common-law  liability,  law  gov- 
erning validity  of  contract  limiting. 
4-1106. 

— limitation  of  liability  for  negligence 
under   stipulation  in  pass.     4-559. 

— place  of  contract,  what  is  on  purchase 
of  railroad  ticket  by  passenger. 
1912C-542. 

Charities,  testamentary  gift  to  foreign 
charity  and  administration  thereof, 
law   governing   validity.     20-866. 

Chattel  mortgage,  enforcement  in  foreign 
jurisdiction  to  which  goods  have 
been  removed  by  mortgagor.  3-109; 
1914B-1252. 

Conditional  sales,  rights  of  innocent  pur- 
chaser from  conditional  vendee. 
1916A-880. 

Corporate  stock,  law  governing  transfer. 
1917D-959. 

Damages  for  mental  anguish,  law  govern- 
ing recovery  in  telegraph  cases.  7- 
1068;  19-1063;  1912D-845. 

Death  by  wrongful  act,  damages  as  re- 
coverable by  suit  in  foreign  juris- 
diction under  statute  permitting  re- 
covery. 2-805;  13-1036;  1913D-568; 
1914C-719. 

— distribution  of  damages  recovered,  law 
governing.     8-149;  1913D-282. 

Decedents'  estates,  conflict  of  laws  as  to 
administration  of  estate  of  decedent 
dying  in  foreign  country.     1916D-237. 

Divorce,  custody  of  children  after  divorce. 
12-1059. 

— dower  rights,  effect  of  foreign  divorce. 
1913E-555. 

^-extraterritorial  effect  of  foreign  decree. 
4-864;  20-870. 

— remarriage  of  party  or  parties,  extra- 
territorial effect  of  divorce  decree  or 
statute  prohibiting.  15-758;  1918E- 
1074. 

— title  to  land  situated  in  another  juris- 
diction, validity  of  decree  passing 
title.     17-859. 

Employers'  liability,  what  law  governs 
practice  under  federal  act.  1916B- 
255. 

Evidence,  law  governing  admissibility. 
1915B-844. 


OONFIilCT  OF  LAWS— Continued. 

Executors  and  administrators,  suit  in  one 
state  upon  bond  of  administrator  ap- 
pointed in  another  state.     1913B-348. 

Executory  contract  relating  to  realty. 
20^68. 

Federal  statutes  superseding  state  laws  as 
to  food  and  drugs.     1915A-45. 

— hours  of  labor  regulation.  19-816; 
1915D-412.  . 

— ^point  of  time  at  which  federal  statute 
operates  in  superseding  state  statute. 
17-1016. 

— telegraph  line  construction  upon  public 
roads,  power  under  federal  act  as 
affected  by  state  laws.     1-533. 

Fellow-servant  doctrine,  conflict  of  laws 
as  to.     7-257. 

Foreign  corporation,  court  control  of  in- 
ternal affairs.     19-84;   1913E-457. 

— eminent  domain  powers  outside  home 
state.     1915C-929. 

— ^noncompliance  with  domestic  statutes 
as  affecting  nondomestic  contracts. 
1914A-709. 

— 'taxation  of  shares  of  stock.  15-895; 
1916C-829,  841,  844. 

Foreign  sovereign  or  foreign  state,  ju- 
risdiction of  court  of  action  against. 
1918E-527. 

Fraudulent  conveyance  of  realty  situate 
in  another  state,  power  of  court  to 
set  aside.     5-533. 

Gambling  contracts  or  agreements  col- 
lateral thereto,  law  governing  va- 
lidity.    17-48. 

Garnishment,  jurisdiction  other  than  that' 
in  which  judgment  is  rendered,  lia- 
bility of  judgment  debtor  to  garnish- 
ment.    1914A-957. 

— payment  of  judgment  by  garnishee  as 
affecting  liability  to  principal  de- 
fendant in  another  jurisdiction. 
1918C-829. 

Gift  causa  mortis,  law  governing  validity. 
1912C-272. 

Homicide,  jurisdiction  of  prosecution 
where  act  occurs  in  one  state  and 
death  in  another.     1913E-468. 

Husband  and  wife,  mortgage  or  pledge 
of  property  by  married  woman  for 
husband's  benefit,  law  governing. 
1917B-611. 

— separate  property  rights  of  married  per- 
sons    as     affected    by    removal    into 


154    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CONFUCT  OF  LAWS— Continued. 

state    governed    by    community    prop- 
erty laws.     13-840. 

— surety  for  husband,  law  governing  right 
of  married  woman  to  become.  1917B- 
603,  617. 

Illegitimacy,  status  of  person  as  legiti- 
mate or  illegitimate.     1917C-537. 

Inheritance  tax  as  payable  out  of  estate 
or  out  of  legacy  or  devise.     20-1360. 

— situs  of  real  property  as  affecting  lia- 
bility to  inheritance  tax.     1915A-169. 

Injunction  against  proceedings  in  another 
state  or  country,  power  of  court  to 
enjoin.  10-26;  16-673;  1913B-204; 
1915A-834;  1918B-1150. 

Insurance  contract,  law  governing.  19- 
30;  1913B-925;  1918D-1159;  1918E- 
602. 

Interest,  liability  of  state  to  pay.  1914A- 
364. 

Judgments,  limitation  of  action  on  for- 
eign judgment.     8-1123. 

Limitation  of  actions,  cause  of  action 
arising  in  foreign  jurisdiction,  what 
limitation    statute    governs.     5-546. 

— extraterritorial  effect  on  statutory 
cause  of  action.     2-151. 

Marriage,  dissolution  by  other  than  court 
decree,  validity  in  another  jurisdic- 
tion.    1913D-537. 

— foreign  marriages.  3-1054;  12-577; 
1912C-625. 

— property  rights  in  one  state  as  affected 
by  foreign  marriage  valid  where 
made  but  invalid  in  state  of  situs 
of  property.     1915B-1002. 

— remarrying  in  foreign  jurisdiction  after 
decree  of  divorce  forbidding  remar- 
riage as  constituting  contempt  of 
court.     1914A-1175. 

Mechanics'  liens  as  enforceable  in  one 
state  for  work  or  materials  furnished 
in  another  state.     10-374. 

Mortgages,  validity  and  effect.  1913C- 
230. 

Partition  of  land  in  another  state  or 
country.     1912B-991. 

Partnership,  judgment  against  partnership 
without  service  on  nonresident  part- 
ner as  binding  latter.     20-1242. 

Penal  statute  which  is  partly  compensa- 
tory, enforcement  in  foreign  state. 
1913E-245. 


CONFUCT  OF  LAWS— Continued. 

Place  of  performance,  contracts  governed 
by  laws  of  place.     1-88. 

Public  lands,  succession  to  rights  of  home- 
steader on  death  before  perfection  of 
title.     1912C-697. 

Eeceivers,  act  of  interference  with  re- 
ceiver committed  outside  of  juris- 
diction, power  of  court  to  protect 
against.     1915D-707. 

Setoff,  law  governing.     4-88. 

Specific  performance  of  executory  con- 
tract for  sale  of  realty  situated  in 
another  state  or  country,  right  of 
vendor  to  maintain  action.  1912C- 
539. 

Steamship  ticket  stipulation  against  lia- 
bility for  baggage  of  passenger.  9- 
915. 

Survival  of  actions,  law  governing.  6- 
584;  1914B-114. 

Torts,  elements  of  damages  in  action  for. 

4-524. 
Trademarks    or    trade    names,    territorial 

extent   of  rights.     5-560;   1914C-931. 

United  States  citizens  performing  acts  in 
another  country,  operation  of  federal 
statute  as  to.     16-1050. 

XTsury  laws  concerning  building  and  loan 
contracts.     1-241;   14-736. 

— extraterritorial  operation  of  statutes 
cutting  off  defense  of  usury  to  cor- 
porations.    14-117. 

— mortgage  on  lands  in  one  jurisdiction 
given  to  secure  debt  contracted  or 
obligation  executed  in  another  juris- 
diction, law  governing  validity.  11- 
225. 

Wills,  after-acquired  realty,  what  law 
governs    passing   by   will.     18-174. 

— construction  of  will,  effect  of  statute 
passed  after  its  execution.  1913A- 
1290. 

— election  made  with  respect  to  will, 
effect  in  another  jurisdiction.  1914A- 
446. 

— execution  as  governed  by  law  in  force 
at  time  of  testator's  death  or  at  time 
of  execution.     13-1154. 

— personalty,  law  governing  execution  of 
will   of  personalty.     9—44. 

— powers,  execution  by  general  devise  or 
bequest  as  affected  by  statutory  pro- 
visions of  different  jurisdictions.  16- 
206. 


CONFRONTING  WITNESSES— CONSENT. 


155 


CONFLICT  OF  LAWS— Continued. 

— probate  of  foreign  will  abroad,  conclu- 
siveness in  domestic  courts.     9-422. 

— realty,  laws  governing  execution  and 
construction  of  will  of  realty.  2-591; 
11-498;  18-578. 

— revocation  of  woman's  will  by  subse- 
quent marriage.  1913A-224;  1916A- 
365. 

• — testamentary  gift  of  homestead,  law 
governing  right  to  make.     21-251. 

Workmen's  Compensation  Act  as  applica- 
ble to  injury  received  in  another 
jurisdiction.  1914D-377;  1916B-162; 
1918B-625;   1918D-318, 

CONFROKTINa  WIT- 
NESSES. 

Inability  of  accused  to  understand  lan- 
guage of  witnesses  as  depriving  him 
of  constitutional  right  to  confront 
witnesses.     1913D-673. 

Eight  of  accused  to  confront  witnesses  at 
trial.     1-471. 

Use  of  deposition  as  affecting  right  of  ac- 
cused to  confront  witness.  1916A— 
1091. 


CONFUSION  OF  GOODS. 

Consent  of  owners.     1913E-692. 
Execution    on    goods    of    stranger    mixed 

with  those   of  debtor,  right  of  officer 

to  levy.     18-948. 

Mistake  or  accident,  confusion  of  goods 
resulting  from.  1913E-678;  1918  A- 
746. 

Tortious  or  wrongful,  measure  of  dam- 
ages.    1913E-665;   1918A-740. 

CONGESTION  OF 
FREIGHT. 

Unusual  and  excessive  amount  of  freight 
to  be  handled  as  excusing  delay  in 
transportation  by  carrier.  11-274; 
1913D-967;   1918D-143. 


CONGRESS — Continued. 

Election    contests,    declarations    of    voters 

as   to   how   they   voted,   admissibility. 

15-244. 
Process,   exemption    of   congressman   from 

service  in  civil  actions.     2-615. 
War    power,    nature    and    scope.     1918B - 

1009. 

CONNECTING   CARRIERS. 

See  Carriers  of  Goods;   Carriers  of  Live- 
stock; Carriers  of  Passengers. 


CONNECTIONS. 

Public  service  corporations,  power  of 
state  or  public  service  commission 
to  compel  connections  between. 
1915C-890. 

Telephone  company,  duty  to  supply  tele- 
phone connections  and  facilities  with- 
out  discrimination.     1912C-135. 

Train  connections  with  other  railroads, 
power  of  railroad  commission  to  com- 
pel.    11^06. 


CONNIVANCE. 

Adultery,  connivance  or  procurement  by 
other  spouse  as  defense  to  prosecu- 
tion.    1916E-741. 

Bank  officer,  connivance  in  the  receiving 
or  accepting  deposits  after  insol- 
vency as  affecting  criminal  liability. 
1912B-317. 

Criminal  conversation,  connivance  by 
husband  as  bar  to  action.     5-867. 

Divorce,  connivance  as  bar.  10-819; 
1915C-80. 

CONSCRIPTION. 

See  Army  and  Navy. 


CONSECUTIVE    SERVICE. 

Validity  and  construction  of  statute 
limiting  consecutive  service  by  pub- 
lic   officer.     1918E-358. 


CONGRESS. 


CONSENT. 


Contempt,  power  to  punish  witness.  7-  Abduction,  consent  of  child  as  affecting 
877 .   1916B-1118.  crime  of  abduction.     1913A-588. 

—person  other  than  witness,  power  to  Adoption  of  child,  consent  of  parents  as 
punish.     1918B-378.  prerequisite.     1914A-221. 


156    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CONSENT— Continued. 

Advancement,  gift  to  husband  as  ad- 
vancement for  daughter,  necessity  of 
latter's  consent.     18-546. 

Assignment  for  benefit  of  creditors,  nec- 
essity of  assent  of  creditors.  1913A- 
8l8. 

Attorney,  discharge  at  will  of  client, 
necessity  of  consent  of  court.  19- 
593. 

Bill  of  exceptions,  consent  of  parties  as 
conferring  jurisdiction  on  court  to 
sign  after  time  fixed  by  statute. 
13-1115. 

Confusion  of  goods  with  consent  of 
owners.     1913E-692. 

Executors  and  administrators,  power  of 
court  to  appoint  coadministrator 
against  consent  of  persons  entitled 
to  administration.     4-550. 

Expectancy,  necessity  of  consent  of  an- 
cestor to  transfer  to  stranger. 
1916E-1248,   1263. 

Fire  insurance,  consent  of  insured  to  tak- 
ing out  additional  insurance  as  neces- 
sary to  avoid  policy.     1912D-632. 

Homicide,  consent  of  deceased  as  affect- 
ing crime  of  murder.     14-994. 

Husband,  consent  to  services  of  wife 
outside  of  home,  necessity  in  order 
to"  entitle  wife  to  recovery.  1915C-* 
1185. 

Incest,  necessity  of  consent  of  both  par- 
ties as  element  of  crime.  8-910; 
21-1257. 

Instructions,  giving  further  instructions 
after  retirement  of  jury  as  neces- 
sitating consent  of  counsel.     17-536. 

Intoxicating  liquors,  consent  of  abutting 
owners  to  issuance  of  liquor  license. 
1-60. 

— power  of  infant  to  consent  to  issu- 
ance   of   license.     1916C-497. 

Jurisdiction  of  court,  consent  in  action 
based  on  illegal  contract  as  affecting 
court's  power  to  dismiss.  1912A- 
1035. 

Landlord  and  tenant,  assignment  of  lease, 
necessity  of  lessor's  consent  in  order 
to  subject  assignee  to  liability  for 
rent.     1916E-804,  844. 

' — holding  over  by  tenant  without  land- 
lord's consent,  measure  of  damages. 
17-284. 


CONSENT— Continued. 

• — sublease  of  premises,  sufficiency  of 
oral  where  lease  requires  written 
consent.     16-606. 

Larceny,  facilitation  of  theft  as  consent 
to   taking.     10-631. 

Laundry  operation,  validity  of  statutes 
requiring  municipal  or  property 
holders'    consent.     21-981. 

Life  insurance,  consent  of  beneficiary  as 
necessary  to  surrender  of  policy  or  to 
loan  thereon  to  insured.     1913D-838. 

Marriage,  validity  without  consent  of 
parents  or  guardian.     17-94. 

Mechanic's  lien,  improvements  on  realty 
with  consent  but  not  at  expense 
of  owner,  right  to  lien.  11-1082; 
19-734;  1916C-1133. 

Militia,  validity  of  enlistment  of  minor 
in  state  military  service  as  depen- 
dent on  consent  of  parent.  1913C- 
1273. 

Novation,  consent  of  creditor  as  essen- 
tial to  substitution  of  debtor.  1914A- 
339. 

Nuisance,  consent  to  erection  of  struc- 
ture as  precluding  objection  thereto 
as   nuisance.     1916C-1236. 

Parent  and  child,  want  of  consent  to 
employment  of  infant  as  affecting 
liability  of  master  to  parent  for  in- 
juries.    1913C-234. 

Partnership,  dissolution  as  dependent 
upon  mutual  consent  under  terms  of 
contract.     19-383. 

Pledge,  consent  of  pledgor  to  purchase 
of  pledged  property  by  pledgee  as 
validating   transaction.     1912A-524. 

Rape,  absence  of  consent,  resistance  neces- 
sary to   establish.     9-572. 

— acts  of  familiarity  or  intimacy  be- 
tween rape  prosecutrix  and  defend- 
ant as  admissible  for  purpose  of 
showing  consent  of  prosecutrix.  11- 
673. 

— consent  of  female  as  defense  to  civil 
liability  for  rape  or  assault  with  in- 
tent  to    commit.     1916A-249. 

• — intercourse  by  consent  secured  through 
mock   marriage   as   rape.     1912C-131. 

• — sexual  intercourse  consented  to  by 
weak-minded  woman  as  affecting 
crime    of    rape.     1912B-1051. 

—want  of  consent,  necessity  of  showing 
in  prosecution  for  assault  with  intent 


CONSEQUENTIAL  INJURIES— CONSIDERATION. 


157 


CONSENT— Continued. 

to  commit  on   girl   under  age   of  con- 
sent.    5-354;    1913A-164. 

Eeeeiver's  certificates,  necessity  of  ob- 
taining consent  from  prior  lien- 
holders  for  issuance.     1913C-47. 

Eobbery,  consent  on  part  of  person  robbed. 

13-460. 
Surgical    operation,    right    to    perform    as 

affected    by    consent    of    patient.     5- 

306;  8-196;  1916C-1105. 

Trust  property  conveyed  by  one  trustee 
without  consent  of  cotrustees,  effect. 
4-953. 


CONSEQUENTIAL    IN^ 
JURIES. 

Limitation  of  actions  as  running  from 
date  of  actual  damage.     13-698. 

CONSIDERATION. 

Agency,  sale  by  agent  to  himself,  ade- 
quacy of  consideration  as  affecting 
validity.     1912A-1175. 

Antenuptial  agreement  for  release  of 
dower  or  like  interest,  effect  of  fail- 
ure of  consideration.     1918A-1168. 

Appeal  and  error,  waiver  of  right  to  ap- 
peal, necessity  of  consideration.  19- 
1058. 

Bills  and  notes,  expression  of  considera- 
tion in  promissory  note  as  affecting 
negotiability.     1912D-10. 

— ^natural  love  and  affection  as  sufficient 
consideration  for  note  executed  by 
parent  to  child.     13-165. 

— partial  failure  of  consideration  as  de- 
fense to  action  on  bill  or  note.  2- 
430. 

— ^payment  of  less  than  face  value  as  af- 
fecting bona  fides  of  transfer  of 
negotiable  instrument.     17-386. 

— renewal  of  note  as  estoppel  to  set  up 
failure  or  want  of  consideration. 
1916A-826. 

— waiver  of  protest,  necessity  of  new  con- 
sideration to  support.     5-478. 

— want  of  consideration  as  defense,  bur- 
den of  proof  in  action.     18-205. 

Carrier  of  goods,  waiver  by  shipper  of 
carrier's  liability  for  loss  of  goods 
by  fire,  necessity  of  consideration. 
20-234. 


CONSIDERATION— Continued. 

Chattel  mortgage,  precedent  debt  as  good 
consideration.     1912C-79. 

Contracts,  agreement  unenforceable  be- 
cause of  statute  of  frauds  as  con- 
sideration, for  new  contract.  19- 
1182. 

— discontinuance  of  bastardy  proceedings 
as  consideration.     2^93. 

• — executed  illegal  contract,  recovery  of 
consideration  when  parties  are  in 
pari   delicto.     4-714. 

— ^privilege  of  naming  child  as  valid  con- 
sideration.    11-482. 

Deed,  limitation  of  action  on,  recital  of 
consideration  as  written  promise  to 
pay  within  statute.     2-470. 

— recital  of  consideration  as  binding 
stranger  to  instrument.     1915A-96. 

Failure  in  whole  or  part,  right  to  set  up 
defense  under  general  issue  or  denial 
in  action  on  negotiable  instrument. 
1913B-318. 

Frauds,  statute  of,  contract  within  stat- 
ute other  than  contract  to  answer  for 
debt  of  another,  necessity  for  state- 
ment of  consideration.  3-656;  1918 A- 
134. 

— "for  value  received"  recital  as  sufficient 
statement  of  consideration  oh  con- 
tract within  statute  of  frauds. 
1912A-1242. 

• — promise  to  answer  for  debt  of  another, 
necessity  for  statement  of  considera- 
tion in  memorandum  of  contract. 
1913B-986. 

— relinquishment  of  lien  by  promisee 
upon  promise  to  pay  debt  of  another 
as  sufficient  consideration  to  take 
contract  out  of  statute  of  frauds. 
1913D-319. 

Gaming,  forbearance  to  sue  as  new  con- 
sideration validating  claim  for 
gambling    debt.     14-249. 

Guaranty  contract,  forbearance  as  suffi- 
cient  consideration.     1916A-970. 

— recital  of  consideration  as  establishing 
absolute   guaranty.     15-1165. 

Intoxicating  liquors,  prosecution  for  un- 
lawful sale,  necessity  of  alleging  con- 
sideration therefor.     19-693. 

Joint  adventure,  sufficiency  of  considera- 
tion to  support  agreement.  1912C- 
205. 

Lease  of  agricultural  lands  within  con- 
stitutional    prohibition     against     long 


158     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CONSIDEBATION— Continued. 

leases     as      affected     by      nature     of 
consideration.     15-346;    1914A-349. 

License,  payment  of  consideration  by  li- 
censee as  affecting  licensor's  right 
of  revoking.     7-717;   1913A-76. 

Mortgages,  agreement  by  mortgagor  to 
convey  premises  t»  mortgagee  in  con- 
sideration of  release  from  liability 
under  mortgage,  validity.  1913C- 
1243. 

One  dollar,  recital  in  instrument  as  suf- 
ficient valuable  consideration.  1912B- 
3G3. 

Optional  contract,  failure  of  considera- 
tion as  affecting  right  to  enforce. 
1913A-364. 

Parol  evidence  varying  that  shown  by 
written   agreement.     2-148. 

Partial  failure,  right  to  show  under  plea 
of  total  failure.     1914B-758. 

Passes  in  consideration  for  conveyance 
of  land  to  railroad,  construction  of 
agreement.     21-597. 

Past  services  rendered  by  one  member 
of  family  to  another,  enforceability 
of  .  note   given   for,     1913A-865. 

Patent  right,  statute  requiring  note  given 
to  show  consideration,  validity.  5- 
426. 

Quitclaim  deed,  necessity  of  considera- 
tion to  give  precedence  over  prior 
unrecorded  conveyance.     19-320. 

Receiver's  certificates.     1913C-51. 

Reformation  of  instrument,  want  of  con- 
sideration as  affecting  right  to  re- 
form.    10-523. 

Release  of  damages  for  personal  injury, 
consideration  of  re-employment  of 
releasor  by  releasee,  validity.  4- 
647;  1916E-175. 

— necessity  of  returning  or  tendering 
consideration  on  repudiation.  4-655; 
10-739;   1912D-1084. 

Remainders  and  reversions,  inadequacy  of 
consideration  as  ground  for  vacatincj 
sale    of   vested    interest.     1914B-1042. 

Rescission,  conveyance  based  on  com- 
pounding of  felony  as  affecting  right 
of  rescission.     1913A-522. 

— fraudulent  contracts,  return  of  con- 
sideration.    1-911. 


CONSIDERATION— Continued. 

Restraint  of  trade,  consideration  as  ele- 
ment in  determining  validity  of  con- 
tract by  servant  not  to  engage  in 
similar   business   as   master.     8-157. 

■ — sale  of  business  as  sufficient  considera- 
tion for  covenant  restraining  vendor 
from  future  exercise  of  trade  or  pro- 
fession.    1913A-293. 

Sales,  parol  evidence  to  modify  or  ex- 
plain consideration  of  bill  of  sale. 
19-545. 

— ^pre-existing  debt,  purchaser  of  chattel 
for  pre-existing  debt  as  purchaser  for 
value.     1918A-455. 

Seal  as  importing  consideration.  1913A— 
365. 

Specific  performance  of  contract,  inade- 
quacy of  consideration  as  ground  for 
denying.     12-122. 

Suretyship  based  on  consideration  as  af- 
fecting subrogation  of  surety  to  rights 
of  creditor.     1913A-565;  1918E-660. 

— extension  of  time  for  payment  of  debt 
as  sufficient  consideration  for  con- 
tract of  suretyship.     1918C-576. 

Trusts,  part  payment  of  consideration 
for  realty  taken  in  name  of  another 
as  creation  of  resulting  trust.  2- 
667. 

Vendor  and  purchaser,  antecedent  debt 
as  consideration  constituting  grantee 
or  mortgagee  purchaser  for  value. 
3-395. 

— conveyance  in  payment  of  pre-existing 
debt,  person  taking  as  purchaser  for 
value.     1918A-112. 

— implied  vendor's  lien  as  existing  where 
consideration  for  conveyance  is 
agreement  to  support  vendor  for  life. 
1917C-288. 

— return  of  consideration  on  repudiation 
of  void  contract   of  sale.     1914C-898. 

Wills,  contract  to  make  will,  necessity 
and  sufficiency  of  consideration  to 
warrant  specific  performance.  1914A- 
407. 

— devise  of  land  orally  agreed  upon,  re- 
covery of  consideration  for  breach. 
20-1137. 


CONSIGNOR  AND  CONSIGNEE. 

See  Carriers  of  Goods. 


CONSOLIDATION— CONSPIRACY. 


159 


CONSOLIDATION. 

Actions,  different  classes  of  cases  sus- 
ceptible of  consolidation.  1913E- 
1053. 

Corporations,  assent  of  all  stockholders 
to  consolidation,  necessity  of.  19- 
1266;    1918A-165. 

— mortgage  bonds,  power  of  consolidated 
corporation   to   issue.     20-1282. 

— remedy  of  creditor  against  corporation 
which  has  become  merged  in  another. 
19140-^49. 

— right  to  consolidate  in  absence  af  legis- 
lative  authority,     1913A-1192. 

■ — special  or  local  laws  annexing  and 
consolidating  corporations,  validity. 
3-499. 

— tax  exemption  rights  in  favor  of  one 
of  entrants  in  new  corporation  as  af- 
fected  by   consolidation.     13-683. 

Municipal  corporations,  constitutionality 
of  local  or  special  laws.     3-499. 

Religious  societies,  consolidation  of. 
1918D-1060. 

Trial  in  criminal  case,  right  to  try  de- 
fendant on  two  or  more  indictments 
at  same   time.     1913A-1005. 

CONSORTIUM. 

Husband's  right  to  recover  for  loss  aris- 
ing from  personal  injury  to  wife 
where  statute  gives  wife  right  of 
action  for  injury.  1912B-1125 ;  1916C- 
886. 

Loss  as  element  of  damages  for  death  of 
wife   by   wrongful   act.     1915A-701. 

Wife's  right  to  maintain  action  for  in- 
jury to  or  loss  of  consortium  in  ab- 
sence of  statute.  1913A-989;  1918D- 
208. 

CONSPIRACY. 

1.  In  General. 

2.  Civil  Liability. 

3.  Criminal  Liability. 

See  Blacklisting;  Boycotting;  Monopolies; 
Picketing. 

1.    In  General. 

Combination  to  deprive  fellow-employee 
of  work,  liability  in  damages  for  pro- 
curing discharge.     1915C-425. 

Corporation,  liability  for  conspiracy.  17- 
102. 


CONSPIRACY— Continued. 

Fire  insurance,  conspiracy  to  burn  in- 
sured property  as  defense  to  action 
on    policy.     19-841. 

Threat  to  strike  in  attempted  coercion  of 
employer  as  constituting  conspiracy. 
3-974. 

2.     Civil  Liability. 

Act  which  may  be  done  lawfully  by  one 
person,  civil  liability  for  conspiracy 
to    do.     5-373;    1914B-1193. 

Gist  of  civil  action  for  conspiracy.  1914C- 
763;    1917E-289. 

Interference  with  contract  relations,  civil 
liability  for.  2-441;  11-337;  1912B- 
1162;  1916E-608. 

Misjoinder  of  defendants  in  civil  actions 
for  conspiralcy,  effect.     14-1144, 

One  person  as  civilly  or  criminally  liable 
for  conspiracy.     19-1253. 

Preventing  merchant  from  getting  goods 
to  sell,  right  of  action  for  damages 
against  unlawful  combination.  9- 
1189. 

Restraint  of  trade,  as  illegal  combination 
within  Sherman  Anti-trust  Act. 
1912D-765, 

— survival  of  right  of  action  for  con- 
spiracy.    1916C-726, 

Separate  tortious  acts  in  pursuance  of 
conspiracy  as  giving  rise  to  single 
cause  of  action.     1915B-1014. 

3.    Criminal  Liability. 

Combination  in  restraint  of  trade  as 
criminal    conspiracy.     1913E-603, 

Corporation,  criminal  liability.  1916C- 
462, 

Evidence  of  conspiracy  to  commit  crime 
as  admissible  where  conspiracy  not 
charged    in    indictment,     5-984. 

Indictment  for  conspiracy  to  defraud, 
suflBciency  of  allegations  as  to  object 
of  and  means  of  accomplishing  con- 
spiracy.    21-39. 

• — object  of,  and  means  of  accomplishing 
conspiracy,  sufficiency  of  allegations. 
21-34. 

— validity  where  one  of  conspirators  is 
incapable  of  committing  offense.  14— 
156. 

Limitation  of  actions,  applicability  of 
statute  to  prosecution  of  conspiracy. 
12-242, 


160    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CONSPIRACY— Continued. 

One  person,  criminal  liability  for  con- 
spiracy.    19-1253. 

Trade  or  business  of  another,  criminal 
conspiracy   to   injure.     1-508. 

Venue  of  prosecution  for  criminal  con- 
spiracy.    1914A-632. 

CONSTABLES. 

See  Sheriffs  and  Constables. 

CONSTITUTIONAL     CON- 
VENTIONS. 

Privilege  of  members  from  service  of 
civil    process.     2-616. 

CONSTITUTIONAL  LAW. 

1.  In  General. 

2.  Adoption  and  Amendment. 

3.  Construction. 

A.   GENEBAUiT. 

B'.  Delegation  of  LegisIiATIve  Powee. 

C.  Due  Process  of  Law. 

D.  Equal  Pbotection  of  Laws. 

E.  Ex  Post  Facto  and   Retrospec- 

tive Laws. 

F.  Full  Faith  and  Credit  Clause. 

G.  Imprisonment  fob  Debt. 

H.  Liberty  of  Speech  and  Press. 

I.  Natural  Eights. 

J.  Obligation  of  Contracts. 
K.  Self-executing  Provisions. 
L.  Separation  of  Powers, 

4.  Raising   Question   of   Constitutionality. 

5.  Statutes  on  Particular  Subjects. 

1.    In  General. 

Contracts,  power  of  state  to  annul  its 
contract  by  legislative  act.  1915B- 
137. 

— void    contract    under    constitutional    or 

statutory    provision,    effect    of    subse- 
•   quent  repeal  of  provision  on  contract. 

1913C-1398. 
Exclusive  rights  or  privileges,  validity  of 

statutes   granting.     1-847. 
Ordinance  of  1787,  effect  on  states  carved 

out    of  Northwest   Territory.     1915D- 

942. 

Partial  invalidity  of  provision  in  state 
constitution,    effect.     1916D-15. 


CONSTITUTIONAL  LAW— Continued. 
2.    Adoption  and  Amendment. 

Approval  by  executive  of  proposed 
amendment,  necessity.     4-703. 

Entire,  new  constitution,  power  of  legis- 
lature to  formulate  and  submit  to 
people,     1915C-240. 

Impeachment  of  act  of  legislature  pro- 
posing amendment  by  reference  to 
legislative  journals.     9-587. 

Judicial  notice  of  proceedings  for  adop- 
tion of  amendment.     1917D-1031. 

Legislation  proposing  amendment,  consti- 
tutional provision  relating  to  title 
and  subject  matter  of  statute  as  ap- 
pHcable.     1916B-1004;    1917E-739. 

Mandatory  or  directory  nature  of  con- 
stitutional provision  for  amendment. 
15-786. 

Power  of  courts  to  determine  validity  of 
action  by  legislature  proposing  con- 
stitutional   amendment.     1914B-925. 

Proposed  constitutional  amendments, 
mode  of  entering  on  legislative  jour- 
nals.    3-756, 


3,    Construction. 

A.    Generally. 

"Adjoining,"  meaning  of  term  as  used  in 
constitutional  provision,     1913D-847. 

"Case,"  meaning  of  word  as  used  in  sense 
of  "action"   or   "proceeding."     21-668. 

"Corporation,"  term  used  in  constitution 
as  including  municipal  corporation. 
1913B-745. 

"Court,"  as  meaning  "judge."     1913E-389, 

Grant  made  to  private  person  or  corpora- 
tion, rule  of  construction  in  favor  of 
public.     1914A-158. 

Inconsistent  provisions  or  amendments 
of   constitution.     18-725. 

Internal  improvement  work  by  state,  con- 
struction of  constitutional  provision 
prohibiting.     6-307, 

Long  acquiescence  in  validity  of  statute 
as  affecting  its  constitutionality,  16- 
877;    1912A-505. 

Ordinance  as  "law."     1917C-688. 

"Person"  as  including  private  corpora- 
tion,    20-738;    1914A-1308. 

Proceedings  of  constitutional  convention 
as  aid  in  construing  constitution.  lO^- 
1146. 


CONSTITUTIONAL  LAW. 


161 


CONSTITTJTIONAI.  LAW— Continued. 

Keeall  of  public  officers,  construction  of 
constitutional   provision.     1916A-n60. 

"Require,"  legal  meaning  as  used  in  con- 
stitution.    1912A-1236. 

"Road"  in  constitution  as  including 
street.     1914A-775. 

"Similar,"  in  constitution,  meaning  of 
word.     18-794. 

Titles  of  statutes,  construction  of  con- 
stitutional provisions  relative  to.  1~ 
584;    1915A-79. 

B.    Delegation   op  Legislative   Power. 

Administrative  board  authorized  to  de- 
termine qualification  of  licensees  as 
delegation  of  legislative  power.  2- 
427. 

Creating  new  county  or  other  municipal- 
ity only  on  ratification  by  voters 
within  territory  affected,  validity  of 
statute.     1914C-626. 

Criminal  ordinances,  legislative  delega- 
tion to  counties  of  power  to  enact. 
7-743. 

Food  production  and  distribution,  statute 
empowering  board  of  health  to  reg- 
ulate as  invalid  delegation  of  power. 
1913E-1000. 

Municipal  corporation,  power  to  amend  or 
adopt    new   charter,   validity    of    stat- 
.  ute     conferring.     1913C-788;     1915I>- 
105. 

Public  office,  right  of  legislature  to  de,le- 
gate  power  to  create.     18-489. 

•Statute,  other  than  local  option  law, 
effective  only  on  ratification  by 
voters,    validity.     20-652;    1918E-573. 

Taxation,  discretionary  enforcement  of 
mode  of  collecting  taxes  as  delega- 
tion of  legislative  power,     3-350. 

— power  of  legislature  to  delegate  taxing 
power  to  school  district.     8-535. 

C.    Due  Process  op  Law. 

Discretionary  power  conferred  by  statute, 
exercise  by  court  as  due  process  of 
law.     2-317. 

Insane  persons,  due  process  of  law  in 
commitment.  1-733;  13-877;  1913C- 
323. 

Public  property  deprived  of  intended  use 
as  taking  without  due  process  of  law. 

igioB-n.-^g. 

Index  to  Notes — 11 


CONSTITUTIONAL  LAW— Continued. 
D.     Equal  Protection  op  Laws. 

Aliens,  discrimination  against  aliens  in 
employment    of    laborers.     1917B-287. 

— ^public  work,  validity  of  statute  pro- 
hibiting employment  of  alien  labor. 
1915B-1271;   1917B-293. 

— rights  and  liabilities  of  aliens  during 
war.     1917C-189. 

Corporations,  privileges  and  immunities 
of  citizens  as  including  corporation 
as  citizen.     1917C-876. 

— prohibition  against  doing  act  not  for- 
bidden to  firm  or  individual,  validity 
of   statute.     1912D-808. 

Discrimination  against  goods  of  foreign 
country  by  taxing  sales,  power  of 
state.     5-880. 

Race  segregation,  carriers  of  passengers, 
validity  of  regulation  or  statute  for 
separation  of  races.     7-274;  20-982. 

— residential  districts,  validity  of  ordi- 
nance segregating  white  and  col- 
ored persons.  1915B-964;  1916E-1157; 
1917B-155;    1917D-1127;    1918A-1207. 

^-schools,  separation  of  white  and  colored 
persons.     13-342. 

E.    Ex    Post    Facto    and    Retrospective 
Laws. 

Judges,  changing  number  of  judges  sit- 
ting in  trial  or  appellate  court  as 
ex  post  facto  with  respect  to  offense 
committed  before  its  enactment. 
1912C-1121. 

Judicial  decisions  as  within  prohibition 
against  ex  post  facto  laws.  1914C- 
228. 

— act  made  criminal  by  statute  but  com- 
mitted subsequent  to  decision  declar- 
ing statute  invalid,  effect  of  later  de- 
cision   upholding    statute.     1912B-700. 

Jurisdiction  to  try  past  offenses,  power 
of  legislature  to  confer  on  existing 
court.     1912A-888. 

Punishment,  changing  punishment  for 
crime  as  violation  of  prohibition 
against  ex  post  facto  law.  3-77; 
1915C-1058. 

— habitual  criminals,  statute  prescribing 
special  punishment  for  second  of- 
fenses or  habitual  criminals  as  ex 
post   facto.     18-925. 

Stockholders'  liability,  retrospective  act 
changing  remedy  to  enforce,  validity. 
5-324. 


,   162    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CONSTITUTIONAL  LAW— Continued. 
F.    Full  Faith  and  Credit  Clause. 

Full  faith  and  credit  clause  of  federal 
constitution  as  applicable  to  state 
courts  of  inferior  jurisdiction.  21- 
1153. 

Judgment  declaring  contract  void  as 
champertous  as  entitled  to  full  faith 
end  credit  in  another  state.  1914B- 
1144. 

E-efusal  of  ancillary  probate  on  record 
of  another  state  as  denial  of  full 
faith  and   credit.     7-315. 

G.    Imprisonment  fob  Debt. 

Alimony,  nonpayment  of  alimony  as 
within  inhibition  against  imprison- 
ment for  debt.     1913E-1087. 

Breach  of  contract  by  employee,  statute 
making  it  criminal  offense  as  con- 
travening constitutional  provision 
against  imprisonment  for  debt.  14- 
1060. 

Civil  liability  for  tort  as  debt  within 
oonstitutional  provision  against  im- 
prisonment.    20-1344;     1917D-841. 

Failure  to  pay  fine  or  penalty  as  within 
inhibition  against  imprisonment.  19- 
757. 

Frauds  on  innkeepers,  statute  punishing 
as  within  constitutional  provision 
against  imprisonment  for  debt.  16- 
1231;  1915C-1002. 

H.    LiBEBTY  OF  Speech  and  Peess. 

Boycott  as  authorized  under  constitu- 
tional liberty  of  speech  and  press. 
15-7. 

Constitutional  guaranty  of  liberty  of 
speech  and   press.     15-3;    191oB-1183. 

Criticism  of  candidates  for  office,  statute 
forbidding  as  infringement  of  lib- 
erty of  speech  and  press.  1915B- 
1185. 

Libel  or  slander  as  authorized  by  consti- 
tutional liberty  of  speech  and  press. 
15-6;    1915B-1184. 

Newspaper  publication  reflecting  on  court 
as  protected  under  constitutional 
guaranty.  15-6;  1915B-1184;  1918B- 
941. 

Obscenity,  prohibition  as  violation  of 
constitutional  liberty  of  speech  and 
press.     15-9;    1915B-1186;    1916A-902. 

Obstruction  of  justice  as  authorized  by 
constitutional  liberty  of  speech  and 
press.     15-6;    1915B^1184. 


CONSTITUTIONAL  LAW— Continued. 

Political  activity  by  public  officers,  pro- 
hibitory statute  as  infringement  of 
constitutional  liberty  of  speech  and 
press.     15-8;    3915B-1185. 

Publication  of  report  of  criminal  execu- 
tion, validity  of  statute  prohibiting. 
10-353. 

Theatrical  performances,  statutory  regula- 
tion as  violating  constitutional  lib- 
erty of  speech  and  press.  1915B- 
1186. 

iTireats,  prohibiting  communication  as  in- 
fringement of  constitutional  right. 
15-8. 

I.     Natueal  Eights. 

Descent  and  distribution,  right  to  take 
property  by  inheritance  or  will  as 
natural  right  protected  by  constitu- 
tion.    9-726;    1918A-939. 

Weapons,  right  to  bear  arms.  1-56;  7- 
927;    17-570;    1913B-333. 

Wild  animals,  right  of  property  in. 
1917B-949. 

J.    Obligation  of  Contracts. 

Beneficial  associations,  amendment  of 
beneficial  association  by-law  as  con- 
stituting impairment  of  vested  rights 
as  applied  to  existing  members.  10— 
626;   17-817;  1913C-679;   1917B-814. 

Foreign  corporations,  imposing  additional 
burden  on  foreign  corporation  which 
has  complied  with  conditions  for  do- 
ing business  in  state  as  impairment 
•  of  obligation  of  contract.  9-981; 
17-1252. 

Judgment,  prohibiting  revival  as  impair- 
ment of  contract  rights.     3-1148. 

Judicial  decision  as  impairment  of  obli- 
gation of  contracts.  4-93;  9-1121; 
1915C-578. 

Mortgage  redemptions,  act  extending  time 
as  impairment  of  obligation  of  con- 
tract.    2-801. 

Municipal  ordinance  as  within  purview  of 
clause  of  federal  constitution  against 
impairment  of  obligation  of  con- 
tracts.    12-503. 

Ordinance   granting  privilege,   impairment 
as  impairment  of  contract  obligation. . 
3-88,   986;   6-259,  601;   8-622;   1915 A- 
899,  911,  926. 

Public  utilities,  amendment  to  constitu- 
tion as  impairment  of  constitutional 
right  of  public  service  corporation  to 
use  streets.     1914C-1287. 


CONSTITUTIONAL  LAW. 


163 


CONSTITUTIONAI.  liAW— Continued. 

Kepeal  or  modification  of  statute  affect- 
ing municipal  corporation  as  impair- 
ing contract  between  state  and  mu- 
nicipality.    4-794. 

K.    Self-executing   Provisions. 

Corporations,  constitutional  provisions 
relating  to  as  self -executing.  7-630; 
18-201;    1914C-1116. 

—forfeiture  of  corporate  charter,  consti- 
tutional provision  therefor  as  self- 
executing.     1914A-936. 

Criminal  law,  self-executing  provisions  of 
constitution.     18-202;    1914C-1119. 

Eminent  domain  provision  that  property 
shall  not  be  taken  or  damaged  with- 
out  just   compensation.     7-632. 

Initiative  and  referendum,  self-executing 
provisions  of  constitution  relating  to. 
18-202;   1914C-1119. 

Municipal  corporations,  constitutional  pro- 
visions relating  to  as  self-executing. 
7-629;  18-201;  1914C-1117;  1918D- 
868. 

Public  officers,  self-executing  provisions 
relating  to.     1914C-1116. 

Self-executing  provisions  of  constitution 
generally.  7-627;  18-199;  1914C- 
1116;   1916D-868;   1918D-1080. 

L.    Separation  of  Powers.  . 

Courts,  creation  or  abolition  of  court  of 
record,  power  of  legislature.  1913C- 
1160. 

— ^legislative  regulation  of  power  of  court 
to  punish  for  contempt,  validity  as 
to   constitutional    courts.     16-759. 

Judges,  appointing  power  imposed  on 
judges,  validity  of  statute.  8-599; 
10-436;    18-1189. 

Judicial  power,  what  is  within  constitu- 
tional theory  as  to  separation  of 
powers    of    government.     1913E-1097. 

Public  officers,  mention  of  office  in  con- 
stitution as  limiting  power  of  legis- 
lature to  subtract  from  powers  of 
officer.     1912D-334. 

— qualifications  of  public  officer,  power  of 
legislature  to  define.  19-743;  1915A- 
343. 

4.    Raising  Question  of  Constitutionality. 

Impeachment  of  statute  by  reference  to 
legislative    journals.     1918D-253. 


CONSTITUTIONAI,  LAW— Continued. 

Ministerial  officer,  right  to  question  valid- 
ity of  statute.     2-81;   1912D-152. 

Objection  to  constitutionality  of  statute 
or  ordinance,  who  may  raise.  19-175; 
1915C-57. 

Prohibition  as  remedy  to  review  deter- 
mination of  validity  of  statute.  6- 
986;    1913D-596. 

Statutes,  constitutionality  as  determin- 
able   on   pleadings   alone.     1914D-468. 

— habeas  corpus  proceedings  as  mode  of 
determining  validity.     3-581. 

— judicial  inquiry  into  motives  prompting 
enactment  of  legislative  ordinance. 
1912A-716. 


5.    Statutes    on    Particular    Subjects. 

Absentee  presumed  to  be  dead,  validity 
of  statute  authorizing  administration 
upon  estate.  3-1126;  14-148;  1913B- 
556;    1915G-114. 

Actions,  survival  of  action  for  personal 
injuries  after  death  of  person  in- 
jured, validity  of  statute  providing 
for.     1917E-1171. 

Agriculture,  diseased  fruit  trees,  fruit  or 
vegetables,  validity  of  statute  pro- 
viding for   destruction.     1917E-220. 

• — farm  loan  statute,  validity.  191 7E- 
216. 

— insect  pests,  validity  of  statute  pro- 
viding for  extermination.  1913A- 
412. 

— lease  of  agricultural  lands,  construction 
and  effect  of  constitutional  or  stat- 
utory provisions  against  long  leases. 
15-345;    1914A-349. 

— seed,  validity  of  statute  regulating  sale. 
1917E-167. 

Aliens,  employment  on  public  work,  valid- 
ity of  statute  prohibiting.  1915B- 
1271;    1917B-293. 

— immigration,  authority  of  Congress 
over.     1917C-238. 

— soliciting  or  importing  alien  contract 
labor  as  crime,  validity  of  statute. 
1917C-261. 

Animals,     breeding     of     animals,     public 

regulation.     1916A-564. 
— cattle  within   municipal  limits,  validity 

of      ordinance      regulating      keeping. 

1917E-929. 
— dead     animals,     validity     of     ordinance 

regulating  removal.     2-496. 


164    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CONSTITUTIONAL  LAW— Continued. 

— diseased  animals,  destruction  without 
compensation,  validity  of  statute  or 
ordinance.     15-48. 

— diseased  animals,  destruction  with  com- 
pensation to  ow^er,  validity  of  stat- 
ute authorizing.     1917D-89. 

— dogs,  making  owner  liable  for  damage 
by,  validity  of  statute.     13-847. 

— ^hogs  within  corporate  limits,  power  of 
municipality  to  prohibit  keeping. 
9-179. 

^horses  with  docked  tails,  validity  of 
statute  prohibiting  use.     13-1032. 

—injury  by  railroad,  penalty  for  failure 
to  pay  for  injury  within  specified 
time,  validity  of  statute  imposing. 
17-632. 

—partial  invalidity  of  statute  relating  to 
animals,    effect.     1916D-35. 

—poultry  within  municipal  limits,  valid- 
ity of  ordinance  regulating  keeping. 
14-1003. 

^-seizure  by  humane  society,  validity  of 
statute    authorizing.     14-916. 

—trespassing  animals,  seizure  and  sale, 
validity  of  statute  authorizing  land- 
owner to  seize  and  sell.     1915C-1263. 

—wild  animals  prone  to  injure  property, 
validity  of  statute  protecting.  1917D- 
810. 

Appeal  and  error,  appellate  courts  re- 
quired to  weigh  evidence,  validity  of 
statute   providing  for.     3-685. 

• — ^right  of  appeal,  validity  of  statute 
abridging.     5-860;    1912B-274. 

— ^validating  appeal  taken  after  time  to 
appeal  has  elapsed,  validity  of  stat- 
ute.    1913D-1261. 

Appropriation  of  public  money,  what  con- 
stitutes within  constitutional  provi- 
sion.    1915A-1240. 

— fairs,  validity  of  statute  appropriating 
money   for.     9-52. 

—gift  or  loan  of  money  or  credit  of  state 

or   municipality,   construction   of   con- 
'        stitutional  provision   against.     1913C- 

1230. 
—personal     injury     of     militia     member, 

validity  of  appropriation  in  payment. 

1914B-1283. 

Architects,  statutory  regulation.  1914B- 
1224. 

Army  and  navy,  compulsory  military  ser- 
vice, validity  of  statute.  1917C-812; 
191SB-863;   1918D-100. 


CONSTITTJTIONAL  LAW— Continued. 

Assignments,  forbidding  assignment  of 
debt  or  claim  for  collection  in  an- 
other jurisdiction,  validity  of  statute. 
1916D-870. 

Attorneys,  appointment  to  prosecute  dis- 
barment proceedings  without  compen- 
sation, validity  of  statute  authoriz- 
ing court  to  appoint.     1915B-187. 

— collection  of  claim  against  federal 
government,  validity  of  statute  limit- 
ing amount  of  fees.  1918C-863; 
1918E-538. 

— 'Compensation  for  defense  of  indigent 
accused,  right  of  attorney  assigned 
to  defend.     1913E-206. 

— disbarment  proceedings,  right  to  be 
confronted  by  witnesses.     6-582. 

— lien  on  cause  of  action,  validity  of  stat- 
ute  giving.     8-709;    1913C-69. 

— occupation    tax,    validity.     1912A-599. 

— ^personal  services,  validity  of  statute 
making  fee  taxable  as  costs.     17-282. 

— special  assessments,  validity  of  statute 
authorizing  recovery  of  attorney's 
fee  in  action  for  collection.  11-811; 
1912B-692. 

Automobiles,  garages,  municipal  regula- 
tion.    1915C-186. 

— jitney  buses,  state  or  municipal  regula- 
tion. 1916A-1233;  1917C-1047;  191SC- 
946. 

— license  fee,  law  imposing  on  auto  using 
highways  of  state  as  regulation  of 
interstate   commerce.     1912D-239. 

— municipal  regulation  with  respect  to 
equipment,  use  of  streets  or  the  like. 
1916E-1047. 

— name  and  address  of  person  operating 
to  be  given  to  person  injured,  valid- 
ity of  statute  imposing  duty  on 
operator  of  automobile.  1913C-925; 
1915A-165. 

— negligent  operation  by  any  person, 
validity  of  statute  making  owner 
liable.     1915A-1170. 

— nonresidents,  inclusion  or  exclusion  of 
nonresidents  in  statute  regulating  use 
of  motor  vehicles,  validity  of  statute. 
1917E-324. 

— regulation  of  automobiles  in  matters 
other   than   speed.     5-793;    12-291. 

— territorial  limits,  validity  of  statute  or 
ordinance  prohibiting  use  within  cer- 
tain   limits.     15-1169;    20-516. 

Badges,  society  badge  or  emblem  worn 
by  nonmember,  validity  of  statute 
making  it  offense.     21-1037. 


CONSTITUTIONAL  LAW. 


165 


CONSTITTJTIONAI.  LAW— Continued. 

Banks,  bank  examiner,  validity  of  statute 
creating  office.     1916E-219. 

— depositor's  guaranty  fund,  validity  of 
statute  levying  assessment  on  banks. 
1912A-490. 

— federal  reserve  act,  validity  and  effect. 
1917C-1099;  1918D-1175. 

— ^insolvent  bank  receiving  deposits, 
validity  of  statute  making  it  crime. 
20-1323. 

•^number  of  banking  corporations  in  par- 
ticular locality,  right  of  state  to  con- 
trol.    1913A-261. 

— ^private  banking,  state  regulation. 
10-903;    1914A-171. 

Barber,  regulatory  statutes,  validity. 
15-260. 

— Sunday  closing  of  barber-shops,  va- 
lidity of  ordinance.     1915C-200. 

Basements,  conduct  of  business  in  base- 
ment or  room  under  ground,  validity 
of   statute    regulating.     1914A-1132. 

Billboards  and  signs,  municipal  regula- 
tion.    1916C-491. 

Billiard  or  pool  table,  keeping  as  sub- 
ject of  exercise  of  police  power. 
1913D-1052. 

Blasphemy   statutes,  validity.     1914A-814. 

Boilers,  public  regulation  or  inspection 
of   steam   boilers.     1915D-846. 

Bottles,  regulating  or  prohibiting  reuse  of 
or  traffic  in  bottles  or  other  re- 
ceptacles of  goods  by  person  other 
than  manufacturer  or  owner,  validity 
of  statute.     1915A-487. 

Brick  manufacture,  state  or  municipal 
regulation,  validity.     1917B-931. 

Brokers,  chattel  loan  brokers,  license  tax 
on  occupation,  validity  of  statute 
imposing.     1914B-1197. 

— state  or  municipal  regulation,  validity. 
1918B-408;  1916E-618. 

— written  contract  for  commission  on 
sale  of  realty,  validity  of  statute 
requiring.     1913C-727. 

Buildings,  building  lines,  validity  of  leg- 
islation establishing.  19-188;  1914B- 
194. 

— destruction  of  building  by  public  au- 
thorities, right  to  compensation. 
1913C-599. 

— height  of  buildings,  validity  of  stat- 
ute  or   ordinance   limiting.     15-1051. 

— permits  for  building,  validity  of  ordi- 
nance requiring.     13-1187. 


CONSTrnJTIONAI.  LAW— Continued. 

Bulk  Sales  Acts,  validity.  1-557;  8-452; 
9-234,  252;  1912C-706;  1914C-713; 
1915C-414;   1917B-275;   1918A-271. 

Business  closing  hours,  validity  of  stat- 
ute or  ordinance  regulating.  1915A- 
1097;    1918D-200. 

Carriers  of  goods,  Carmack  Amendment, 
validity  of  act.     1915B-81. 

— connecting  carriers,  state  statutes  pre- 
scribing duty  or  liability  as  regula- 
tive of  interstate  commerce.  1-707; 
2-517. 

— failure  to  pay  claim  within  certain 
tiriie,  validity  of  statute  imposing 
penalty.  20-1056;  1915D-824;  1916D- 
335. 

— reciprocal  demurrage,  validity  of  stat- 
ute, ordinance  or  rule  providing  for. 
13-964;   19-1092;    1916E-701. 

— refusal  to  accept  freight  tendered  for 
shipment,  validity  of  statute  imposing 
penalty.     17-253. 

— regulation  of  particular  class  of  carriers 
of  goods,  validity  of  statute.  16- 
1239. 

Carriers  of  livestock,  failure  to  pay 
claim  within  certain  time,  validity  of 
statute  imposing  penalty.  20-1056; 
1915D-824;   1916r)-335. 

— twenty-eight  hour  law  regulating  car- 
riage of  livestock,  validity.     21-824. 

Carriers  of  passengers,  accommodations 
for  passengers,  failure  to  furnish  suffi- 
cient, made  criminal  offense,  validity 
of  statute.     19-70. 

— connecting  lines,  validity  of  statute  re- 
quiring carrier  to  sell  ticket  for. 
1913E-613. 

— drinking  of  intoxicating  liquor  or  being 
intoxicated  on  passenger  conveyance, 
validity  of  statute  prohibiting. 
1913B-1061. 

— fixed  rate  per  mile  for  carriage  of  pas- 
sengers, validity  of  statute  requiring. 
21-191. 

— free  railroad  transportation,  constitu- 
tional or  statutory  provisions  against 
gift   or   receipt.     17-662;    1915D-559. 

— militia  or  other  state  or  public  offi- 
cers, carriage  free  or  at  reduced 
rates,  validity  of  statute  requiring. 
1913E-498;    1916E-959;   1917C-92. 

— reduced  rates  for  certain  classes  of 
passengers,  validity  of  statute  re- 
quiring.    2^20;   9-1130;   1912C-841. 


166     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CfONSTITUTIONAL  LAW— Clontinued. 

— -separation  of  white  and  colored  passen- 
gers, validity  of  laws  providing. 
7-274;    1915B-617. 

— soliciting  trade  or  business  on  prem- 
ises or  trains  of  carriers  of  passen- 
gers, validity  of  statute  prohibiting. 
18-867. 

— train  service,  validity  of  regulation  of 
extent  of  service  to  be  furnished  by 
railroad.     1917B-1217. 

Cemeteries,  burial  of  dead,  validity  of 
state  or  municipal  regulations  or  re- 
strictions.    14-1085. 

— crematories,  state  or  municipal  regula- 
tion.    1915C-807. 

— refusal  of  privileges  to  applicant,  right 
of  cemetery  corporation  or  associa- 
tion.    1914B-280. 

Charities,  solicitation  of  funds  for  privata 
.  charity,  validity  of  statute  or  ordi- 
nance  regulating.     1917D-1133. 

Cigarettes,  forbidding  smoking  of  cigar- 
ettes, validity  of  statute  or  ordi- 
nance.    1912D-191. 

— ^importation,  right  of  state  to  prohibit. 
9-360. 

Civil  rights,  equal  rights  in  places  of 
public  accommodation,  validity  of 
statutes.     9-69;    1912B-860. 

Closing  hours,  requiring  place  of  business 
(other  than  liquor  saloon)  to  close 
at  certain  hour,  validity  of  statute 
or  ordinance.  1915A-1097;  1918D- 
200. 

Cold  storage  warehouse,  public  regulation. 
1916A-534. 

Commission  merchants,  state  or  municipal 
regulation  of  commission  merchants, 
validity.     1917B-631, 

Confession  obtained  by  sweating,  validity 
of  statute  ptohibiting  admission  in 
evidence.     1915C-13o. 

Confronting  witnesses  at  trial,  right  of 
accused.     1-471. 

—absent  witness,  admission  of  proposed 
testimony  as  violative  of  rights  of 
accused.     1913C^90. 

— depositions,  admission  as  infringing 
rights  of  accused.     1916A-1091. 

—language  of  witnesses,  inability  to  un- 
derstand as  infringing  rights  of  ac- 
cused,    1913D-673. 

Contracts,  repeal  of  constitutional  provi- 
sion making  contract  void,  effect  on 
contract  previously  made.  19130- 
1393, 


CONSTITUTIONAL  LAW— Continued, 

Convicts,  employment  for  convicts,  va- 
lidity of  statute  providing  for  par- 
ticular   kind,     19150-976, 

— goods  made  by  convict  labor,  validity 
of  statute  requiring  them  to  be  so 
marked.     1913B-817. 

Corporations,  blue  sky  laws,  validity  and 
construction.     iyi6A-706;     19170-650. 

— corporate  debts,  stockholder  made  li- 
able after  bona  fide  transfer  of 
stock,  validity  of  statute.  1917A- 
109. 

— lien  on  stock  in  favor  of  corpora- 
tion, validity  and  effect  in  charter, 
statute  or  by  law  creating  lieu. 
1918D-368. 

— subjecting  corporation  but  not  in- 
dividuals to  damages,  validity  of 
statute.     1914B-975. 

Criminal  law,  adoption  of  state  laws  tor 
places  under  federal  jurisdiction, 
validity  of  statute.     21-946. 

— depositions  in  criminal  cases.  1916A- 
1066,  1099,  1102,  1108,  1111,  1124. 

— expert  witnesses,  validity  of  statute 
providing  for  appointment  by  court 
in    criminal    cases.     1912B-691. 

— penalty  or  punishment  not  mentioned 
in  title,  validity  of  statute  providing. 
1912D-157. 

— presence  of  accused  during  course  of 
trial,  waiver  of  right.     19130-1146. 

— recognizance  of  witness,  validity  of 
statute  empowering  court  to  require. 
1912D-340. 

Damages,  exemplary  damages  for  act 
punishable  as  crime,  validity  of  stat- 
ute  authorizing   recovery.     9-638. 

Damaging  property,  change  of  street 
grade  as  a  damaging  of  property 
under  constitutional  prohibition 
against  taking  or  damaging  property 
without   compensation.     10-849. 

Dancing,  state  or  municipal  regulation  of 
dance-halls,  validity.     1915C-1110. 

— statutory  regulation  of  dancing-schools 
or  academies.     19-631. 

Decedents'  estates,  fixing  probate  or  ad- 
ministration fees,  validity  of  stat- 
ute,    19160-213. 


CONSTITUTIONAL  LAW. 


167 


CONSTITTJTIONAL  LAW— Continued. 

Dentists,  validity  of  statute  requiring 
license  taken  out  by  previous  prac- 
titioners as  impairment  of  vested 
rights.     19-833;    1914B-399. 

Detectives,  statutory  regulation  of  private 
detectives.     1917A-584. 

Disorderly  houses,  confining  bawdy- 
houses  within  designated  limits, 
validity  of  statute  or  ordinance. 
1914B-'506. 

— owner  of  premises,  liability  for  use 
of  premises  for  purpose  of  prosti- 
tution, validity  of  statute  imposing. 
1917A-459. 

Divorce,  residence  within  state  as  pre- 
requisite to  divorce,  validity  of  stat- 
ute requiring  certain  period  of  resi- 
dence.    1916E-1110. 

— service     of     notice     on     public  official, 

validity  of  statute  requiring.  1918D- 
1098. 

Drainage,  creation  of  drainage  district, 
power  of  legislature.     1915C-9. 

— sewage  disposal,  validity  of  statute  or 
ordinance    regulating.     1913D-61. 

Druggists,  itinerant  physicians  or  vendors 
of  drugs,  statutory  regulation.  10- 
401;    1913D-1242. 

— statutory  regulation  of  druggists  or 
pharmacists,   validity.     10-399. 

Elections,  Australian  ballot  acts,-  validity. 
4-144. 

— ballots,  validity  and  effect  of  statute 
requiring   numbering.     6-969. 

— candidate's  name  on  official  ballot, 
number  of  times  may  appear.  1913B- 
177. 

— classification  of  municipalities  accord- 
ing to  differences  in  population, 
validity    of    statute.      15-861. 

— constitutional  or  statutory  provisions 
relating  to  elections,  applicability  to 
primary  elections.  16-251;  1913A- 
702;    1918E-79. 

— contribution  to  expenses  by  person  other 
than  candidate,  validity  of  statute 
regulating.     1918E-173. 

— conviction  of  crime  sufficient  to  sustain 
denial  of  right  to  vote.     15-103. 

— expenses  of  candidate  at  primary  or 
election,  validity  of  statute  requiring 
statement  to  be  filed.     1915A-366. 

— legalizing  defective  election,  validity  of 
statute.     1914B-4€1. 


CONSTITUTIONAI.  LAW— Continued. 

— majority  or  other  proportion  of  voters, 
construction  of  constitutional  or  stat- 
utory provision  requiring  proposition 
to  be  decided  by.  13-416;  1912D- 
949. 

— name  not  on  official  ballot,  validity  of 
statute  providing  person  shall  not  be 
voted  for.     1913D-614. 

— ^nonpartisan  ballot  law,  validity.  1915C  - 
504. 

— preferential  system  of  voting,  validity 
of  statute  providing  for.     1917C-482. 

— primary  election  Taws,  validity.  5-568; 
12-73;   1916B-594. 

— registration  of  voters,  validity  of  stat- 
ute  providing   for.      1913B-17. 

— separate  ballot  for  election  o^  par- 
ticular officer,  validity  of  statute  pro- 
viding for.     1913E-775. 

— voters,  legislative  power  as  to  defining 
qualifications.     7-665. 

— voting  machines,  validity  of  use.  2- 
840;   5-864;  9-275;   12-474. 

— woman  suffrage,  validity  of  statutory 
or  municipal  authorization.  1915A- 
802;  1918C-906. 

Electric  company,  furnishing  lamps  or 
other  fixtures  free  of  charge  to  con- 
sumers, validity  of  statute  or  ordi- 
nance  requiring.     1913A-62. 

— municipal  regulation  of  rates.  1915D- 
473. 

Electricians,  state  or  municipal  regula- 
tion.    1916E-694. 

Eminent  domain,  foreign  corporation, 
power  to  exercise  right.     1915C-929. 

— notice  to  land  owner  of  proceedings, 
validity  of  statute  failing  to  provide 
for.     1913A-1256. 

— school  or  other  public  lands,  power  of 
legislature  to  appropriate  for  irriga- 
tion  purposes.      1914B-338. 

•^telegraph  or  telephone  company,  power 
to  condemn  railroad  right  of  way 
under  statute.     1917B-689. 

Employers'  Liability  Act,  exemption  of 
certain  employments  from  its  opera- 
tion, validity  of  statute.     1914D-404. 

— federal  Employers'  Liability  Act,  valid- 
ity.    17-331. 

— state  statute  regulating  liability  of 
employers,  validity.     1916D-268. 

Employment  agencies,  validity  of  statute 
regulating.  5-326;  1914B-739;  1917C- 
523. 


168    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CONSTITUTIONAIi  LAW— Continued. 

Estates-tail,  validity  of  statute  barring 
or  defeating.     1912B-62. 

Eugenics  statute,  validity.     1916B-1051. 

Evidence,  conclusive  evidence,  validity  of 
statute  making  proof  of  certain  facts 
conclusive.     14-734. 

— presumption  as  to  validity  of  ordinance. 
1916B-502. 

• — prima  facie  evidence,  validity  of  stat- 
ute or  ordinance  making  certain  facts 
prima  facie  evidence.  6-746;  1912A- 
465;   1916B-699;  1916C-1062. 

— procurement  of  evidence  by  search  and 
seizure,  admissibility.     1915C-1182. 

Exemptions,  extending  or  lessening  ex- 
emption from  execution,  validity  of 
statute.     1912B-259. 

—homestead  lands  exempted  from  debts 
contracted  prior  to  patent,  validity 
of  federal  statute.     1912D-283. 

Explosives,  keeping  within  municipal 
limits,  validity  of  regulatory  ordi- 
nance.    1918E-145. 

Extortion,  validity  of  statutes  designed  to 
prevent  extortion.     1-433. 

Fellow-servant  doctrine,  validity  of  stat- 
ute abrogating.  10-1113;  19-196; 
1916D-268. 

Fences,  assignment  of  division  fences  by 

fence     viewers,     validity     of     statute 

giving  power.     8—426. 
— railroad     construction     of     fences     and 

cattle-guards,     validity     of     statutes 

requiring.     3-1S2. 

Firearms,  validity  of  statute  or  ordinance 
prohibiting  discharge  in  public  places. 
11-723. 

Fires,  absolute  liability  of  railroad  for 
damage  by  setting  fire,  validity  of 
statute.     16-941;  1918A-632. 

•^double  or  treble  liability  of  railroad  for 
damage  by  fire,  validity  of  statute 
imposing.     1912C-703;   1916A-190. 

- — fire  line  along  railroad  right  of  way, 
validity  of  statute  providing  for  con- 
struction.    1915B-1155. 

—private  buildings  to  be  equipped  with 
fire  apparatus,  validity  of  statute  or 
ordinance  requiring.     1916B-516. 

Fish  and  game,  discrimination  between 
persons  or  classes  as  to  right  to  hunt 
game.     19-239. 

t — federal  statute  protecting  game,  valid- 
ity.    1917D-654. 


CONSTrrOTIONAI.  LAW— Continued 

— forfeiture  or  destruction  of  property 
used  in  violation  of  game  laws,  va- 
lidity of  statutes  authorizing.     8-902. 

— game  raised  in  captivity,  right  of  state 
to  regulate  sale.     12-386. 

— imported  game,  validity  of  statute  pro- 
hibiting possession.     2-229. 

— license  for  hunting  game,  validity  of 
statute  requiring.  1916C-134;  1918A- 
145. 

— lobster  fishery,  statutory  regulation. 
1913C-1135. 

— ^method  of  taking  fish,  validity  of  stat- 
ute regulating.     1917D-814. 

— penalty  for  each  piece  of  game  unlaw- 
fully taken  or  in  possession,  validity 
of  statute  imposing.     3-15. 

■ — summary  destruction  of  fishing  ap- 
pliances, validity  of  statute  authoriz- 
ing.    1-950. 

Flag  or  other  government  symbol,  use 
for  advertising  or  commercial  pur- 
poses, validity  of  statute  prohibiting. 
4-270;  10-528. 

Food  and  drugs,  bread,  validity  of  statute 
or  ordinance  regulating  manufacture 
or  sale.     17-617;   1914B-287. 

— discrimination  in  sale  of  food,  validity 
of  statute  prohibiting.     1913D-44. 

— eggs,  validity  of  statute  or  ordinance 
regulating  sale.     1918A-181. 

— exposure  to  sale,  protection  from  flies, 
dust,^  etc.,  validity  of  statute  re- 
quiring.    1912D-957. 

— federal  Pure  Food  and  Drugs  Act, 
validity.     21-1323;   1915A-45. 

— ice-cream,  validity  of  state  or  municipal 
regulation.     1917B-645;    191SB-1035. 

— injurious  ingredient  of  food  prepara- 
tion, conclusiveness  of  legislative  de- 
termination.    1914A-1157. 

— lard  or  lard  substitute,  validity  and 
construction  of  statute  regulating 
sale.      1916B-1169. 

— meat  dealers,  validity  of  statutory  or 
municipal  regulation.  1912B-olO; 
1917A-198;    1918D-533. 

— milk,  validity  of  statutes  or  ordinances 
regulating  sale.  4-119;  5-911;  18- 
321. 

— net  weight  of  food  packages  offered  for 
sale,  validity  of  statute  regulating. 
1916B-1169;   1916D-551. 

— oleomargarine  manufacture  and  sale 
regulation,  validity  of  state  statutea 
2-451;   17-1100;  1913E-413. 


CONSTITUTIONAL  LAW. 


169 


CONSTITTJTIONAIi  LAW— Continued. 

— opium  or  other  narcotic,  regulation  of 
manufacture,  sale  or  possession,  v^a- 
lidity  of  federal  statute.     1917D-856. 

— receptacles  used  in  selling  milk,  validity 
of  statute  or  ordinance  regulating. 
14-703. 

— seizure  and  destruction  by  state  of  food 
unfit  for  use  without  notice  and  hear- 
ing as  contravening  due  process  of 
law.     15-281. 

Foreign  corporations,  license  tax  or  fee, 
validity.  3-632;  1913C-812;  1916C- 
1248;  19180-620. 

—prohibition  against  foreign  corporation 
suing  in  courts  of  state,  validity  of 
statute  as  to  corporation  engaged  in 
interstate  commerce.     191oC-165. 

—removal  of  action  brought  against 
foreign  corporation  into  federal  court, 
validity  of  statute  prohibiting.  6- 
325;   1912C-1160. 

— resident  agent  for  service  of  process, 
validity  of  statute  requiring  appoint- 
ment.    6-42. 

^validity  of  statute  regulating  foreign 
corporations,  right  of  foreign  corpo- 
ration to   question.     1913C-1287. 

Forestry  legislation,  validity.  1917A-5, 
38. 

Fortune-telling,  right  to  engage  in. 
1914A-900. 

Full  crew  act,  validity.     1915B-162. 

Gaming,  seizure  and  destruction  of  gam- 
bling apparatus,  validity  of  statutes 
authorizing.     2-936;  13-454. 

Garbage  removal,  validity  of  ordinances 
regulating.      4-281;    19-1221;    1915C- 

487. 

Gas  companies,  lamps  or  other  fixtures  to 
be  furnished  free  of  charge  to  con- 
sumers, validity  of  statute  or  ordi- 
nance requiring  company  to  furnish. 
1913A-62. 

—state  or  municipal  regulation  of  rates. 
1917B-1026. 

Guardian  and  ward,  appointment  of 
guardian  for  aged  person,  validity  of 
statute  providing  for,     1917A-874. 

Hacks,  taxieabs  or  the  like,  municipal 
regulation  other  than  taxation. 
1914D-735. 

Hawkers  and  peddlers,  crying  wares  or 
advertising      them      noisily      in      city 


CONSTITUTIONAIi  LAW— Continued. 

streets,     validity     of     ordinance     pro- 
hibiting.    20-591. 
— itinerant    vender    of    drugs,   validity    of 

statute    regulating.      10-401;    1913D- 

1242. 
— ^license  tax  or  fee,  what  is  reasonable. 

1914D-938. 
— ^prohibition  against  hawking  or  peddling 

by    others    than    producers    of    goods 

sold,  validity  of  statute  or  ordinance. 

16-1030. 
— restricting   hawking  or  peddling  within 

municipality,    validity    of    statute    or 

ordinance.     1916A-1238. 
— transient  merchants,  validity  of  statute 

or  ordinance  regulating.     1917E-505. 
— uniformity  of  license  tax  or  fee,  validity 

of  statute  with  respect  to.    1918E-109. 

Health,  bathing  in  pond  or  stream,  validity 
of  statute,  ordinance  or  health  regula- 
tion prohibiting.     1913B-223. 

— horses  and  cattle  running  at  large  along 
banks  of  streams  furnishing  ipunicipal 
water  supply,  validity  of  ordinance 
prohibiting.     1917D-1094. 

— ^pollution  of  stream,  validity  and  con- 
struction of  statute  imposing  penalty. 
1914A-1180. 

' — ^privies  or  out-of-door  closets,  validity  of 
'statute  or  ordinance  regulating. 
1916D-212. 

—samples  of  medicine  or  other  deleterious 
substance,  validity  of  statute  prohibit- 
ing distribution.     1915C-551. 

— sanitary  laws,  validity.     1-442. 

Horse-racing,  validity  of  statute  licensing 
or  regulating.     8-1016. 

Horseshoers,  constitutionality  of  laws  re- 
quiring special  qualifications.     1-930. 

Husband  and  wife,  abandonment  of  wife 
or  failure  to  support,  validity  of  stat- 
ute making  it  crime.     1912B-280. 

Income  taxes,  federal  income  Xslx  act, 
validity.     1917B-721. 

— levying  income  tax,  -validity  of  statute. 
21-197;  1913A-1180. 

— personal  income  taxable  under  income 
tax  statute.     1913C-984. 

Indians  as  subject  to  state  regulation. 
1914B-652. 

— liquor  sales  to  Indians,  validity  of  stat- 
ute forbidding.     1912B-1090. 

Indictments,  constitutionality  of  statute 
permitting  amendment.  3-558;  1913A- 
402. 


170    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


C?ONSTITUTIONAI.  LAW— Contimied. 

— description  generally  of  property  subject 
of  crime,  validity  of  statute  providing 
for.     1913E-217. 

— felony  prosecution  by  information,  va- 
lidity  of  statute  authorizing.     6-644. 

— form  of  indictment,  validity  of  statute 
presenting.      1918C-551,   569. 

tnebriates,  compulsory  commitment  to 
asylum  or  other  institution  for  treat- 
ment, validity  of  statute  providing 
for.     15-964. 

Inheritance  taxes,  constitutionality  of 
statutes.      1-30;    12-953;    1913D-757. 

—conveyance  in  contemplation  of  or  to 
take  effect  at  death,  validity  of  stat- 
ute levying  succession  tax.  1914D- 
1183. 

Initiative  and  referendum  as  affected  by 
general  constitutional  limitations. 
1916B-820. 

• — self-executing  provisions  of  constitution 
relating  to  initiative  and  referendum. 
18-2'02;  1914C-1119. 

-^—statute,  other  than  local  option  law, 
effective  only  upon  ratification  by 
voters,    validity.      20-652;    1918E-573. 

—validity  of  state  constitution  or  munici- 
pal charter  provisions.  11-920; 
1918D-604. 

Injunction  authorized  against  commission 
of  crime,  validity  of  statute.     13-689. 

Innkeepers,  licensing  or  regulating  hotels, 
lodging  or  rooming  houses  or  the  like, 
validity  of  statute  or  ordinance. 
1916C-290. 

■ — oflBcial  inspection  of  inns  or  hotels, 
validity  of  statute.     1912B-827. 

Insane  persons,  insanity  as  not  consti- 
tuting defense  to  crime,  validity  of 
statute   so   declaring.     1912B-927. 

— support  of  insane  persons,  validity  of 
statute  authorizing  state  to  recover 
for.     1913A-580. 

Insurance,  damages  or  penalty  for  refusal 
or  failure  to  pay  insurance  loss,  va- 
lidity of  statute  providing.  5-405; 
14-301. 

•—delegation  to  officer  or  board  regula- 
tion of  insurance  companies,  validity 
of   statute.     1918E-479. 

^-forfeiture  of  policy  for  immaterial 
false  warranty,  validity  of  statute 
prohibiting.     7-1107. 


C?ONSTITUTIONAI.  LAW— Continued. 

— standard  fire  insurance  policy,  validity 
of  statute  providing  for.  6-91; 
1915A-290. 

— tax  on  fire  insurance  companies  for  fire 
protection  purposes,  validity  of  stat- 
ute   or    ordinance    imposing.     17-261. 

Interest,  discrimination  between  classes 
of  contracts  in  matter  of  interest 
rates,  validity  of  statutes.     7-478. 

Interstate  commerce,  shipment  of  goods 
out  of  state  for  packing  or  other 
preparation  for  sale,  validity  of  stat- 
ute  prohibiting.     1913D-1173. 

Intoxicating  liquors,  beverage  declared  in- 
toxicating irrespective  of  its  actual 
character,    validity    of    statute.     8-52. 

— certain  persons,  validity  of  statute  pro- 
hibiting sales  to  or  frequenting 
saloons  by.     3-325;  13-491. 

— druggists,  validity  of  statute  regulat- 
ing use  and  sale  of  liquor  by  drug- 
gists.    10-401. 

— entrances  to  place  of  sale  of  intoxicat- 
ing liquors,  validity  of  statute  or 
ordinance    regulating.     1916B-1021. 

— federal  license,  possession  as  evidencing 
violation  of  law.     1918D-775,  792. 

— forfeiture  or  destruction  of  liquors  ille- 
gally kept,  validity  of  statute.  2- 
245. 

— gift  of  liquors  to  another,  validity  of 
statute    prohibiting.     13-736. 

— licenses,  limiting  grant  to  residents  or 
citizens  of  state,  validity  of  statute. 
16-1060. 

— ^local  option  laws,  validity.  1-378;  14- 
1001;  1918E-874. 

■ — nonintoxicating  liquors,  validity  of 
statute  or  ordinance  imposing  license 
tax  on  business  of  selling.     1914C-S41. 

— nonresident  soliciting  orders,  state  reg- 
ulation as  interference  with  inter- 
state commerce.     10-736. 

-—particular  locality,  validity  of  statute 
prohibiting  sales  in.     8-258. 

— possession  for  personal  use,  validity  of 
statute  or  ordinance  prohibiting.  19- 
163;   1916E^780;   1917E-695. 

— prohibition  territory,  validity  of  stat- 
ute forbidding  bringing  liquor  into. 
14-569;  1917A-740. 

— property  leased  for  sale  of  liquors,  sub- 
jecting to  payment  of  fines,  taxes, 
etc.,  assessed  against  lessee,  validity 
of  statute.     18-177. 


CONSTITUTIONAL  LAW. 


171     I 


CfONSTITUTIONAL  LAW— Continued. 

— race  distinction  with  respect  to  grant- 
ing liquor  license  or  otherwise,  valid- 
ity of  statute.     1916E-170. 

— saloons,  limiting  number  in  municipal- 
ity, validity  of  statute,  ordinance  or 
order.     1913E-365. 

— sitting  in  and  use  of  screens  in  saloon, 
validity  of  statute  or  ordinance  reg- 
ulating.    5-382. 

— transportation,  state  regulation.  1917A- 
622. 

— Webb-Kenyon  Act,  validity.  1915D- 
1171;   1917B-852. 

Judgments,  default  judgment,  entry  au- 
thorized for  failure  to  obey  order  to 
produce  documents,  validity  of  stat- 
ute.    15-655. 

■ — joint  tort-feasors,  unfavorable  judgment 
against  one  as  bar  in  action  in  an- 
other state  against  other  tort-feasor. 
1913E-882. 

— limitation  of  actions  on  foreign  judg- 
ments,   validity    of    statutes.     8-1125. 

— non  obstante  veredicto,  power  of  fed- 
eral court  to  enter.     1914D-1053. 

— ^revival,  statute  prohibiting  as  impair- 
ment of  obligation  of  contracts.  3- 
1148. 

Judicial  notice,  requiring  court  to  take 
judicial  notice  of  certain  matters, 
validity  of  statute.     1914D-542. 

Junk  dealers,  validity  of  statutory  regu- 
lation.    16-722;  1914B-75;  1918E-198. 

Jury,  court  rule  regulating  right  to  jury 
trial,  validity.     1914B-1184. 

— deprivation  of  jury  trial  in  lower  court 
but  provision  for  trial  by  jury  on 
appeal,  validity  of  statute  providing. 
I912C-1109. 

— exempting  certain  classes  of  persons 
from  jury  service,  validity  of  statute. 
5-783;  1915A-1060. 

— ^invasion  of  right  to  trial  by  jury,  stat- 
ute regulating  instructions  on  evi- 
dence as  constituting.     1916A-1147. 

— jury  fees,  validity  of  statute  requiring 
prepayment  or  taxation  as  costs.  5- 
930;  12-378;  1917B-308. 

— libel  and  slander,  power  given  jury  to 
determine  law  and  facts,  construction 
of  constitutional  or  statutory  pro- 
visions.    1915D-1261. 

— mechanic's  lien  foreclosure,  right  to  jury 
trial.    1913B-283. 


CONSTITUTIONAIi  LAW— Continued. 

— nuisance,  right  to  jury  trial  as  to  exist- 
ence of  nuisance  and  damages.  3- 
1043. 

— number  of  jurors  in  criminal  case, 
whether  may  be  more  or  less  than 
twelve.     1914A-872. 

— partition  proceedings,  right  to  trial  by 
jury.     21-1300. 

— ^peremptory  challenges,  statute  changing 
existing  law  as  ex  post  facto.  1912B- 
811. 

— qualifications  of  jurors,  legislative  regu- 
lation as  violating  constitutional 
guarantee  of  right  to  trial  by  jury. 
1912C-784. 

— quieting  title,  guaranty  of  right  to  trial 
by  jury  as  applying  to  actions  to  quiet 
title.     18-246. 

— quo  warranto  proceedings,  right  to  jury 
trial.     1914B-236. 

— right  of  trial  by  jury,  general  scope  of 
constitutional  provisions  guarantee- 
ing.    1-703. 

— verdict  by  less  than  full  number,  valid- 
ity of  statute  providing  for.  191 6E- 
500;   1918D-690. 

— violation  of  municipal  ordinance,  right 
of  trial  by  jury.     4-507;   18-380. 

— ^will  contest,  right  to  trial  by  jury.  15- 
211;  1914B-557. 

Juvenile  court  statute,  validity.  7-831; 
1914A-1227;   1915D-701. 

Labor  laws,  child  labor  acts,  validity.  9- 
1108;   15-473;  1913E^339. 

— discharge  of  union  employees,  validity 
of   laws  prohibiting.     1-939;    13-773. 

— ^health  or  safety  of  employees,  constitu- 
tionality of  statutes  providing  for. 
2-780. 

— hours  of  labor,  constitutionality  of 
statutes  limiting  length  of  day's  labor. 
1-82;  3-1143;  9-208;  11-90;  13-959; 
1912D-393;  1914D-1263;  1916C-1009; 
1918A-1046. 

— interstate  commerce,  state  regulation  re- 
specting labor  or  material  to  be  used 
in  municipal  improvement  as  inter- 
ference.    3-309. 

— minimum  wage  rate,  private  employ- 
ment, validity  of  statute.  1916A-225; 
1918D-465. 

— picketing,  validity  of  statute.  1918E- 
60. 

— public  work,  statutory  restriction  of 
hours  of  labor.  1-46';  10-721;  1912A- 
773. 


172    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CONSTITTJTIONAI,  LAW— Continued. 

— railroad  employees,  validity  of  statute 
prescribing  qualifications.     1915D-423. 

— state  statute  regulating  hours  of  labor 
as  in  conflict  with  federal  statute  on 
same  subject.     1915D-142. 

— store  order  acts,  validity.  1-417;  14- 
620. 

— strikes,  advertising  for  employees,  va- 
lidity of  statute  requiring  employer 
to  state  that  strike  exists.    191;"jB-661. 

— union  label,  validity  of  statute  protect- 
ing use  of.     1912D-373. 

— union  labor,  validity  of  statute  requiring 
public  work  to  be  done  bv.  1915D- 
974. 

— wages,    minimum   rate   on   public    work. 

1913E-990;   1915D-241. 
— washroom     and     toilet     for     employees, 

validity  of  statutes  requiring.    1915D- 

991;   1918E-622. 

— ^weekly  rest  day  for  employees,  validity 
of  statute  requiring.     1916D-10o8. 

— women,  regulating  employment  of  adult 
females  in  other  respects  than  number 
of  hours  of  labor,  validity  of  statute. 
12-799;    1914D-533;    1916D-1065. 

Laundry  regulation,  validity  of  statutes 
and  ordinances.     21-975. 

Legislature,  committee  to  sit  after  ad- 
journment, power  of  legislature  to 
appoint.     1916B-1147. 

' — investigating  committee  of  legislature, 
general  powers  and  privileges.  1916B- 
1055. 

Licenses,  attorneys,  validity  of  tax  on 
occupation.     1912A-599. 

— auctioneers,  validity  of  license  tax  or 
fee  imposed  on,  1915B-815. 

— citizens  of  United  States,  validity  of 
statute  or  ordinance  confining  license 
to  engage  in  certain  occupations  to 
citizens.     11-516. 

— exemption  of  veterans  from  license 
taxes,  validity  of  statutes.  9-1005; 
1915C-705. 

— inspection  fee  levied  under  police  power 
as  occupation  tax.     1913C-593. 

— ^insurance  agent  or  broker,  validity  of 
statute  licensing.     1914B-260. 

— omission  of  occupation  from  constitu- 
tional enumeration  of  taxable  occupa- 
tions as  affecting  power  to  tax  same. 
19-270. 

— owner  of  premises,  license  tax  for  ex- 
tracting mineral   or   turpentine   tbere- 


CONSTITXJTIONAIi  LAW— Continued. 

from    or    cutting   timber    thereon,    va- 
lidity   of    statute    imposing.      1918A- 

678. 

— plumbers,  validity  of  statutes  imposing 
license  taxes.  7-580;  18-181;  13- 
1081. 

— stationary  engineers,  validity  of  statute 

or    ordinance    licensing    or    otherwise 

regulating.     1915A-1017. 
— uniformity    of   taxation    requirement    as 

applied    to    occupations.      2-325;     15- 

986. 

— vehicles  for  hire,  privilege  tax  as 
violative  of  uniformity  of  taxation. 
5-908;   14-545. 

Liens,  special  assessment,  priority  of  lien 

over      earlier      incumbrance.      1913C- 

1210. 
— tax    lien,     validity     of     statute     giving 

priority.      1913B-520. 
— threshers'    lien    statutes,    validity.      11- 

1003. 

— wage  lien,  priority  of  employees'  stat- 
utory lien  over  prior  mortgage.  4- 
1027;   10-344. 

Limitation  of  actions,  new  limitation 
applicable  to  existing- causes,  validity 
of  statute  as  dependent  on  its  reason- 
ableness.    8-525;   14-352. 

— retroactive  operation  of  statute  of  limi- 
tations, validity.     4-166;    1912A-1043. 

Lottery,  statute  prohibiting  advertising  as 
invasion  of  constitutional  liberty  of 
speech  and  press.     15-8. 

Market-stalls  or  stands  in  street,  power 
of  municipality  to  establish  or  license. 
1914D-352. 

Martial  law.     1914C-22. 

Master  and  servant,  criminal  liability  of 
servant  for  breach  of  contract  after 
receiving  advances,  validity  of  statute 
imposing.     7-959. 

— discharge  of  servant,  validity  of  statute 
requiring  master  to  give  reason.  18- 
348. 

Mechanics'  liens,  foreclosure,  validity  of 
statute  taxing  attorney's  fees  as  costs. 
11-714;  1916D-1044. 

— validity  of  mechanic's  lien  statutes.  4- 
620;   1912C-339. 

Medicine  or  other  deleterious  substance, 
validity  of  statute  prohibiting  dis- 
tribution  of   samples.      1915C-551. 


CONSTITUTIONAL  LAW. 


173 


CONSTITUTIONAL  LAW— Continued. 

Mercantile  agencies,  statutory  regulation, 
I916D-749. 

Monopolies,  constitutionality  of  statutes 
designed  to  prevent  monopolies  and 
trusts.     6-846;  8-721;   18-1154. 

— exclusive  rights  or  privileges,  validity 
of  grant.     1-847. 

Mptor  boats,  statutory  or  municipal  regu- 
lation.    1915C-1139. 

Motorcycles,  statutory  regulation.  1917A- 
218. 

Moving  pictures,  fire  inspection  of  moving- 
picture  shows,  validity  of  statute  pro- 
viding for.     1915C-1214. 

— statutory  regulation,  validity.  1913E- 
1306;  1915B-1186;  1916C-301. 

Municipal  corporations,  annexation  and 
consolidation  of  municipalities,  valid- 
ity of  special  legislation.     3-499. 

— charter,  amendment  or  adoption  of  new- 
charter,  validity  of  statute  conferring 
power  on  municipality.  1913C-788; 
1918E-580. 

—classification  according  to  differences  in 
population,  validity  of  statute.  15- 
856. 

— commission  form  of  municipal  govern- 
ment. 1912C-999;  1915A-1217;  1917C- 
1103. 

— contract  for  payment  of  indebtedness 
through  term  of  years  as  valid  where 
aggregate  exceeds  debt  limit.  7-150; 
1913B-1177. 

^corporate  privileges  or  powers  conferred 
by  special  law,  applicability  to  munici- 
pal corporations  of  constitutional  pro- 
hibition against  special  laws.     9-1172. 

• — creation  of  new  municipality  only  by 
ratification  of  voters  within  territory 
affected,  validity  of  statute.  1914C- 
626. 

— debt  limit,  interest  on  municipal  bonds 
as  factor  in  determining  whether  debt 
limit  is  exceeded.  17-1243;  1918B- 
598. 

— election  of  officers,  power  to  elect  in 
method  other  than  that  prescribed  by 
general  laws.     191oB-126. 

— exemption  of  municipality  from  liability 
for  defect  in  street  in  absence  of 
notice,  validity  of  statute.  1913A- 
693. 

— fuel,  power  of  municipality  to  engage 
in  business  of  furnishing  to  in- 
habitants.     1916C-742. 


CONSTITUTIONAL  LAW— Continued. 

— ice,  power  to  operate  plant  for  furnish- 
ing to  inhabitants.     1916C-1287. 

— inflammable  material,  right  of  munici- 
pality to  prohibit  accumulation  within 
limits.      1913E-435. 

— ^lighting  plant,  power  to  construct  or 
purchase.     1916B-523. 

— local  self-government,  powers  conferred 
on  municipality  by  grant.     1914D-969. 

— mob  violence,  validity  of  statute  making 
municipality  liable  for  injuries  caused. 
6-268;   14-1133;    1913B-1351. 

— negligence  in  respect  to  condition  of 
streets  and  highways,  validity  of  stat- 
ute relieving  municipality  from  liabil- 
ity.    18-289;  1913D-1309. 

—'notice  to  municipality  of  defect  in  street 
or  highway  as  condition  precedent  to 
liability,  validity  of  statute  or  ordi- 
nance requiring  written  notice.  16- 
172. 

— ordinance,  validity  of  ordinance  passed 
in  violation  of  rule  of  municipal  coun- 
cil.    1914D-1199. 

— presumption  and  burden  of  proof  as  to 
validity  of  ordinance.     1916B-502. 

— reasonableness  of  ordinance  as  question 
of  law  or  fact.     1914B-204. 

— snow  on  sidewalk,  validity  of  ordinance 
requiring  citizens  to  remove.  4-238; 
13-705. 

— statute  and  ordinance  covering  same 
ground  as  affecting,  validity  of  latter. 
4-2;  13-799;  1912D-677. 

— telephone  system,  power  of  municipality 
to  construct  and  operate.     1918A-380. 

— two  or  more  political  bodies  wholly  or 
partly  coincident  in  territory  as  sepa- 
rate bodies  for  purposes  of  constitu- 
tional debt  limit.     1912C-449. 

— tunnel  under  street,  power  of  municipal- 
ity to  permit  private  citizen  to  con- 
struct.    1916B-750. 

Names,  authorizing  change  of  name  by 
individual,  validity  of  statute. 
1917A-437. 

Naturalization  of  aliens,  validity  of  state 
legislation.     1912A-817. 

Newspapers,  report  of  criminal  execution, 
validity  of  statute  prohibiting  publi- 
cation.    10-353. 

— statute  declaring  publication  nuisance 
as  infringing  constitutional  liberty  of 
speech  and  press.    15-9. 


174    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CONSTITUTIONAI.  LAW— Continued. 

Nursing,  state  regulation  of  practice. 
1917C-168. 

Oil,  petroleum  products,  statutory  regula- 
tion of  sale.     18-783;   1917A-167. 

Owner  of  premises  made  liable  for  water 
or  light  furnished  to  tenant  or  for- 
mer owner,  validity  of  statute,  ordi- 
nance or  regulation.  7-1017;  11- 
241. 

Parades,  regulating  parades  or  proces- 
sions, validity  of  statute  or  ordi- 
nance.    1916D-847. 

Parks  in  municipalities,  authority  of 
state  to  regulate  or  control.  1912A- 
1069. 

Patent  rights,  validity  of  statute  requir- 
ing note  to  show  consideration.  5- 
426. 

Pawnbrokers,  state  or  municipal  regula- 
tion.    1913D-1281. 

Penalty  or  punishment  not  mentioned  in 
title,  validity  of  statute.  1912D- 
157. 

Pensions,  Civil  War  veterans,  state  pen- 
sion, bounty  or  aid,  validity  of  stat- 
ute  granting.     1913B-951. 

—confederate  veterans,  validity  of  stat- 
utes.    1915C-282. 

— ^municipal  employees,  validity  of  stat- 
ute or  ordinance  providing  for. 
19120-545;   1917C-1140;   1918D-454. 

Peonage,  constitutional  and  statutory 
provisions  concerning  peonage.  3- 
321;    14-1118;    1915B-498. 

Physicians  and  surgeons,  advertising, 
statute  prohibiting  under  assumed 
name  as  violating  constitutional 
liberty  of  speech  and  press.  1915B- 
1186. 

— Christian  science  or  other  drugless 
treatment  of  disease,  validity  of  spe- 
cial  regulation.     1917B-798. 

' — ^licenses,  requiring  previous  practi- 
tioners to  take  out  licenses,  validity 
of  statute  as  impairing  vested  rights. 
5-1005;    19-833;   1914B-399. 

— ocular  diseases,  special  regulation  of 
persons    treating.     1917B-803. 

— regulation  of  practice  of  medicine, 
validity  of  statute  or  ordinance.  7- 
157. 

»— revocation  of  licenses  of  physician  or 
Burgeon,  validity  of  statute  authoriz- 
ing.    7-752;    1912A-634;    1915D-1194. 


CONSTITUTIONAI.  Lxi.W— Continued. 

Poison,  possession  by  others  than  dealer, 
licensee,  etc.,  validity  of  statute  pro- 
hibiting.    i912C-972. 

Police,  creating  metropolitan  police, 
validity  of  statute.  8-1102;  1917D- 
1112. 

Poolroom  regulation  as  exercise  of  police 
power.     2-71. 

Postal  laws,  carriage  of  mailable  matter 
over  post  routes  otherwise  than  in 
mails,  validity  of  prohibitory  stat- 
ute.    21-703. 

— liberty  of  speech  and  press  as  violated 
by  statute  regulating  matter  sent 
by   mail.     15-9;    1915B-1186. 

Prisons,  board  or  officer  authorized  to 
transfer  prisoners  from  one  place 
of  confinement  to  another,  validity 
of   statute   authorizing.     1914A-1253. 

Process,  constructive  service  on  nonresi- 
dent or  unknown  claimant  of  land, 
validity  of  statute  providing.  1914D- 
677. 

- — designation  of  particular  kind  of  agent 
for  service  of  process  on  foreign 
corporation,  validity  of  statute  re- 
quiring,    1916E-339." 

— foreign  corporation,  resident  agent  for 
service  of  process,  validity  of  statute 
requiring  appointment.     6-42. 

— nonresident  partnership,  validity  of 
statute  providing  for  service  on  agent. 
1916D-813. 

— partnership,  service  on  single  partner 
as  binding  firm,  validity  of  statute. 
20-1242. 

— personal  judgment  on  service  of  process 
on  resident  outside  of  state  limits, 
right  of  state  to  authorize.  1912D- 
695. 

— publication,  validity  of  service  by  in 
action    for    partition.     1916E-1002. 

— substituted  service  in  action  by  leav- 
ing summons  at  defendant's  residence 
or  last  or  usual  place  of  abode,  con- 
stitutionality.    1913A-1188. 

Prostitution,  white  slave  traffic  act,  va- 
lidity.    1913E-909;    1917B-1177. 

Public  officers,  anti-nepotism  law,  validity 
and   construction.     1917D-73o. 

— appointment,  validity  of  statute  impos- 
ing appointing  power  on  judges.  8— 
599;   10-436;   18-1189- 

— civil   service  statutes,   validity.     1913B- 

1005. 


CONSTITUTIONAL  LAW. 


175 


C?ONSTITTJTIONAI.  LAW— Continued. 

— compensation,  applicability  of  constitu- 
tional prohibition  against  change  of 
salary  during  term  where  new  duties 
are  imposed  after  taking  office.  18— 
403. 

— consecutive  service,  validity  of  statute 
limiting.     1918E-358. 

— de  facto  officer,  election  or  appoint- 
ment under  unconstitutional  statute 
as    creating.     1915C-498. 

— entering  employ  of  corporation,  validity 
of  statute  prohibiting  public  officer. 
1912C-1067. 

— estoppel  to  deny  validity  of  statute  by 
accepting  compensation  thereunder. 
1917C-284. 

— official  bonds,  fund  for  bonding  of 
officers,  validity  of  statute  establish- 
ing.    1918A-603. 

— political  activity  by  public  officer,  va- 
lidity of  statute  prohibiting.  1915A- 
558. 

— political  belief  as  affecting  eligibility 
to  office,  validity  of  statute.  1915A- 
594. 

—premium  on  official  bonds,  validity  of 
statute  providing  for  payment  by 
state,   county,   etc.     1913I)-715. 

— recall  of  public  officers,  validity  of 
statute  providing  for.  21-308;  1916A- 
1155,    1160;    1918D-878. 

— release  of  surety  on  official  bond  from 
liability,  validity  of  statute.  1912A- 
73. 

— surety  companies,  authorization  as 
surety  on  official  bonds,  validity  of 
statutes.     2^87. 

— term  of  office,  right  of  legislature  to 
extend  term  fixed  by  constitution  by 
providing  that  occupant  may  hold 
over  until  successor  qualifies.  21- 
58. 

— two  offices  at  same  time,  right  to  hold. 
1915A-525. 

Public  printing,  work  to  be  done  within 
state,  validity  of  statute  requiring. 
1913A-82;    1918B-958. 

Public  property,  use  for  religious  vmr- 
ship,  power  of  public  authorities  to 
authorize  or  refuse.     1914B-303. 

Public  Service  Commissions,  commuta- 
tion rates,  validity  of  order  of  com- 
mission   regulating.     1917B-1153, 

— construction  or  extension  of  public 
utility,  validity  of  statute  conferring 


CfONSTITUTIONAL  LAW— Continued. 

power  on  commission  to  determine 
necessity.     1916E-299. 

— electric  wires,  power  of  commission  to 
prevent  maintenance  in  close  prox- 
imity.    1918B-847. 

•^eminent  domain,  validity  of  statute 
conferring  on  commission  jurisdiction 
of   proceedings.     1916C-420. 

■ — mileage  tickets,  validity  of  order  of 
commission  regulating  manner  of 
using.     1915A-1031. 

— particular  class  of  service,  power  of 
commission  to  compel  carrier  to  fur- 
nish.    1917B-1160. 

■ — railroad  commission,  validity  of  stat- 
ute creating  commission  which  ex- 
empts from  its  operation  certaiu 
railroads.     1914A-1168. 

—rates  for  public  service  corporations, 
validity  of  statute  conferring  on 
commission  power  to  fix.  14-614; 
1917C-57. 

— ^running  time  of  trains,  power  of  com- 
mission   to    regulate.     1916D-1034. 

— side-tracks,  power  of  public  service 
commission  to  compel  railroad  to 
build.     1915D-210. 

• — Sunday  trains,  validity  of  order  of 
commission  requiring  operation. 
1917B-1205. 

— switching  charge,  regulation  by  state 
or    railroad    commission.     1914B-366. 

— test  order,  power  of  commission  to 
make.    1917E-794. 

Public  utilities,  minimum  rate  to  be 
charged,  validity  of  regulation  fix- 
ing.    1916A-933. 

— rates,  power  of  courts  to  fix  or  regu- 
late.    9-823;    1916B-289. 

■ — relief  from  obligations  of  charter, 
power  of  municipality  by  ordinance 
to    relieve.     1914D-1071. 

Railroads,  automatic  device  for  bell-ring- 
ing, validity  of  statute  requiring  rail- 
road to  equip  locomotives.  1914D- 
1289. 

■ — crossings  at  new  highways,  validity  of 
requirement  that  railroad  shall  con- 
struct and  maintain  without  compen- 
sation.    8-1056;    20-1208. 

• — depot  in  every  city,  town  or  village 
along  line,  validity  of  statute  requir- 
ing railroad  to  maintain.     1912A-227. 

—eight-hour  day  and  minimum  wage  for 
interstate    railroad    employees,    valid- 


176    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


C?ONSTITUTIONAIj  law— Continued. 

ity  of  statute  establishing.  1918A- 
1043. 

. — ^fellow-servant  doctrine,  kind  of  rail- 
road intended  by  constitutional  or 
statutory  provision  abrogating  doc- 
trine as  to  railroad  employees. 
1912D-648. 

— grade  crossings,  validity  of  statute  em- 
powering municipality  to  abolish. 
1915A-76. 

— lights  at  street  crossings,  power  of  mu- 
nicipality to  require  railroad  to  main- 
tain.    1912D-403. 

— side-track  to  private  establishment  at 
own  expense,  validity  of  statute  re- 
quiring railroad  to  build.     18-981, 

— state  regulation  as  interference  with 
interstate    commerce.     1917A-973. 

Recording  acts,  constitutionality  with  re- 
spect to  pre-existing  instruments.  5- 
258. 

Residential  districts,  establishment  and 
prohibiting  carrying  on  of  business 
therein,  validity  of  ordinance.  1914A- 
132. 

— retail  stores  in  district,  validity  of 
ordinance     prohibiting.     1915A-294. 

— segregation  of  colored  and  white  per- 
sons in  different  districts,  validity  of 
statute  or  ordinance  providing. 
1915B-964;  1916E-1I57;  1917B-15o; 
1917D-1127;    1918A-1207. 

Scalping  theater  tickets,  validity  of  stat- 
utes   prohibiting.     9-749. 

Schools,  classifying  school  districts,  with 
different  provisions  for  different 
classes  of  districts,  validity  of  stat- 
ute.    1913E-1331. 

— compulsory  attendance  at  public 
schools,  validity  of  statute.  1912A- 
373. 

— ^funds,  power  of  legislature  with  respect 
to  expenditure.     1917C-917. 

— health  regulation  relating  to  school 
children,    validity.     1917A-76o. 

— normal  school,  establishment  as  within 
general  power  of  state  to  establish 
schools.     1912B-1360. 

— religion,  teaching  religious  doctrines  in 
public  schools.  2-522;  19-234;  1916A- 
812. 

— salary  of  school  teachers,  validity  of 
statute    fixing    minimum.     1916E-420. 

—secret  societies  among  students,  valid- 
ity of  statute  or  other  prohibition. 
1916E-527. 


CONSTITUTIONAIi  Ui.W— Continued. 

— sectarian  religious  garb,  wearing  by 
teacher  in  public  school.  6-435; 
1912A-428. 

— separate  school  district  within  munici- 
pality as  subject  to  regulation  by 
latter.     1915B-1042. 

— text-books  used  in  public  schools,  valid- 
ity of  statutory  regulation.  1912B- 
476. 

— transportation  of  pupils  to  and  from 
school,  validity  of  statute  providing 
for.     1912C-762;   1916E-1097. 

— vaccination,  compulsory  vaccination  of 
pupils.     1-336;    10-882;    14-945. 

Second-hand  clothes,  bedding,  or  the  like, 
state  or  municipal  regulation  of  use 
or  sale.     1917C-1068. 

Sentence   and   punishment,   asexualization, 

validity   of   statute.     1914B-olo. 
^-commutation    of    sentence,    validity    of 

statute    conferring    power    on    board. 

4-1111;  20-479. 
— cruel     and     unusual     punishment,    what 

constitutes.     19-725. 
— habitual    criminals,    validity    of    statute 

prescribing     special     punishment     for 

prior    offender    or    habitual    criminal. 

18-923. 

Sheriffs  and  constables,  percentage  of 
amount  collected  for  selling  property, 
validity  of  statute  allowing  as  com- 
pensation.    1913B-1299. 

Ships  and  shipping,  limitation  of  vessel 
owners'  liability,  validity  of  statute. 
1913I>-1224. 

Slaughter-houses,  statutory  regulation.  18- 
470;    1915C-245. 

Slavery  or  involuntary  servitude,  statute 
authorizing  state  to  bind  out  infant 
to  service  as  within  constitutional 
provision  against.     9-402. 

Smoke  ordinance  or  statute,  validity.  2— 
582;    13-1200;.  1918B-173. 

Special  assessments,  assessment  in  excess 
of  benefits,  validity.     3-11. 

- — attorney'  fees  in  action  for  collection, 
•  validity  of  statute  providing  for  re- 
covery.    11-811;     1912A-692. 

— front-foot  levy  instead  of  according  to 
benefit,  validity.  1913A-655;  1916B- 
194;   191SD^32. 

— personal  liability  imposed  on  abutting 
owner  for  special  assessment,  validity 
of  statute.     17-1255. 


CONSTITUTIONAL  LAW. 


177 


CONSTITUTIONAI.  LAW— Continued. 

— rural  highway,  assessing  cost  of  con- 
struction or  repair  on  land  benefited, 
validity   of   statute.     1913D-550. 

— ^water-pipes  in  street,  right  to  levy  as- 
sessment against  abutting  property 
for  laying.     5-9Qo. 

States,  suit  to  enjoin  enforcement  of  stat- 
ute by  state  officer  as  suit  against 
state  within  constitutional  prohibi- 
tion.    14-791. 

— torts,  liability  of  state  for  torts  of  its 
officers.     1913E-1038. 

Statutes,  construction  of  constitutional 
provisions  relative  to  titles  of  stat- 
utes.    1915A-79. 

— directory  or  mandatory  provision,  con- 
stitutional requirement  as  to  form  of 
enacting  clause.     14-813. 

— enacting  clause,  effect  of  omission. 
1916A-520. 

— impeachment  of  statute  by  reference  to 
legislative   journals.     1918D-253. 

— local  statutes,  validity  of  enactment. 
6-926. 

— ministerial  officer's  right  to  question 
validity  of  statute.  2-81;  1912D- 
152;  1918D-1199. 

— objection  to  constitutionality  of  statute 
or  ordinance,  who  may  raise.  19- 
175;    1915C-57. 

— partial  invalidity  of  statute,  effect. 
1916D-9. 

— passage  of  legislative  bills  by  vote  of 
yeas  and  nays,  what  constitutes 
within  constitutional  provision  re- 
quiring.    16-977. 

— ^ratification  of  voters  essential  to  tak- 
ing effect,  validity  of  statute  other 
than  local  option  law.  20-652; 
1918E-573. 

— repeal  or  amendment  of  repealing  stat- 
ute, effect  as  reviving  repealed  stat- 
ute.    1918B-281. 

— signature  of  presiding  officer  to  legis- 
lative enactments,  necessity  of.  4- 
905. 

— special  or  extra  session  of  legislature, 
validity  of  statutes  passed.  21-409; 
1915C-475. 

— statute  inoperative  because  of  conflict 
with  federal  law,  necessity  of  re- 
enactment  after  change  in  federal 
law.     19-606. 

— title     more     comprehensive     than     act, 
validity  of   statute.     1912A-102. 
Index  to  Notes — 12 


C?ONSTITimONAIi  LAW— Continued. 

— validation  of  unconstitutional  statute 
by   amendment.     4-920. 

Stock  exchange,  rule  with  respect  to  seat 
of  insolvent  or  defaulting  member, 
validity.     1916E-879. 

Street  railways,  fenders,  validity  of  stat- 
ute or  ordinance  requiring  cars  to  be 
equipped  with.     1912B-846. 

— new  line,  right  of  municipality  to  com- 
pel  construction.     19130-142. 

— routing  of  cars,  regulation  of.     1912B- 

1024. 

— safety  brakes,  validity  of  ordinance  re- 
quiring  equipment.     1913B-660. 

— stopping  cars  at  certain  points,  power 
of  municipality  to  require.  1914D- 
1092. 

— transfers,  selling  or  giving  away,  valid- 
ity of  statute  or  ordinance  prohibit- 
ing.    11-557. 

— vestibule,  seat,  or  other  convenience  or 
protection  for  motorman,  validity  of 
statute  or  ordinance  requiring.  1914I>- 
616. 

— watering  tracks,  validity  of  statute 
or  ordinance  requiring.  1912B-1139; 
1915D-967. 

Streets  and  highways,  assemblage  of  per- 
sons idly  on  street,  validity  and  con- 
struction of  ordinance  forbidding. 
1912B-1185. 

— business  vehicles,  validity  of  ordinance 
prohibiting    use.     1916E-969. 

— grade  crossings,  validity  of  statute  em- 
powering municipality  to  abolish. 
1915A-76. 

— law  of  road,  right  of  way  in  streets 
given  particular  vehicles,  validity  of 
statute.     1915A-93. 

— private  street  in  municipality,  validity 
of  ordinance  fixing  width.  1912A- 
615. 

— speed  of  vehicles  in  streets  and  high- 
ways, validity  of  statute  or  ordinance 
regulating.  3-495;  11-728;  1916E3- 
1067. 

— width  of  tires  on  vehicles,  validity  of 
statute  or  ordinance  regulating.  21- 
1222. 

Sunday  laws  generally,  validity.  12- 
1096;  1913E-935. 

— failure  to  except  persons  observing 
seventh  day  of  week  as  affecting 
validity   of   statute.     7-934. 


178     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CfONSTTnJTIONAL  LAW— Continued. 

— particular  occupations  subjected  to  Sun- 
day law,  validity  of  statute.  1-93; 
10-1016;  14-141;  1915C-200;  1918E- 
1170. 

— ^running  trains  on  Sunday,  statute  pro- 
hibiting as  interference  with  inter- 
state commerce.     7-S;  13-147. 

Taxation,  appeal  to  courts  from  amount  of 
assessment,  validity  of  statute  con- 
ferring   right.     14-165. 

— assessment  based  on  fixed  per  cent  of 
value,  validity  of  statute  providing. 
1915D-446. 

— direct  tax,  what  is,  within  meaning  of 
federal     constitution.     1912B-1328. 

— dog  taxes,  validity  of  ordinance  impos- 
ing tax  on  privilege  of  keeping  dog. 
1912D-879. 

— exemptions,  power  of  municipal  corpora- 
tion to   grant.     1918E-1088. 

— exports,  tax  on  marine  insurance  policy 
on  exports  as  constituting  tax  on, 
articles    exported.     1915D-1090. 

— farming  lands  within  municipal  limits 
validity  of  statute  exempting.  1912A- 
347. 

— ferry,  state  taxation  as  regulation  of 
interstate    commerce.     1914B-684. 

— foreign  corporation,  liability  of  shares 
of  stock  within  state  to  taxation. 
1916C-829. 

— ^interest  on  delinquent  taxes,  validity  of 
statute  imposing.     16—473. 

— ^judgments,  validity  of  statute  imposing 
tax.     1912C-1176. 

— legislative  assessment,  validity  of  direct 
assessment  by  legislature.     11-720. 

— lien  for  taxes,  validity  of  statute  giv- 
ing priority.     1913B-520;   1917A-1079. 

— money  loaned  on  mortgage  security, 
validity    of    exemption.     1916E-757. 

— municipalities,  classification  for  tax 
purposes  according  to  differences  in 
population,  validity  of  statute.  15- 
860. 

— orders  for  foreign  goods  or  services, 
state  taxation  of  business  of  taking 
orders  as  attempted  regulation  of  in- 
terstate   commerce.     1916B-496. 

— ordinance  of  municipal  corporation  levy- 
ing tax,  validity.     21-199. 

— parsonage  or  residence  of  minister, 
priest,  etc.,  constitutionality  of  stat- 
ute exempting  from  taxation.  11- 
1104. 


CfONSTITUTIONAI.  LAW— Continued. 

— poll  tax  statutes,  validity.  12-317; 
1917E-1208. 

— realty  situate  in  more  than  one  taxing 
district,  validity  of  tax  statutes.  18- 
713. 

— restriction  on  exercise  of  rights  by  de- 
linquent taxpayer,  validity  of  statute 
imposing.     1916D-1099. 

— sales  of  goods  of  foreign  country,  power 
of  state  to  discriminate  against  goods 
by  taxing  sales.     5-880;  7-591. 

— state  or  municipal  bonds,  liability  to 
taxation  by  state.  8-27;  12-350; 
1914B-1163. 

— tax  lien  of  municipality,  validity  of 
statute  providing  for  sale.  1913C- 
964. 

— title  acquired  by  possession  under  tax 
deed  valid  on  face  for  period  of  stat- 
ute of  limitations  protecting  tax 
title,   validity.     16-1144. 

• — ^uniformity,  classification  of  subjects  of 
taxation  as  affected  by  constitutional 
requirement.     1-638. 

Taxicabs,  hacks  or  the  like,  municipal 
regulation  other  than  taxation.  191 4D- 
735. 

Telegraphs  and  telephones,  damages  for 
mental  anguish,  validity  of  statute 
permitting  recovery  from  telegraph 
company.     1913C-865. 

— messages,  negligent  handling,  state  stat- 
ute penalizing  as  regulation  of  inter- 
state commerce.  2-513;  21-819; 
1918C-1039. 

— tax  on  telegraph  company,  statute  or 
ordinance  imposing  tax  as  interfer- 
ence with  interstate  commerce. 
1914A-987. 

— telephone  rates,  validity  of  statute  or 
ordinance  regulating.     1912D-308. 

— use  of  streets  by  telegraph  or  telephone 
company,  validity  of  tax  as  depend- 
ing on  amount.     16-343. 

Tenement  house  manufacture  of  clothing, 
validity    of    statutes    regulating.     1- 

747.  ^ 

f 
Theaters  and  amusements,  fire  and  police 
protection  of  theater  or  other  place 
of  amusement,  right  to  compel  pro- 
prietor to  furnish  at  own  expense. 
20-361;    1916A-1183. 

Ticket  brokerage,  validity  of  statutes  pro- 
hibiting.    6-873;   8-649. 


CONSTITUTIONAL  LAW. 


179 


CONSTITUTIONAL  LAW — Continued. 

Tips,  validity  of  Anti-tipping  Act.  1918D- 
238. 

Tobacco,  smoking  in  public  place,  validity 
of    statute    or    ordinance    forbidding. 

1915A-1058. 

Torrens  Acts,  validity.  12-834;  1913C-871; 
1918E-184. 

Trading  stamps,  validity  of  statute 
licensing.  1-48;  12-528;  1915A-375; 
1916A-212;   1917B-464;  1918D-713.    . 

Trees  and  timber,  license  tax  on  owner 
for  extracting  turpentine  or  cutting 
timber,    validity.     1918A-678. 

— regulation  by  state  of  cutting  of  trees 
on   private  lands,  validity.     13-749. 

Trial,  providing  for  separate  trial  of 
issues  in  case,  validity  of  statute. 
1913B-267. 

Trusts,     investment     of  trust     funds     in 

private      corporate  stock,      validity 

under    constitutional  provisions.     16- 
72. 

Tuberculosis  hospital,  validity  of  legisla- 
tion providing  for  establishment. 
1915C-315. 

■Undertakers  or  embalmers,  statutory  reg- 
ulation.    1913A-1252. 

Usury,  criminality,  validity  of  statute  de- 
claring taking  of  usury  as  criminal 
offense.     5-386;   1912C-828. 

— denial  of  usury  defense  to  corporations, 
validity  of   statute.     14-115. 

— exempting  building  and  loan  associa- 
tions from  usury  laws,  validity  of 
statute.     2-996;    20-1252;    1916E-232. 

Vaccination,  compulsory,  validity  of  law. 
1-336;  10-882;  14-945. 

Vagrancy   statutes,   validity.     21-478. 

Venue,  change  in  criminal  actions  on 
application  of  state  or  court's  own 
motion,  validity  of  statute  providing 
for.     3-197. 

— constitutional  right  of  party  defendant 
to  be  sued  in  county  of  his  residence. 
1912C-614. 

—offense  committed  partly  in  one  county 
and  partly  in  another,  validity  of 
statute  fixing  venue.     4-1194. 

— prosecution  of  offense  in  county  other 
than  where  committed,  validity  of 
statute  authorizing.     19-1236. 

Veterans'  preference  laws,  validity.  1- 
291;    9-1049;    1914D-725. 


CONSTITUTIONAL  LAW— Continued. 

Vital  statistics,  registration  of  births  and 
deaths,  validity  of  statute  requiring. 
1912C-686. 

Wages,  assignment  of  unearned  wages, 
constitutionality  of  statute  declaring 
invalid  except  under  prescribed  con- 
ditions.    1913B-531;    1917A-760. 

— time  of  payment  of  wages,  validity  of 
statutes  regulating.  9-238;  13-482; 
1916B-135. 

War,  compulsory  military  service.  1917C- 
812;   1918B-863;   1918IX-100. 

— expatriated  person  as  constituting  alien 
enemy.     1916D-306. 

— nature  and  scope  of  war  power. 
1918B-1009;    1918D-1105. 

Waste,    prevention    of    waste    of  natural 

gas,    petroleum    or   water   by  private 

owner,    validity    of    statutes.  4-213; 
16-1001;    1912C-165. 

Water  company,  meter,  right  to  compel 
customer  to  pay  for  meter  as  condi- 
tion to  supplying  water.     1915C-1198. 

Waters  and  watercourses,  dredging 
through  land  under  water  held  by 
private  owners,  right  of  government. 
1915A-284. 

• — exclusive  control  over  navigable  stream, 
validity  of  legislative  grant.  1915D- 
69. 

— navigability,  power  of  legislature  to 
declare.     1912r)-1091. 

— pollution  of  stream,  validity  of  statute 
imposing    penalty.     1914A-1180. 

— sand,  gravel  or  like,  right  to  take  from 
bed  of  navigable  stream.     1916B-559. 

— title  to  land  under  navigable  water, 
power  of  state  to  grant.     1918B-1107. 

Wayward  children,  commitment  to  insti- 
tutions or  to  proper  guardianship 
■without  jury  trial,  validity  of  stat- 
utes providing.     5-96;   14-819. 

Weights  and  measures,  fraud,  validity  of 
legislation  for  prevention.  1912C-251; 
1918D-lo6. 

— minerals  which  are  mined  by  employees 
by  weight,  validity  of  statutes  reg- 
ulating  weighing.     11-74. 

— ^public  weighing,  validity  of  ordi- 
nance requiring.  1915D-1073;  1912C- 
251;    1915D-1073;   1917E-877. 

White  Slave  Traffic  Act,  validity.  1913E- 
909;   1917B-1177. 

— effect  of  federal  statute  on  state  legis- 
lation.    1915D-1020. 


180    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  I'OISE'. 


CONSTITUTIONAL  LAW— Continued. 

Witnesses,  abridging  privilege  of  witness 
by    statute.     2-177;    17-128. 

— demand  on  accused  in  presence  of  jury- 
to  produce  incriminating  evidence  as 
violation  of  constitutional  privilege. 
1912D-261. 

— determination  of  incriminating  char- 
ecter  of  answer  called  for  as  matter 
for  court  or  witness  to  decide.  5- 
41;    11-1079;    12-661. 

— ^indictment  or  information  based  on 
testimony  of  accused  as  violative  of 
constitutional  privilege.  6-606;  1914C- 
418. 

— necessity  that  witness  claim  exemption 
from  self-incrimination  in  order  to  be 
entitled  to  immunity  from  subsequent 
prosecution.     J915B-399. 

— ^production  of  books  of  private  corpora- 
tion by  person  whom  they  may  in- 
criminate, power  of  court  to  compel. 
1912D-569. 

• — 'waiver  of  privilege  by  accused  testify- 
ing in  own  behalf.     2-247;  11-822. 

Women,  right  of  woman  to  be  notary 
public.     1917D-534. 

Workmen's  Compensation  Act,  validity. 
1912B-174;  1915A-247;  1916B-1286; 
1917D-637,  641,  650;  1917E-401,  839; 
1918B-611. 


CONSTRUCTION  WORK. 

See  Building     aad     Working     Contracts; 
Meclianics'  Liens. 

Federal  Employers'  Liability  Act  as  pro- 
tecting railroad  employees  engaged 
in  construction  and  repair  work. 
1914C-156,  167;  1916&-476;  1918B-59, 
70. 

Specific  performance  of  contract  for  con- 
struction  work.     9-160. 


CONSTRUCTIVE  DELIVERY. 

See  Frauds,  Statute  of. 

CONSTRUCTIVE  EVICTION. 

See  Lajidlord  and  Tenant. 

CONSTRUCTIVE  NOTICE. 

See  Notice;   Recording  Acts. 

CONSTRUCTIVE  SERVICE. 

See  Process. 


CONSTRUCTIVE  TOTAL  LOSS. 

See  Marine  Insurance. 

CONSULS. 

See  Ambassadors  and   Consiils. 

CONSUMMATION  OF  CONTRACT. 

See    Contracts. 

CONTAGIOUS  DISEASES. 

See  Health. 

Infected  premises,  duty  of  landlord  to  in- 
form  tenant.     1-679. 

Municipal   hospital  as   nuisance.     6-823. 

CONTEMPORANEOUS    IN- 
STRUMENTS. 

Construction  together.     5-149;   1914A-318. 

CONTEMPORARY 
STATUTES. 

Construction     together     of     contemporary 
statutes  in  pari  materia,     1915A-186. 


CONTEMPT. 

1.  Classification   of  Contempts. 

2.  Power  to  Punish. 

3.  Conduct  Amounting  to  Contempt. 

4.  Defenses. 

5.  Procedure.  , 

6.  Disabilities  of  Contemnor. 

7.  Liability  for  Exercise  of  Power. 

1.     Classification  of  Contempts. 

Civil  and  criminal  contempt,  distinction 
between.     21-907;    1916B-959. 

Corporation,  criminal  liability  of  corpora- 
tion  for   contempt.     19160-463. 

"Presence  of  court,"  when  contempt  com- 
mitted  in.     17-220. 

Prosecution  for  contempt  as  criminal  pro- 
ceeding within  rule  as  to  jeopardy. 
1912B-1008. 

2.    Power   to   Punish. 

Act  punishable  by  statute,  power  of  court 
to  punish  as  for  contempt.  1915B- 
157. 


CONTEMPT. 


181 


CONTEMPT — Continued. 

Board  of  public  officials,  power  to  punish 
for    contempt.     1912B-1265. 

Chambers  or  in  vacation,  power  of  court 
to  punish  for  contempt.     1913B-35. 

Judgment  for  specific  performance  of  con- 
tract to  sell  realty  as  enforceable  by 
contempt    process.     1912C-780. 

Justice  of  peace,  power  to  punish  witness 

for  contempt.     9-316. 
Juvenile  court,  power  to  punish  contempt. 

1916E-1014. 
Legislative   regulation   of  power   of   court 

to    punish    for.     16-759. 

Legislature  or  legislative  committee, 
power  to  punish  witness.  7-877; 
1916B-1118. 

— power  to  punish  person  other  than  wit- 
ness.    1918B-378. 

Magistrate,  power  to  punish  witness  for 
contempt.     9-316. 

Order  of  one  court,  violation  as  subject 
to  punishment  by  another  court.  11- 
1037. 

Kestitution  of  property  received  under 
judgment  as  enforceable  by  contempt 
proceedings.     1913E-1004. 

3.     Conduct  Amoimting  to  Contempt. 

Appellate  court,  removal  or  destruction 
of  subject  matter  of  litigation  pend- 
ing appeal  as  contempt  of  appellate 
court.     1912A-516. 

Attempt  to  deceive  court  as  constituting 
contempt.     1912B-1310. 

Attorney  practicing  law  without  license 
as   contempt.     1917B-1200. 

Bankrupt,  failure  to  turn  over  property 
as   contempt.     20-889. 

Briefs,  scandalous  or  disrespectful  lan- 
guage incorporated  in  brief  as  eon- 
tempt   of   court.     9-168. 

Divorce,  remarrying  in  foreign  jurisdic- 
tion after  decree  of  divorce  forbid- 
ding remarrying  as  contempt  of 
court.     1914A-1175. 

Drunkenness  in  presence  of  court  as  con- 
tempt.    1913B-282. 

Fighting  in  court  as  contempt.  1912A- 
581. 

Grand  jury,  criticism  of  grand  jury  as 
contempt    of    court.     1912A-165. 


CONTEMPT — Continued. 

— disclosure  by  grand  juror  of  proceed- 
ings of  grand  jury  as  constituting 
contempt.     15—257. 

Injunction,  dissolution,  right  to  punish 
violation    thereafter.     1915D-1010. 

— illegal  order,  disobedience  as  contempt. 
1-121. 

— violation  by  person  not  party  to  suit 
as    criminal    contempt.     3-28;    20-118. 

Judge  in  performance  of  ministerial 
duties,  publication  or  statement  re- 
flecting on  as  contempt.     15-658. 

Jury  tampering,  attempt  to  bribe  or  in- 
fluence juror  as  contempt.     15-747. 

Obstruction  of  process,  aiding,  procuring 
or  advising  disobedience  to  subpoena 
as   contempt.     18-319. 

— evading  service  of  subpoena  as  con- 
tempt.    1916E-264. 

— service  or  execution  of  process,  ob- 
structing or  delaying  as  contempt. 
1913A-909. 

Publication  of  evidence  taken  in  suit 
heard  in  camera  as  contempt. 
1912B-542. 

• — pendency  of  cause  as  essential  element 
of  contempt  by  publication  in  news- 
paper.    3-763;  18-664. 

Sheriff,  permitting  lynching  of  prisoner 
as  punishable   contempt.     19-891. 

Witnesses,  disobedience  of  rule  excluding 
witnesses  from  courtroom  as  con- 
tempt.    9-371. 

> — evading  service  of  subpoena  as  con- 
tempt.    1916E-264. 

• — power  of  magistrate  or  justice  of  peace 
to  punish  witness  for  contempt.  9- 
316. 

4r.    Defenses. 

Disclaimer  of  intent  as  defense  to  charge 
of  contempt  by  newspaper  publica- 
tion.    13-503. 

Good  motive  of  person  enjoined  as  de- 
fense to  liability  for  breach  of  in- 
junction.    1913D-375. 

Inability  to  comply  with  order  or  decree 
as  defense  to  charge.     15-943. 

Purgation  by   oath   of   denial.     8-267. 

Truth  of  newspaper  publication  as  jus- 
tification or  defense  to  charge.  10- 
692. 


182    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CONTEMPT— Continued. 

5.    Procedure. 

Generdlh/. 

AflSdavit  on  information  and  belief,  suffi- 
ciency to  support  proceedings.  14- 
1042;    1916B-959. 

Constructive  contempt,  proof  in  prosecu- 
tion   for.     4-183;    8-267;    11-532. 

Costs  and  counsel  fees,  imposition  in 
contempt  proceeding.     1913B-565. 

Cruel  and  unusual  punishment  for  con- 
tempt, what  constitutes.  19-731; 
1918B-398. 

Federal  court  procedure  in  contempt. 
1915D-1048. 

— limitation  of  time  to  institute  contempt 

proceeding.     1915D-1052. 
— newspaper  publication,  power  of  federal 

court  to  punish.     1917C-1093. 
— review  of  contempt  proceeding.    1915D- 

1060. 

Findings  of  fact  in  proceeding,  duty  of 
court  to   make.     1913A-957. 

Hearing,  necessity  for  allowance  before 
imposition  of  punishment.  1916A- 
727. 

Imprisonment,    enforcement    of    fine    im- 
posed  by   imprisonment.     1912D-1339. 
— term  for  civil  contempt.     6-535. 

— woman,  imprisonment  as  violation  of 
constitutional  or  statutory  provision 
against  imprisonment  for  debt.  8- 
56. 

Jury  trial,  right  to  in  contempt  proceed- 
ings.    1913D-458. 

Eight  of  accused  to  be  present  in  court 
when  sentenced  for  contempt.  11- 
813. 

Beview. 

Appealability  of  judgments  under  appeal 
statutes.     3-759,  1050;  17-321. 

Certiorari  to  review  proceedings.  1914D- 
216. 

Habeas  corpus  proceedings  as  mode  of  re- 
view of  error  in  commitment.  11- 
1056. 

Judgment  after  final  decree  in  cause  as 
reviewable  on  appeal  from  such  de- 
cree.    1915B-1069. 


CONTEMPT— Continued. 

6.    Disabilities   of   Contenmor. 

Crime  for  conviction  of  which  witness 
may  be  impeached,  contempt  as. 
1916A-276. 

Disabilities  of  person  in  contempt  of 
court.     2-463;    8-841;    21-453. 


7.    Liability  for  Exercise  of  Power. 

Judge,  civil  liability  for  false  imprison- 
ment in  arrest  and  commitment  for 
contempt.     4-330. 

Justice  of  peace,  civil  liability  for  arrest 
and  commitment  for  contempt. 
1914C-1167. 


CONTENTS. 

Meaning  of  term  as  used  in  will  in  con- 
nection with  property  bequeathed  or 
devised.     1916C-1139. 


CONTESTS. 

See  Elections;  Wills. 

CONTIGUOUS. 

Meaning  of  term.     1918E-798. 

CONTINGENCY. 

Contract    dependent    on  contingency    for 

performance    within  year    as    within 

statute     of     frauds.  4-174;     1916E- 
1136. 

CONTINGENT  ADVAN- 
TAGE. 

Element   of  compensation  in   eminent  do- 
main.    1914B-512. 


CONTINGENT     CLAIMS. 

Validity  of  conveyance  as  against  cred- 
itor holding  contingent  claim. 
1914D-764. 


CONTINGENT  REMAINDERS. 

See  Bemainders  and  Beverslons. 


CONTINUANCE— CONTRACTORS. 


183 


CONTINUANCE. 


CONTRABAND  OF  WAR. 


Absence    of    counsel    as    ground    for    con-      Persons,  inclusion  as   contraband  of  war. 
tinuance   of   trial.     1913C-431.  15-241. 


Alien  enemy,  right  to  continue  snit. 
1917C-207,  227;   1918C-720. 

Amendment  lOf  pleading  as  ground. 
1914A-1268. 

Criminal  case,  avoiding  continuance  by 
admitting  proposed  testimony  of  ab- 
sent witness.     1913C-488. 

— diligence  in  taking  deposition  for  de- 
fense as  affecting  right.  1916A- 
1089,  1108. 

— prejudicial  newspaper  publication  as 
ground.     1918A-449. 

Divor<;e    cases.     1914B-359;    1918B-1087. 

Garnishment,  pendency  as  working  sus- 
pension or  continuance  of  subsequent 
action  against  garnishee  by  principal 
defendant.     9-479. 

Terms,  imposition  on  granting.  1913A- 
306. 

Time  as  computed  by  exclusion  or  inclu- 
sion of  Sunday  or  holiday.  1917E- 
938. 


CONTINUING  GUARANTY. 

See  Guaranty. 


CONTINUING  OFFENSES. 

Eecovery    of    cumulative    penalties    under 
penal    statute.     1912A-820. 


CONTINUING  TRESPASS. 

Injunction  as  remedy  for  continuing  or  re- 
peated trespass.     15-1235. 


CONTINUOUS    PUBLICA- 
TION. 

Publication  of  notice  under  requirement 
of  certain  number  of  days  as  re- 
quiring continuous  publication. 
1912B-1276. 


CONTINUOUS  SERVICE. 

See  Master  and  Servant. 


CONTRACT  LABORER. 

Workman    within    English    Compensation 
Act.     1913C-30. 


CONTRACTORS. 

See  Assignments;  Building  and  Working 
Contracts;  Independent  Contractors; 
Mechanics'  Liens. 

Attachment  at  suit  of  creditor,  of  ma- 
terials furnished  to  be  used  in  con- 
struction  of  building.     1913A-876. 

Bond    of    property    owner,    right    of    one 

furnishing    labor    or    material    to    sue 

on.     1916A-754,    767,    773. 
— loan   of   money  to   contractor  as   giving 

right     to     recovery     on     contractor's 

bond.     1918D-351. 

Building  contract,  right  to  rescind  for 
failure  of  owner  to  make  payment. 
1916C-54. 

Contribution  against  contractor  by  owner 
•who  has  responded  in  damages  for 
negligence   of   contractor.     2—530. 

Default  of  contractor  as  affecting  lien  of 
subcontractor,  materialman  or  work- 
man.    17-116. 

Extra  work  ordered  by  architect,  but  not 
ordered  in  express  manner  provided 
by  working  contract,  right  to  recover 
for.     7-213;  17-81. 

Insurable  interest  in  building  under  con- 
struction.    1915B-1099. 

Logger's    lien    for    services.     1916C-202. 

Mechanic's  lien,  foreclosure,  principal 
contractor  as  necessary  or  proper 
party.     1918B-6,  41. 

— statute  giving  laborers  liens  as  includ- 
ing contractors.  1913B-139;  1915D- 
931. 

Negligence  in  construction,  liability  of 
contractor    to    third    persons.     1-756. 

Public  improvements,  failure  to  comply 
with  contract  as  affecting  right  to 
recover  from  municipality.  1912D- 
419. 

•—interference  with  pipes  laid  under 
street,  liability  of  contractor.  6- 
390. 


184    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CONTRACTS. 

1.  In  General. 

2.  Capacity   or  Authority   to   Make. 

3.  Formation. 

4.  Conflict  of  Laws. 

5.  Consideration. 

6.  Construction. 

7.  Validity. 

8.  Implied  Contracts. 

9.  Excuses  for  Nonperformance. 

10.  Remedies  of  Parties. 

11.  Damages. 

12.  Impairment    of     Obligation     of    Con- 

tracts. 

13.  Public  Contracta 

1.    In  General. 

Affirmance  of  fraudulent  contract,  what 
constitutes.     1-912. 

Agency,  contract  involving  personal  trust 
and  confidence  in  agent,  right  of 
undisclosed  principal  to  enforce. 
15-238;  1912C-907. 

— ^liability  of  agent  on  his  unauthorized 
contract.     3-219;    1915D-722. 

— right  of  agent  of  undisclosed  princi- 
pal to  sue  on  contract  in  own  name. 
6-556;   1917A-454. 

— usurious  contract  by  agent  as  binding 
principal.     1916C-327. 

Alien  enemies,  contract  rights.  191 7C- 
195,  232;   1918C-713;  1918D-601. 

Alteration  of  instruments,  detaching  con- 
tract or  memorandum  attached  to 
promissory    note,    effect.     1917E-603. 

Amusement  contracts.  1914B-2;  1917C- 
391. 

Arbitration  and  award,  contract  provid- 
ing for  arbitration,  power  and  duty 
of  court  where  arbitration  proves 
abortive.     1914D-486. 

Assignment,  contract  not  to  engage  in 
similar  business,  assignability.  16- 
261. 

— element  of  personal  trust  and  confi- 
dence as  affecting  assignability  of 
executory  contract.  1-853;  15-370; 
1915D-291. 

— misrepresentation  of  party  to  contract 
as  available  to  assignee.  1912A- 
1124. 


CONTEACTS— Continued. 

— municipal  contract,  validity  and  en- 
forceability of  provision  forbidding 
assignment.     1912A-363. 

— partial  assignment  of  judgment,  va- 
lidity  and    eflfect.     1913E-483. 

f— real  property  contract  of  sale,  validity 
and  enforceability  of  restriction 
against  assignment.     1913A-229. 

Associations,  personal  liability  of  member 
of  unincorporated  association  on  con- 
tract made  by  or  on  behalf  of  asso- 
ciation.    21-1088;    1916A-853. 

Attorneys,  abandonment  of  contract  of 
employment.     1912D-640. 

— express  contract  for  compensation,  re- 
fusal of  court  to  enforce  as  unreason- 
able.    1914B-983. 

' — ^lien  of  attorney  on  contract  in  his  pos- 
session in  connection  with  litigation. 
1917D-149. 

Automobile  sales  agency  contracts,  nature 
and    construction.     1917E-568,    581. 

Blanks,  implied  authority  to  fill  blanks 
so  as  to  complete  signed  instrument. 
1912B-1010. 

Building  and  loan  associations,  avoidance 
of  contract  on  ground  of  fraud. 
1917A-890. 

Carriers,  statute  regulating  contracts  as 
interference  with  interstate  com- 
merce.    1917A-973. 

Corporations,  action  by  directors  as  neces- 
sity to  validation  of  corporate  act. 
1912C-300. 

— corporate  contract  other  than  negotia- 
ble paper,  liability  of  officer  of  cor- 
poration.    1913B-902. 

• — negotiable  paper,  liability  of  persoa 
signing  as  officer  of  corporation.  6- 
1000. 

— promoters'  contracts,  liability  of  cor- 
poration to  third  persons.  8-262; 
1916C-105. 

Cropper's  contract,  effect  of  abandonment 
on   rights  of   parties.     1915A-1114. 

Dower,  release  by  express  contract  with 
husband,  right  of  woman.  1917A- 
48. 

Escrow,  necessity  for  actual  contract  be- 
tween parties  to  constitute  escrow. 
1912B-1343. 

Executors  and  administrators,  contract  of 
executor    de    son    tort    as    binding    on 


CONTRACTS. 


185 


CONTRACTS— Continn  ed 

rightful  personal  representative. 
1914A-267. 
— new  consideration  for  original  contract 
of  decedent,  individual  liability  of 
personal  representatives.  1-769;  18- 
292. 

False  representations  inducing  perform- 
ance of  contract  as  constituting  pre- 
judice or  damage.     20-180. 

Fire    insurance,    binding    slip    or    receipt, 

effect     as     fire     insurance     contract. 

1914C-336. 
— insurer's    election    to    repair    or    rebuild 

after    fire    loss    as    constituting    new 

contract.     16-105. 

Foreign  corporation,  contract,  as  affected 
by  noncompliance  with  domestic  stat- 
utes.    2-63;    13-512;    1914A-702. 

— right  to  enforce  domestic  contract  in 
absence  of  compliance  with  statutes. 
9-338. 

Frauds,  statute  of,  duration  of  contract 
contingent  on  future  event  affecting 
performance  within  year  as  affecting 
validity  under  statute  of  frauds. 
1916E-1138. 

— oral  contract  within  statute  of  frauds 
as  ground  of  defense  to  action  on 
contract.     11-479. 

Indemnity  contract,  bond  to  indemnify 
bail,  negligence  of  bail  as  releasing 
surety.     1913E-455. 

— necessity  of  actual  damage  before  re- 
covery on  indemnity  contract. 
1913D-1152. 

Infants,  covenant  in  apprenticeship  deed, 
liability   of   infant   on.     20-779. 

— disaflSrmance  of  contract  after  ma- 
jority, what  constitutes  reasonable 
time.     1917D-413. 

—instruction  or  education,  contract  there- 
for as  contract  for  necessaries.  8- 
131;   20-593. 

— marriage  settlement,  right  of  infant 
to   disaffirm  after  majority.     12-861. 

— necessaries,  right  of  infant  to  dis- 
affirm contract  for.  4-222;  1914C- 
239. 

— purchase  of  property,  right  of  infant 
on  disaffirmance  to  recover  amount 
paid  by  him.     16-524. 

— repudiation  of  contract  for  services, 
right  of  infant  to  recover  on  con- 
tract.    1916E-261. 


CONTEACTS— Continued. 

— tort  connected  with  or.  growing  out  of 
contract,  liability  of  infant.  1913A- 
970. 

Insurance,  advertisement,  illustration  or 
the  like,  as  part  of  insurance  con- 
tract.    1918E-889. 

— agreement  discriminating  in  favor  of 
insured  as  against  other  policy- 
holders, validity,  18-759;  191 8D- 
504. 

— burial  contract  as  insurance  contract. 
1916C-1016. 

— consummation  of  insurance  contract, 
when  consummated.  9-220;  21-796; 
1916B-676. 

— divisibility  of  insurance  contract.  2- 
22;   11-805;   1912C-989. 

— oral  contract  of  insurance,  validity. 
6-624. 

— what  is  insurance  contract.  1912D- 
1027;    1916C-1022. 

Interference  with  contract  relations,  civil 
liability.  2-441;  3-741;  4-1026;  8- 
889;  9-706;  11-337;  1912B-1162; 
1915A-708;  1915D-522;  1916E^608; 
1918B-478. 

Liberty  of  press  as  restrainable  by  con- 
tract.    15-4. 

Life  insurance,  anticipatory  breach  of 
contract,  right  to  sue  for  damages. 
9-665;    12-38. 

— binding  slip  or  receipt,  effect  as  life 
insurance  contract.     1915B-657. 

— policy  as  mere  contract  of  indemnity. 
1913D-610. 

Master  and  servant,  contract  of  hiring 
for  indefinite  time,  duration  of  con- 
tract.    8-280;  1913D-218. 

— death  during  term  as  affecting  rights 
and  liabilities  of  parties  to  contract 
of    employment.     17-182. 

— ^enticing  away  servant,  liability  to  em- 
ployer.    2-442;     11-337;    1912B-1162. 

— profit-sharing  agreements  between  em- 
ployer  and   employee.     1914A-797. 

— termination  of  contract  of  employment, 
right  where  no  stipulation  as  to 
duration.     20-1104. 

—time  as  essence  of  contract  to  enter 
employment    of    another.     1918D-756. 

Negligence,  priority  of  contract  as  an  ele- 
ment of  actionable  negligence.  1- 
755. 


186    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CONTEACTS — Continued. 

Eailroad  contracts,  state  regulation  as 
interference  with  interstate  com- 
merce.    1917A-990. 

Eeceivers,  duty  and  power  as  to  existing 
contracts.     1912C-949. 

Bestraint  of  trade,"  carrying  on  similar 
business  within  prescribed  limits, 
what  constitutes  within  covenant  not 
to    carry   on.     1915A-381. 

* — competition  by  servant  in  similar  busi- 
ness as  master  after  termination  of 
employment,  validity  of  contract  re- 
straining.    8-155;    1914A-500. 

— contract  not  to  engage  in  particular 
business,  validity  where  time  is  un- 
limited.    16-254. 

— exclusive  interchange  of  business  be- 
tween public  service  corporations, 
validity  of  contract  therefor.  1914B- 
262. 

— injunction  as  remedy  for  breach  of 
covenant  not  to  engage  in  same 
business  as  covenantee.  15-692; 
1916C-187. 

— ^measure  of  damages  for  breach  of 
agreement  by  seller  of  business  not 
to  enter  business  in  competition  with 
buyer.     1914A-1153, 

• — ^price  fixing  for  specified  commodities, 
validity  of  contract  between  dealers 
fixing  prices  to  be  paid  by  them. 
1912D-934. 

— ^public  service  corporations,  contract  be- 
tween them  to  fix  prices  or  rates  or 
divide  trade  or  territory,  validity. 
6-157;    9-677. 

— resale  of  commodities,  right  of  original 
vendor    to    control    price.     1916A-81. 

—sale  of  goods  to  third  persons  during 
spjecified  term,  validity  of  contract 
not  to  sell.     7-55. 

— test  of  legality  of  combinations  in  re- 
straint of  trade.  2-339,  951;  7-55; 
9-677,  906. 

— ^whole  state  or  country  covered  by  con- 
tract in  restraint  of  trade,  validity. 
20-661;    1914D-631. 

Rewards,  knowledge  of  offer  as  neces- 
sary  element   of   contract.     1-285. 

Sham  contract,  admissibility  of  parol  to 
show  that  purported  contract  is 
shown.     19-1025. 

Suretyship,  incapacity  of  principal  or  il- 
legality  of  contract   as   affecting  lia- 


CONTRACTS— Continued. 

bility     of     surety     thereon.     17-1184; 
1186'. 

Theatrical  performer,  validity  of  contract 
for  services.     1914B-2. 

Time  for  performance  of  act  under  con- 
tract, exclusion  or  inclusion  of  Sun- 
day or  holiday  in  computation. 
19i7E-945,    949. 

— solar  or  standard  time  as  governing 
contracts.     9-329. 

United  States,  rights  with  respect  to 
annulment,  suspension  or  modification 
of  contract  or  additional  compensa- 
tion  therefor.     1918E-5,   34,  36. 


2.    Capacity  or  Authority  to  Make. 

Convicts,  capacity  to  make  contract. 
1916D-225. 

Corporate  contract,  mental  incapacity  of 
oflScer  of  corporation  executing  con- 
tract as  giving  corporation  right  to 
avoid.    21-617. 

Counties,  contract  to  search  for  property 
omitted  from  taxation,  power  to 
make.     4-140;   11-487. 

— power  of  commissioners  to  make  con- 
tract extending  beyond  term  of 
office.     12-988, 

Deaf  mutes,  contractual  capacity  of. 
14-53. 

Implied  authority  of  officers,  agents  or 
servants  to  contract  for  medical, 
surgical  or  other  attendance  or  sup- 
plies for  sick  or  injured  persons. 
3-570;   1912C-474. 

Infants,  consent  to  issuance  of  liquor 
license,  power  of  infant  to  give. 
1916C-497. 

Insane  persons,  contract  of  lunatic  exe- 
cuted before  adjudication  of  insanity, 
validity.     1914D-867. 

Intoxication  of  contracting  party,  degree 
necessary  to  invalidate  contract.  8- 
254;   21-1109. 

Marriage  capacity  and  general  contract 
capacity    contrasted.     1913B-1238. 

Opinion  evidence  as  to  mental  capacity 
of  party  to  execute  contract.     4-888. 

Partnership  contract  by  firm  which  has 
failed  to  comply  with  statute  regu- 
lating doing  of  business,  validity. 
1913C-7C0. 


CONTRACTS. 


187 


OONTEACTS — Continued. 

Release  of  claim  for  personal  injuries  aa 
affected  by  mental  incapacity  of  re- 
leasor.    3-574. 

Suicide  as  evidence  of  mental  incapacity 
to    make   contract.     1912A-46. 

Testamentary  and  contractual  capacity 
contrasted.     1915A-362. 


3.    Formation. 

Acceptance  of  offer  once  rejected  as  con- 
summating contract.     1917C-987. 

Employers'  liability  insurance,  binding 
slip  or  receipt,  effect  as  insurance 
contract.     1918C-375.. 

Insurance  contract,  when  consummated. 
9-220;  21-796;   1916B-676. 

Militia,  enlistment  in  militia  as  contract. 
1917B-244. 

Offer  to  better  any  other  bid  received  as 
legal  bid.     1915C-1011. 

Eeierence  by  contracting  parties  to  fu- 
ture contract  in  writing  as  negativ- 
ing existence  of  present  contract. 
1912B-130. 

Sealed  instruments,  effect  of  affixing  seal 
without  recital  respecting  sealing. 
19-677. 

Telephonic  conversation,  sufficiency  as 
basis  of  contract  agreement.  1917B- 
907. 

Time  when  contract  consisting  of  letters 
or  telegrams  showing  offer  and  un- 
conditional acceptance  is  complete. 
6-378. 


4.     Conflict   of   Laws. 

Contracts  governed  by  laws  of  place  of 
performance.     1-88. 

Gambling  contracts  and  collateral  agree- 
ments, law  governing  validity.  17- 
48. 

Insurance  contract,  law  governing. 
1913B-920. 

Passenger  tickets,  place  of  contract  on 
purchase    of    ticket.     19120-542, 

Place    of    payment    under    contract  not 

specifying    place    where    parties  are 

residents      of      different      states  or 
countries.     1912D-1014. 


CONTRACTS — Continued. 

5.    Consideration. 

Agent's  sale  to  himself,  effect  of  ade- 
quacy of  consideration  on  validity  of 
sale.     1912A-1175. 

Agreement  waiving  right  to  appeal,  neces- 
sity of  consideration.     19-1058. 

Bills  and  notes,  partial  failure  of  con- 
sideration as  defense  to  action  on. 
2-430. 

— note  given  for  past  services  rendered 
by  one  member  of  family  to  another, 
enforceability.     1913A-865. 

Deeds,  recital  of  consideration  in  deed  as 
evidence.     1915A-97. 

Discontinuance  of  bastardy  proceedings 
as  consideration  for  contract.     2-493. 

Failure  or  want  of  consideration,  estoppel 
to  set  up  by  giving  renewal  note. 
1916A-826. 

Forbearance  as  sufficient  con.sideration 
for   guaranty   contract.     1916A-970. 

Frauds,  statute  of,  necessity  of  state- 
ment of  consideration  in  contracts 
within    statute.     3-656. 

Gambling  debt,  forbearance  to  sue  as 
new  consideration  permitting  re- 
covery.    14-249. 

Inadequacy  of  consideration  as  ground 
for  denying  specific  performance. 
12-122. 

Mortgages,  agreement  by  mortgagor  to 
convey  mortgaged  premises  to  mort- 
gagee in  consideration  of  release 
from  liability  under  mortgage. 
1913C-1243. 

One  dollar,  recital  in  instrument  as  suffi- 
cient valuable  consideration.  1912B- 
363. 

Partial  failure,  right  to  show  under  plea 
of  total  failure  of  consideration. 
1914B-758. 

Privilege  of  naming  child  as  valid  con- 
sideration   for    contract.     11-482. 

Suretyship,  consideration  for  contract, 
extension  of  time  for  payment  of 
debt   as  sufficient.     1918C-576. 

Unenforceable  contract  under  statute  of 
frauds  as  consideration  for  new  con- 
tract.    19-1182. 


188    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CONTEACTS — Continued. 

6.    Construction. 

"About,"  meaning  when  used  with  refer- 
ence  to  time.     17-742. 

— when  used  with  reference  to  quantity. 
1918D-693. 

"Absolute,"  meaning  as  applied  to  duty 
or   liability.     1916B-296. 

Animals,  formation  and  interpretation  of 
contract  for  service  of  breeding  ani- 
mal.    1916A-'575. 

"Assign"  or  "assignee,"  meaning  of  word. 
1913B-734. 

Burglary  insurance,  construction  of  con- 
tract.    1913C-1177. 

"Carriage"  as  including  automobile, 
1913B-7o7. 

Carrier  of  goods,  agreement  to  furnish 
cars  to  s'hipper  as  binding  contract. 
12-885. 

"Company,"  word  in  contract  as  import- 
ing corporation.     1912A-969. 

Contemporaneous  written  instrument  in- 
tended to  control  bill  or  note,  con- 
struction of  instruments  together.  5- 
149. 

"Damage  by  elements"  or  similar  phrase 
as   used   in   contract.     1917B-296. 

"Estimate,"  "estimated,"  "estimation," 
meaning   of   terms.     1913B-850. 

"Etc.,"    legal   meaning.     1912C-172. 

"Furnish,"  "furnished,"  "furnishing," 
meaning  of   terms.     1913A-1235. 

Grammatical  construction  of  contracts. 
6-55. 

Intention  of  parties  to  contract  not  re- 
duced to  writing  as  question  for  jury. 
1913C-1310. 

Interdependent  instruments,  construction 
of.     5-149. 

"More  or  less,"  meaning  as  occurring  in 
personal    property    contracts.     12-294. 

Oral  agreement  supplementing  written, 
admissibility  of  oral  proof.  2-146; 
1914A-454. 

Preliminary  negotiations  as  aid  to  con- 
struction  of   instrument.     18-257. 

"Prorate,"  "prorata,"  legal  meaning. 
1918C-792. 

"Require,"  legal  meaning  of  word.  1912A- 
1232. 


CONTRACTS— Continued. 

Rule  of  construction  that  language  used 
by  promisor  is  to  be  construed  as 
promisor  thought  it  to  be  understood 
by   promisee.     12-392. 

"Similar,"  meaning  of  word  in  contract. 
18-792. 

Steam  supply,  construction  of  contract 
to    furnish    steam.     1915D-848. 

"Timber,"    meaning    of    term.     19-1052. 

"Vicinity,"  meaning  of  term  used  in  con- 
tract.    18-737. 

"Written  matter  as  controlling  printed 
matter.     1913E-961. 


7.    Validity. 

Generally. 

Abutting  owner's  contract  transferring 
rights  in  street,  validity  and  effect. 
1912A-1179. 

Adoption  of  children,  validity  of  contract 
when  not  conforming  with  statutes. 
12-144;    1916D-1110. 

Agency,  illegal  contracts  as  to  compensa- 
tion by  agents  of  vendor  or  vendee. 
1-573;    1917A-511. 

Antenuptial  contract,  effect  of  partial  in- 
validity.    1918B-295. 

Attorneys,  compensation  of  attorney, 
validity  of  contract  after  fiduciary 
relation    established.     1917A-531. 

— ^legality  of  agreement  of  attorney  to 
test  validity  of  statute  or  to  attempt 
to    prevent    enforcement.     1913A-126. 

• — procurement  of  legal  business,  validity 
of  attorney's  contract  with  third  per- 
son therefor.     2-836;    17-690: 

— settlement  of  litigation  by  client  with- 
out consent  of  attorney,  validity  of 
contract  between  them  prohibiting 
client.     13^44;  1913D-306. 

— solicitation  of  business  as  forfeiture 
of  right  to  compensation  therefor. 
1917C-872. 

Bids  at  tax  sale,  validity  of  combination 
between    bidders.     1913D-962. 

— contract  to  prevent  bidding  at  judicial 
sale.     1917D-232. 

Bills  and  notes,  attorney's  fee  in  promis- 
sory note,  validity  of  stipulation. 
19iVd-365. 

— negotiable  contract  void  by  statute  be- 
tween    original    parties,     validity     in 


CONTRACTS. 


189 


CONTRACTS— Continued. 

tands     of    bona    fide    holder.     4-343; 
11-1181. 

Blacklisting  agreement,  legality  of.  1- 
474;  1917A-644. 

Carrier's  contract  to  carry  goods  at  dis- 
criminating rate  fixed  by  mistake, 
validity  and  enforceability.  16-455; 
1918E-^58. 

Claims,  collection,  settlement  or  compro- 
mise of  claim  for  commission,  valid- 
ity of  agreement  by  person  other 
than  attorney.     1918A-797. 

Compounding  offenses,  agreement  not  to 
prosecute  criminally  made  as  consid- 
eration for  contract  to  secure  exist- 
ing indebtedness  between  parties, 
validity.     15-310. 

— compensation  for  stolen  property,  valid- 
ity of  agreement  to  procure.  7-1010; 
1914A-519. 

— compromise  of  action  for  criminal  con- 
versation,   validity.     1913A-705. 

— friend's  or  relative's  contract  induced 
by  threats  of  criminal  prosecution  of 
relative  other  than  parent,  child  or 
spouse,  validity  and  effect.  1917C- 
1033. 

— parent's  or  child's  contract  induced  by 
threats  of  criminal  prosecution 
against  other.     1917C-1026. 

— wife's  contract  induced  by  threats  of 
criminal  prosecution  of  husband, 
validity    and   effect.     11-385, 

Compromise  of  illegal  contract,  enforce- 
ability of  agreement.     11-612. 

Corporations,    contract   in    excess    of    debt 

limit,    validity.     1918B-966. 
— nonassessability    of    stock,    validity    of 

agreement    between    corporation,    and 

stockholder.     1915A-821. 

— repurchase  of  stock  on  demand,  validity 
of  agreement  by  seller  to  repurchase. 
1918I>-744. 

— stock  voting  agreements.  14-938;  21- 
1297;   1913A-366;    1915D-800. 

Divorce,  validity  of  contract  intended  to 
facilitate  procuring  of  divorce.  11- 
377;   1915A-811;   1918E-902. 

Editorial  comment  in  newspaper,  validity 
of  contract  to  purchase.     15-42. 

Elections,  contract  designed  to  influence 
public  election.     1917C-350. 

Employers'  liability  insurance,  validity 
of  contract  provision  giving  insurer 
control   of   settlement.     1918C-405. 


CONTRACTS— Continued. 

Endless  chain  or  Bohemian  oats  contract, 
validity  and  enforceability.  1918D- 
476, 

Endowment  insurance  contract,  validity, 
1915C-948. 

Evidence,  validity  of  contract  making  cer- 
tain state  of  facts  prima  facie  or  con- 
clusive  evidence.     1916B-690. 

Expectancy,  relinquishment  in  considera- 
tion of  advancement,  validity  and 
effect  of  agreement  by  heir.     17-725. 

— release  by  heir  to  ancestor,  validity. 
1913B-451. 

— validity  of  transfer  made  by  heir  or 
beneficiary    to    stranger.     1916E-1241. 

Fire  insurance,  validity  of  condition 
avoiding  policy  on  foreclosure  of 
mortgage.     16-664. 

Foreign  corporation,  effect  of  its  non- 
compliance with  domestic  statutes'. 
2-63;    13-512;    1914A-702. 

Futures,  sale  of  property  for  future  de- 
livery where  one  party  only  intends 
delivery,  as  gambling  contract,  11- 
440. 

Guarantor's .  liability  as  dependent  on 
validity  of   contract.     1914C-556, 

Incentive  to  crime,  validity  of  contract 
that  may  furnish.     19-133. 

Indemnity  from  principal  to  sureties  on 
bail  bond,  validity  of  contract,  16- 
1036. 

Insurance  of  automobile  owner  against 
liability,  validity.     1915A-635. 

Interest  provision  other  than  one  fixing 
usurious     rate,     validity.     1918E-747. 

Intoxicated  person,  contract  entered  into 
as  void   or  voidable.     1918E-330. 

Intoxicating  liquors,  validity  of  sale  of 
liquors  where  seller  knows  same  will 
be  illegally  resold.  3-154;  15-269; 
1918B-978. 

Tjabor  union  and  employer  contracting  for 
exclusive  hire  of  members  of  former, 
validity.     5-285;     21-213;     1915C-8I3. 

Lateral  support,  validity  and  construc- 
tion of  express  contract  not  to  de- 
stroy   lateral    support.     1915B-1282. 

Life  insurance,  selection  by  insured  of 
beneficiary  not  having  insurable  in- 
terest in  life  of  former  as  against 
public   policy.     1916C-587. 


190    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CONTRACTS — Continued. 

Limitation  of  actions,  validity  of  written 
contract  waiving  benefit  of  statute. 
1916A-686. 

Marriage,  contract  made  to  induce  mar- 
riage between  third  persons,  validity. 
1918C-820. 

— marriage  brokerage  contracts.     1-696. 

— restraint  of  marriage,  legality  of  eon- 
tracts  in  restraint.     4-732;  10-572. 

Married  woman's  contract  invalid  for 
want  of  acknowledgment  or  defective 
acknowledgment,  rights  of  parties. 
1918E-631,   648. 

Monopolies,  collateral  contracts  by 
monopoly  or  corporate  trust,  valid- 
ity and  enforceability.  8-892;  1912A- 
1027;    1916A-122. 

Municipal  contract  forbidding  assignment 
thereof,    validity.     1912A-363. 

Pardon  or  parole,  validity  of  contract  to 
procure.     1917D-890. 

Parent  and  child,  contract  by  parent  for 
services  of  minor  child  as  binding  lat- 
ter.    1918B-827. 

— custody  of  child,  validity  of  parent's 
contract  transferring  custody.  6-939; 
11-217;  1913B-886. 

Procurement  of  legislation,  compensation 
contingent  on  procuring,  validity  of 
contract   therefor.     6-218;    1916E-948. 

— validity  of  contract  requiring  procure- 
ment as  incident  to  full  performance 
of    contract.     16-850. 

Procuring  testimony,  legality  of  contract 
to  procure  testimony.  13-212;  1912A- 
657;'1914C-454. 

Public  oflScers,  appointment  to  public 
office,  validity  of  contract  tending  to 
influence.     7-874. 

— compensation,  validity  of  agreement  of 
public  officer  to  serve  for  less  than 
compensation   fixed   by  law.     19-1075. 

— contract  by  public  officer  with  himself 
individually,  validity.     1912A-867. 

— deputy's  compensation,  validity  of  con- 
tract by  public  officer  with  deputy. 
'  1913A-904. 

— division  of  salary  or  fees,  validity  of 
contract  of  public  officer.  1914D-820; 
1918E-294. 

Public  policy,  province  of  court  or  of 
jury  to  determine  whether  contract 
is   contrary   to.     11-124. 


CONTBACTS — Continued. 

Railroads,  erection  and  maintenance  of 
station,  validity  of  contract  as  de- 
pendent upon  restricting  location  of 
other  stations.  14-441;  1914A-285; 
1915D-277. 

— exclusive  privileges  on  depot  grounds, 
right  of  railroad  company  to  grant. 
1918A-702. 

— location  of  railroad,  validity  of  eon- 
tract.     15-637. 

— traffic  contract  between  railroads  which 
impairs  ability  to  serve  public,  valid- 
ity.    1915C-465. 

Ratification  of  contract  voidable  for 
duress.     1913E-438. 

Release  of  damages  for  personal  in- 
juries given  in  consideration  of  re- 
employment of  releasor,  validity.  4- 
647;   1916E-175. 

Services  rendered  by  person  living  in 
meretricious  relations,  right  of  re- 
covery under  express  and  implied 
contracts.     1916B-114. 

Statutes,  legal  contract  as  affected  by 
subsequent  statute  making  same  ille- 
gal.    10-424. 

—repeal  of  statutory  or  constitutional 
provision  rendering  contract  void, 
effect   on  contract.     1913C-1398. 

Subscription  agreement,  validity  as  de- 
pending on  designation  or  existence 
of  payee.     1913B-241. 

Sundays,  contract  completed  on  secular 
day  where  preliminary  negotiations 
are  conducted  on  Sunday,  validity. 
20-36. 

— estoppel  as  applicable  to  rights  of  par- 
ties under  void  Sunday  contract. 
1916E-467. 

— execution  of  contract  on  Sunday  by  one 
party  without  knowledge  of  other, 
validity.     16-632. 

— "labor"  or  "labor  or  work"  in  Sunday 
laws  as  including  execution  of  in- 
struments.    1913D-797. 

— ratification  of  void  contract  made  on 
Sunday.     7-634;  1912A-293. 

Usury  in  original  contract  as  effecting 
validity  of  renewal  contr-act.  1918A- 
753,  769. 

Violation  of  statute,  validity  of  contracts 
in    violation.     1-333;    11-664. 

Voting  contest,  fraud  of  promoter  of  vot- 
ing   or   guessing    contest.     1918C-750. 


CONTRACTS. 


191 


OONTEACTS— Continuca. 

Wills,   agreement  to   make   contest,  valid- 
j         ity.     15-300. 

— change  of  will,  validity  of  contract  not 
to  change.     1916D-1160. 

— dispensing  with  probate,  validity  of 
agreement  by  parties  interested.  15— 
742;  1918E-1218. 

— refraining  from  contest,  validity  of 
contract  to  refrain.  15-303;  1914D- 
512. 

Limitation   of  Liability. 

Carriers  of  goods,  presentation  of  claim, 
validity  of  contract  stipulation  limit- 
ing time  to  present  claim  against  car- 
rier of  goods  or  livestock.  1914A- 
231. 

— time  to  bring  suit,  validity  and  effect 
of  stipulation  by  carrier  of  goods  or 
livestock  limiting  time.     1913E-868. 

— value  of  goods  fixed  and  liability  of 
carrier  limited  to  such  amount,  valid- 
ity of  contract  with  shipper.  12- 
1124;  1913D-981. 

Carriers  of  livestock,  limiting  liability  of 
carrier  for  injuries  to  livestock  re- 
sulting from  their  natural  propen- 
sities, validity  of  contract.  1913D- 
794. 

Carriers  of  passengers,  circus  owner's  con- 
tract with  carrier  limiting  liability 
for  injuries  to  employees  of  former, 
validity.     12-1077. 

— drover's  pass  exempting  carrier  from 
liability  for  negligence,  validity  of 
stipulation.     5-768;    1914A-678. 

,  Free  pass  exempting  carrier  from  liabil- 
ity for  negligence,  validity  of  stipula- 
tion.    4-557;   12-584;   1915C-623. 

—mail  agents,  liability  for  injuries,  valid- 
ity and  effect  of  contract  between 
government  and  carrier  limiting  lia- 
bility.    12-1078. 

—passenger  ticket  stipulating  limitation 
of  carrier's  liability  to  certain 
amount,    validity.     1912B-285. 

• — shipper's  employees,  validity  of  carrier's 
contract  limiting  liability  of  carrier 
for  injuries  to  employees.     12-1077. 

Master  and  servant,  validity  of  contract 
limiting  liability  of  master  to  ser- 
vant for  future  negligence.  6-3; 
1912A-1152. 

Railroads,  fires  communicated  to  property 
on  right  of  way,  validity  of  contract 


CONTRACTS— Continnei 

exempting  railroad  from  liability.  5- 
747;  12-499;  1914A-1206. 
— release  of  railroad  company  from  lia- 
bility to  employees  of  sleeping  car 
company  on  cars  of  latter  hauled  by 
former.     12-738;   1915B-534. 

8.    Implied  Contracts. 

Author's  contract  with  publisher  for  pur- 
chase of  manuscript  as  implying  ob- 
ligation  to   publish.     1912B-612. 

Brokers,  what  constitutes  implied  con- 
tract to  pay  broker  for  sale,  lease  or 
mortgage  of  real  estate.     1918C-1064. 

Brothers  and  sisters,  implied  contract  to 
pay  for  services  rendered  by  brother 
or  sister  in  same  family.     8-203, 

Interest,  implied  contract  as  to  rate.  20- 
1268. 

Marriage,  whether  contract  to  marry  may 
be  implied.     1914C-1097. 

Relatives,  implied  contract  to  pay  for 
services  rendered  by  uncle  or  aunt  or 
nephew    or   niece.     1913C-307. 

Rent  for  use  of  another's  land  for  graz- 
ing cattle,  implied  contract  to  pay. 
1912C-1147. 

Services  by  child  to  parent  who  is  not  of 

same    household,    presumption    as    to 

right   of   payment.     6-512. 
— ^rendition     during     minority     to     person 

standing    in    loco    parentis,    right    of 

child  to  recover.     20-394. 


9.    Excuses  for  Nonperformance. 

Act  or  default  of  employer  as  excusing 
delay  in  performance  of  working  con- 
tract.    17-646. 

Destruction  of  subject  matter  of  contract 
es  excuse  for  nonperformance.     1-466. 

Existence  of  strike  as  excuse  in  absence 
of  special  stipulation  thereto.  12- 
313. 

Infancy  as  defense  to  action  for  money 
loaned.     1916C-999. 

War  as  excusing  breach  of  contract. 
1918A-14;   1918C-398. 

10.     Remedies  of  Parties. 

Generally. 

Agency,  breach  of  contract  involving 
personal     trust     and     confidence     in 


192    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CONTRACTS— Continued. 

agent,  right  of  undisclosed  principal 
to  recover  damages.  15-238;  1912C- 
907. 

Annuities,  right  of  annuitant  who  is  not 
party  to   enforce   contract.     20-787. 

Anticipatory  breach  or  prevention  of  per- 
formance, remedies  of  party.  1-427; 
12-1108;  1913C-384;  1917E-712; 
1918C-891. 

— ^jurisdiction  of  action  for  anticipatory 
breach.     1914B-380. 

— ^life  insurance  contract,  right  to  sue  for 
damages  for  anticipatory  breach.  9- 
665. 

Brokers,  right  of  real  estate  broker  to  re- 
cover damages  from  purchaser  pro- 
cured by  him  on  breach  of  contract 
to  purchase  land.     11-476. 

Champertous  contract,  right  to  recover 
value  of  services  rendered  under. 
1913B-1091. 

Conditional  sales,  right  of  vendee  to  re- 
cover damages  for  breach  of  war- 
ranty.    20-821. 

Contract  to  pay  sum  of  money  in  specified 
articles  or  commodity,  damages  re- 
coverable on  breach.     1916A-965. 

Corporate  contract  for  services  of  officer 
or  agent,  appointment  of  receiver  as 
breach.     1912A-470. 

Demand  for  payment  on  maker  of  prom- 
ise to  pay  debt  or  answer  for  default 
of  another,  necessity  of.     21-545. 

Employment  contract,  breach  by  servant 
in  failing  to  devote  whole  time  to 
master's  service,  right  of  master  to 
damages.     1913B-511. 

^Evidence,  admissibility  of  parol  evidence 
to  show  illegality  of  contract.  16- 
388;  1917I>-426. 

Gambling  contracts,  equitable  relief 
against.     1-154. 

Guardian  and  ward,  liability  for  breach 
of  contract  made  by  guardian  of  in- 
sane  person.     11-54. 

Injunction  to  restrain  breach  of  contract 
not  capable  of  being  specifically  en- 
forced.    3-976;  14-21. 

s — covenant  not  to  engage  in  same  busi- 
ness es  covenantee,  injunction  as 
remedy    for    breach.     15-692;    1916C- 

187. 


CONTRACTS— Continued. 

Instalment  contract,  successive  actions 
for  breach  of  contract  performable  in 
instalments.      6-63. 

Leases,  executory  agreement  to  take 
lease,  liability  of  proposed  lessee  for 
breach.     1912C-1052. 

Limitation  of  action  for  breach  of  con- 
tract as  running  from  date  of  breach. 
13-696. 

Mandamus  as  remedy  to  compel  private 
corporation  to  perform  duties  arising 
out  of  contract.  8^10;  12-112; 
1912C-890. 

Mistake  due  to  negligence,  equitable  re- 
lief against  contract  on  account  of. 
5-214;   11-1164. 

Oral  agreement  to  compensate  by  will  for 
services  performed,  running  of  stat- 
ute of  limitations  against  action  for 
breach.     8-113;   1918A-912. 

Partnership  agreements,  right  of  one 
member  to  recover  damages  from  an- 
other.    1-836. 

Physicians  and  surgeons,  malpractice  as 
subjecting  physician  to  action  in  as- 
sumpsit on  his  implied  contract. 
1912D-869. 

Pleading,  denial  of  allegation  of  per- 
formance of  condition  precedent.  7- 
611. 

— inconsistent  defenses  in  actions  grow- 
ing out  of  contract  generally.  1917C- 
715. 

Eeformation  of  contract  by  insertion  of 
new  provisions,  power  of  court. 
1914D-227. 

Eenunciation  of  executory  contract  and 
immediate  retraction  thereof  as  con- 
stituting breach  of  contract.     3-1032. 

Rescission,  contract  for  successive  de- 
liveries of  goods,  rescission  on  ac- 
count of  non-payment  of  instalment. 
3-901;   1913D-1021. 

— ^limitation  on  right  to  rescind  fraud- 
ulent  contract.     1-910. 

— substitution  of  new  contract  between 
same  parties  as  mode  of  rescission. 
1912A-1258. 

f— written  contract  for  sale  of  either  land 
or  goods,  necessity  that  abandon- 
ment or  rescission  be  in  writing.  14- 
729;  1918C-1213. 

Sealed  instrument,  right  of  person  not 
party  thereto  to  enforce.     1913B-313. 


CONTRACTS. 


193 


CONTBACTS— Continued. 

— undisclosed  principal  as  liable  on  sealed 
contract  by  agent.     3-980. 

Specific  performance  of  optional  contracts. 
1-990;  12-90;  1913A-362. 

— oral  contract  partly  performed,  inade- 
quacy of  damages  as  ground  for 
specific   performance.     1-999. 

— personal  property  contracts,  specific 
performance.     5-269;    10-934;    1915I>- 

788. 

Theatrical  performer,  liability  for  in- 
ducing breaeli  of  his  contract  for  ser- 
vices.    1914B-12. 

Traveling  salesman  carrying  side  line  as 
breach  of  contract  of  employment. 
1918C-952. 

Unenforceable  contract,  right  of  action 
for  breach.     1915D-540. 

Wilful  default,  recovery  on  contract  by 
party  guilty.     5-613. 


Illegal  Contracts. 

Dismissal  of  action  based  on  illegal  con- 
tract, right  or  duty  of  court  on  its 
own  motion  to  dismiss.  1912A-1033; 
1915B-230. 

Division  of  profits  arising  from  illegal 
contract,  whether  court  of  equity  will 
lend  its  aid.     1913E-142. 

Gambling  contracts,  equitable  relief 
against.     1-154. 

Parties  in  pari  delicto,  recovery  of  con- 
sideration paid  on  executed  illegal 
contract.     4-714. 

Performance  before  court  declares  con- 
tract illegal  as  affecting  rights  of 
parties.     1914B-56. 

Eepudiation  and  recovery  of  considera- 
tion, right  of  party  to  illegal  con- 
tract before  performance  of  illegal 
purpose.     11-633. 

Eule  that  where  parties  are  in  pari  de- 
licto court  will  aid  neither  as  modi- 
fied by  paramount  public  interest. 
1913D-772;   1917E-1040. 


11.    Damages. 

Assignability  of  right  of  action  for  dam- 
ages for  breach  of  contract.  1912A- 
497. 

Index  to  Notes — 13 


C?ONTEACTS— ^continued. 

Exemplary  damages  in  action  on  breach 
of  contract  other  than  contract  to 
marry.     3^13;     1&-104;    1917E-412. 

— marriage  promise,  right  to  recover 
exemplary  damages  on  breach. 
1914B-319. 

Liquidated  damages,  stipulated  forfei- 
ture for  breach  of  contract  as  liqui- 
dated damages  or  penalty.  1-244; 
10-225;  1912C-1021;  1915C-945; 
1916D-497;    1917D-739. 

Measure  of  damages,  anticipatory  breach 
by  vendee  of  contract  for  sale  of 
crops,  nursery  stock,  trees  or  the 
like    for   future    delivery.     1913C-765. 

— business  competition,  measure  of  dam- 
ages on  breach  of  agreement  by 
seller  of  business  not  to  re-enter  busi- 
ness in  competition  with  buyer. 
1914A-1153. 

•—exchange  of  property,  measure  of  dam- 
ages for  breach   of  contract.     15^75. 

i — ^invasion  of  agent's  exclusive  selling 
territory,  measure  of  damages  for 
principal's  breach  of  contract. 
1912C-1252. 

— lessor's  covenant  to  renew  lease, 
measure  of  damages  for  breach. 
1913D-208. 

•—railroad's  contract  to  erect  depot, 
measure  of  damages  for  breach.  4- 
999. 

> — vendor  and  purchaser,  measure  of  dam- 
ages on  breach  of  contract  to  sell 
land  due  to  vendor's  inability  to 
make  title.     1917B-858. 

— wills,  breach  of  contract  to  make  will, 
measure  of  damages.     1918A-854. 

Mental  suffering  as  element  of  damage 
for  breach  of  contract  of  carriage 
of   goods.     1915D-S9. 

Mitigation  of  damages,  what  is  contract 
for  personal  services  within  rule  that 
damages  for  breach  may  be  mitigated 
by  earnings  of  employee  in  other 
employment.     1914A-810. 

Profits,  right  to  recover  as  damage  where 
profits  are  very  object  of  contract. 
1914D-36. 

— sale  on  commission,  recovery  of  profits 
as  damages  for  breach  of  contract. 
6-976;    10-654;    1917B-1194. 


194:    INDEX  TO  THE  NOTES,  1  ANN.  OAS.  TO  ANN.  CAS.  1918E. 


CONTEACTS— Continued 

12.    Impairment    of    Obligation    of    Con- 
tracts. 

Judgment,  prohibiting  revival  of  judg- 
ment as  impairment  of  obligation  of 
contract.     3-1148. 

Judicial  decision,  impairment  of  obli- 
gation of  contract  by.  4-93;  9-1121; 
1915C-579. 

Ordinance  granting  privilege,  impairment 
as  impairment  of  contract  obligation. 
3-88;    6-601;    1915A-899. 

Eepeal  or  modification  of  statute  affect- 
ing municipal  corporation  as  im- 
pairment of  obligation  of  contract 
between  state  and  municipality.  4- 
794. 

State  contract,  power  of  state  to  annul 
by   legislative    act.     1915B-137. 

Statute  permitting  recovery  from  tele- 
graph company  of  damages  for  men- 
tal anguish  as  impairment.  1913C- 
868. 

13.    Public   Contracts. 

Bids,  agreement  designed  to  suppress  com 
petition  in  bidding  for  contract  to 
perform  public  work,  validity.  20- 
386. 

— certified  check  or  other  deposit  on 
bid,  rights  of  parties  with  respect 
to.     1916C-427. 

— implied  liability  of  municipality  under 
contract  let  contrary  to  statute  re- 
quiring competitive  bidding.  1917A- 
1263. 

— readvertisement  where  bidder  to 
whom  municipal  contract  has  been 
let  fails  to  comply  with  conditions 
or    abandons    work.     1916D-1189. 

Enforcement  of  municipal  contract  with 
water  company,  right  of  action  by 
private   citizen.     5-507. 

Mandamus  as  remedy  in  behalf  of  munici- 
pality to  compel  performance  of  con- 
tractual   obligation.     1918A-915. 

— letting  municipal  contract,  mandamus 
as  remedy  to  compel  municipality. 
17-651. 

Member  of  legislature  interested  in  state 
contract  as  affecting  its  validity. 
1916A-237. 

Public  building,  contract  tending  to  in- 
fluence location,  validity.     8-484. 


CONTRACTS— Continued. 

Sale  of  goods  to  public,  validity  of 
agreement  to  pay  for  services  in 
procuring    contract.     1913A-297. 

State  contract,  annulment  by  Ipgislative 
act,  power  of  state.     1915B-137. 

Stockholder  of  corporation  as  interested 
party  in  contract  between  corporation 
and  municipal  council  of  which  he  is 
member.     21-912;    1916A-77. 


CONTRADICTION. 

Bight    to    contradict    one's    own    witness 
upon  material  facts.     1914B-1124. 


CONTRADICTORY  STATE- 
MENTS. 

Proof  by  person   who   had   heard  witness 
on  former  trial.     1913B-97. 


CONTRA  PACEM. 

Necessity  and  sufficiency  of  conclusion  of 
indictment  contra  pacem.  13-780; 
14-413. 


CONTRIBUTION. 

Admiralty    jurisdiction    of    suit.     20-1236, 

Joint  adventure,  right  to  contribution  be- 
tween   parties.     17-1024;    1916A-1213, 

Legatees  and  devisees,  contribution  be- 
tween upon  widow's  renunciation  of 
will.     1913E-424;    1918C-415. 

Partners,  right  of  contribution  between, 
1916D-820,   842,   846. 

Party-wall,  adjoining  owner's  liability  to 
contribute  to  cost  in  absence  of 
agreement  therefor.  15-1107;  1916E- 
1165. 

■ — ^liability  to  contribute  arising  from  use 
of  wall  as  inclosure  of  user's  build- 
ing.    1913A-769. 

Pauper's  support,  contribution  between 
relatives.     1915D-242. 

Promoters,  right  as  against  fellow- 
promoters  for  expenses  of  undertak- 
ing.    1913E-1167. 

Stockholders,  right  to  enforce  contribu- 
tion  against   costockholders.     4-734. 


CONTRIBUTIONS— CONVERSION. 


195 


CONTRIBUTION— Continued. 

— sureties  for  corporation,  contribution 
between  stockholders  who  become 
sureties.     1916B-361. 

Sureties,  measure  of  contribution  when 
bound   in   different    amounts.     18-853. 

— relation  assumed  by  one  at  request  of 
another  surety,  liability  for  contri- 
bution to  latter.     16-856. 

— running  of  statute  of  limitations 
against  action  between.  15-1030; 
1918E-518. 

Tort-feasors,      contribution      between.     2- 

528;    1913B-938. 
—satisfied    claim    assigned    to    one    joint 

tort-feasor,     action     thereon     against 

others.     9-519. 


CONTRIBUTIONS. 

Elections,  contribution  by  person  other 
than  candidate  to  election  expenses, 
validity  and  construction  of  statute 
regulating.     1918E-173. 


CONTRIBUTORY  NEGLI- 
GENCE. 

See  Negligence. 

Criminal  prosecution  for  homicide,  con- 
tributory negligence  as  defense. 
1912C-501. 

Distinction  between  contributory  negli- 
gence and  assumption  of  risk  as  de- 
fense.    18-960. 

Fires,  personal  injury  resulting  from  fire 
set  by  railroad,  contributory  negli- 
gence as  affecting  liability.  1918E- 
829. 

Spo/tsman  shooting  another  while  hunt- 
ing, contributory  negligence  of  latter 
as  affecting  liability.     1918C-389. 

Wilful  wrong,  contributory  negligence  as 
defense  to  action.     1912A-493. 


CONTUSIONS. 

Inadequacy  of  verdict  in  action  for  con- 
tusions resulting  from  personal  in- 
juries.    1916B-398. 


CONVERSATIONS— Continued. 

Telephonic  conversation  as  evidence.  1- 
802;   20-/05;   1916E-977. 

Third  person  overhearing  conversation  as 
affecting  privilege  of  communication 
within  law  of  libel  and  slander. 
1917E-699. 

Weight  of  testimony  based  on  memory  of 
oral    statements.     18-1191. 


CONVERSION. 

1.  Acts  Constituting  Conversion. 

2.  Property  Subject  to  Conversion. 

3.  Necessity  of  Demand  or  Tender. 

4.  Persons  Entitled  to  Sue. 

5.  Persons  Liable. 

6.  Actions. 

7.  Damages. 

See  Equitable  Conversion. 

1.    Acts  Constituting  Conversion. 

Assisting  another  in  depriving  owner  of 
his  property,  liability.     21-1194. 

Bailee,  unauthorized  use  of  chattel  as  con- 
stituting.    3-470;    12-692;    1918C-948. 

Broker's  sale  of  pledged  stock  without 
notice  of  time  and  place  as  conver- 
sion.    6-107. 

Conditional  vendee,  transfer  of  personalty 
by  vendee  as  conversion. '  8-129. 

Misappropriation  of  funds  by  agent  for 
both  borrower  and  lender,  who  bears 
loss.     1913C-468. 

2.    Property  Subject  to  Conversion. 

Lottery    ticket,    right    of    action.     1915A- 

1004. 
Money,     trover    for    conversion    of.     15- 

1011. 
Promissory     note     that     has     been     paid, 

trover  for.     12-265. 
Property     having     no     commercial     value, 

trover    for.     1914B-823. 
Shares    of    stock    or    certificates    of    such 

shares,  whether   trover   will   lie.     11- 

203. 


CONVERSATIONS.  .       ,  ^       .       „ 

3.    Necessity  of  Demand  or  Tender. 

Cross-examination    of    witness    to    adduce 

whole  conversation  when  part  offered      Bailment,    demand    as    necessary    to    sup- 
in  evidence.     17-8,  18.  port    action    where    personalty    is    in 


196    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CONVERSION— Continued. 


possession     of 
1913A-1105. 


defendant    as    bailee. 


Personalty  in  possession  of  defendant 
under  contract  of  sale,  necessity  of 
demand  to  support  action  of  trover  or 
conversion.     1913A-1108. 

Pledge,  action  against  pledgee,  necessity 
of  tender   of   debt   secured.     10-1125. 


4.     Persons  Entitled   to   Sue. 

Agent  in  possession  of  personalty,  right 
to  maintain  trover  against  stranger. 
18-572. 

Mortgaged    chattels,    right    of    action    of_ 
chattel   mortgagor   against   third    per- 
son.    21-81. 

Pledge  of  property  by  factor  or  agent 
without  authority,  right  of  principal 
to  recover  in  action  of  trover. 
1913C-1293. 

Property  severed  from  soil  by  person 
holding  adversely  to  owner,  right  of 
latter  to  maintain  trover.     1912B-291. 


5.    Persons  Liable. 

Bankruptcy  discharged,  effect  on  lia- 
bility  for   conversion.     20-310. 

Mortgaged  personalty,  liability  as  be- 
tween junior  and  senior  mortgagee 
for  act   of   other.     1916A-867. 

— liability  of  chattel  mortgagee  to  per- 
sonal representative  of  mortgagor  for 
conversion.     2-713. 

Pledgee,  property  not  owned  by  pledgor, 
liability  of  pledgee  as  for  conversion. 
1914A-345. 

Postmaster,  action  for  conversion  against 
postmaster  for  refusal  to  deliver 
mail.     17-1071. 

Stolen  goods,  recovery  in  civil  action 
against   thief.     19-647. 

6.    Actions. 

Assumpsit  for  value  of  converted  prop- 
erty used  or  consumed  by  tort-feasor, 
right  to  sue  in.     17-975. 

Counterclaim  for  conversion  in  action  for 
conversion.     3-487. 

Evidence,  opinion  of  witness  as  to  owner- 
ship of  property.     1912C-666. 


CONVERSION— Continued. 

Forum  in  which  action  for  conversion 
of  timber  severed  from  realty  must 
be  brought.  3-344,-  21-1314;  1913E^ 
597. 

Limitation  of  actions,  time  when  statute 
begins  to  run  against  action  by  re- 
mainderman for  conversion  by  life 
tenant.      16-540. 

Time  of  conversion,  necessity  that  com- 
plaint in  action  of  trover  allege. 
1913A-879. 

Title  of  property  converted,  effect  of  re- 
covery in  trover.     15-454. 

Waiving  tort  and  suing  in  assumpsit. 
1913D-231;   1915C-1135. 

7.    Damages. 

Chattel  mortgagor's  action  against  third 
person  for  conversion  of  chattels, 
measure    of    damages.      21-82. 

Chose  in  action,  right  of  defendant  to 
show  insolvency  of  maker  in  mitiga- 
tion of  damages.     6-841. 

Household  goods,  measure  of  damages  for 
conversion  of,  or  failure  to  deliver. 
3-891;    1917B-585. 

Interest,  allowance  upon  damages  for  con- 
version.    1-763. 

Shares  of  stock,  measure  of  damages  for 
conversion.      18-608;    1916C-641. 


CONVEYANCES. 

See  Deeds;  Fraudulent  Sales  and  Convey- 
ances; Infants;  Taxation;  Vendor 
and  Purchaser. 

Lease  as  included  under  term  "convey- 
ance."     1913D-999. 


CONVICTION. 

Judgment  of  conviction  as  res  judicata 
in  civil  or  penal  action.     5-78. 

Legal  meaning  of  "conviction"  or  "con- 
victed."    1915B-283. 

Voters,  what  constitutes  conviction  within 
constitutional  provision  aenying  right 
to  vote  to  convicted  person.     15-103. 

Witnesses,  conviction  for  violation  of  city 
ordinance  as  conviction  of  crime  dis- 
qualifying  witness.      1913A-327. 


CONVICTION— Continued 


— method  of  proving  conviction  of  crime 
to  impeach  accused  as  witness.  13- 
643;   1914C-256. 

— suspension  of  operation  of  conviction, 
by  appeal.     1915B-289. 

— what  constitutes  "crime"  for  conviction 
of  which  witness  may  be  impeached. 
1916A-274. 


CONVICTS. 

See  Prisons  and  Prisoners;  Sentence  and 
Punishment. 

Contractual  capacity  of  convict.  1916D- 
225. 

Conveyance  by  convict,  validity.     16-123. 

Convict  laborer,  right  of  person  illegally 
hired  out  as  against  lessee.  1912A- 
269. 

Corporal  punishment,  right  to  inflict.  18- 
298;    1916C-130. 

Default  judgment  against  convict,  valid- 
ity.    1913C-245. 

Employment,  validity  of  statute  providing 
for  particular  kind  for  convicts. 
1915C-976. 

— relation  of  master  and  servant  as  exist- 
ing between  employer  and  convict 
laborer.      13-168;    1912B-565. 

False  imprisonment  by  detention  after 
pardon,  excessiveness  of  verdict  in 
action   for,      1916C-511. 

Goods  made  by  convict  labor,  validity  of 
statute  requiring  them  to  be  so 
marked.     1913B-817. 

Habeas  corpus  to  bring  convict  before 
court  for  trial.    4-72S. 

Homicide,  liability  of  person  serving  life 
sentence  to  trial  and  punishment  for 
murder.      14-488. 

Lessee  of  convicts,  right  to  sublet  them 
or  assign  contract.     16-743. 

Negligence  of  colaborer,  right  of  person 
performing  forced  labor  to  recover 
for  negligence.     4-479. 

Process,   service   on   convict.     1916D-1207. 

Eeconfinement  after  escape  for  remainder 
of  sentence.     3-416. 

Speedy  trial,  right  of  convict  to.     17-170. 

Tort  of  prison  officer,  personal  liability  to 
convict.     1915D-964. 


CONVICTS— COPYRIGHTS. 

CONVULSIONS. 


197 


Inadequacy  of  verdict  for  personal  in- 
juries producing  convulsions.  1916B- 
404. 


COOKING  FOOD. 

Injury  while  engaged  as  accident  arising 
out  of  employment  under  Workmen's 
Compensation  Act.     1913C-20. 


COPIES. 

Books  of  account,  when  admissible  in  evi- 
dence.    2-844. 

Certification  that  paper  or  document  is 
true  copy,  proper  form.     1912C-942. 

Indictment  or  information,  copy  to  be 
served  on  defendant,  construction  of 
statutory  provision.     1913D-1095. 

— lost  or  mutilated  indictment,  supplying 
by  copy.     1913E-606. 


COPYRiaHTS. 

1.  Acquisition  and  Extent  of  Bights. 

2.  Restraint   of   Trade. 

3.  Infringement. 

1.    Acquisition  and  Extent  of  Eights. 

Assignee    of    author,   etc.,    right    to    copy- 
right.    16-1128. 

Creditor's  bill  to  reach  property  right  in 
copyright.      1914B-955. 

Law   reports,   extent   of  copyright  protec- 
tion.    17-961. 

Letters,   right  of  copyright   after   writer's 
death.    3-1116. 

Magazines,  extent  of  protection  acquired. 
20-1178. 

Moving  pictures,  application  of  copyright 
to.     1916C-305. 

Name  copyrighted,  right  to  use   after  ex- 
piration of  copyright.     14-799. 

Paintings,  publication  within  law  of  copy- 
right.    12-601. 

Sale  of  copyright,  specific  performance  of 
agreement.     5-271. 


198    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


COPYRIGHTS— Continued, 

2.    Kestraint   of   Trade. 

Price  of  copyrighted  book,  right  of  vendor 
to  control  on  resale  hy  vendee. 
1916A-84. 

Eestraint  of  trade,  restrictive  covenant, 
in  contract  of  sale  as  constituting. 
9-908. 

Sherman  Anti-trust  Act,  application  to 
agreement  regarding  sale  of  copy- 
righted books.     1915A-372. 


3.    Infringement. 

Common-law  action  for  damages  for  in- 
fringement of  copyright,  right  to 
bring.     5-279. 

Dramatic  copyright,  infringement  of.  14- 
433. 

Injunction,  consideration  of  amount  of 
infringement  on  application  for  in- 
junction.    14-503. 

Literary  productions  of  another,  right  to 
damages  for  unauthorized  use  in 
absence    of    statute.      13-257. 

Map,  chart,  print,  etc.,  remedy  undei' 
former  law  for  infringement  com- 
pared with  remedy  under  existing 
law.     1912C-56&. 

Moving  picture  illustrations  of  book,  play 
or  the  Like  as  infringement.  1913A- 
1287. 

Musical  copyright,  what  constitutes  in- 
fringement.    14-633;   1916A-371. 

Pictures,  infringement  of  common-law 
right  of  property  in  unpublished 
picture,   right    of   action.      15-135. 


CORAM  NOBIS. 

Modern    civil    and   criminal    practice.      3- 

328. 
.When  writ  will  issue.     1915A-1287. 


CORN-CRIBS. 

'Burglary,  description  in  indictment,  suffi- 
ciency.    1913D-875. 


CORNER  LOTS. 

Assessment  under  front-foot  rule. 
1077. 


1915D- 


CORONERS. 

Appearance  by  counsel  at  coroner's  in- 
quest, right  of  accused  or  suspected 
person.     1916D-394. 

Evidence      given     by     defendant     before 
coroner,      admissibility      in      criminal 
t    prosecution.      3-517;    12-161. 

= — ^admissibility  to  impeach  witness.  16- 
688. 

Libel  and  slander,  utterance  of  coroner 
holding  inquest  as  privileged.     4-433. 

Necessary  expenses  incurred  by  coroner, 
what   constitute.     1918D-927. 

Place  of  holding  inquest,  jurisdiction  of 
coroner  as  regards.     4-1162. 

Power  of  coroner  to  determine  whether 
inquest   shall  be  held.     11-1023. 

Sunday  sessions,  right  to  hold  inquest  on 
Sunday.     1916B-16. 

Verdict  in  coroner's  inquest  as  evidence 
in  subsequent  proceedings.  4-1020, 
1096;    1917B-892. 

— weight  of  suicide  verdict  by  coroner's 
jury  as  evidence  in  action  on  life 
insurance  policy.     17-34;   1913C-1262. 


CORPORAL  PUNISHMENT. 

Child,  excessive  chastisement  by  parent, 
remedy  of  child.     1-131. 

— reasonableness  of  punishment  by  parent 
or  one  in  loco  parentis  as  question 
for  jury.     5-117. 


Convict,     right 
1916C-130. 


to     inflict     on.      18-298; 


Pupil,  right  of  teacher  to  inflict  corporal 
punishment.      12-353. 


CORPORATE  TRUSTS. 

See  Monopolies. 


CORPORATIONS. 


199 


CORPORATIONS. 

1.  Constitutional    and    Statutory    Provi- 

sions. 

2.  Definitions  and  Distinctions, 

3.  Name  of  Corporation. 

4.  Corporate  Seal. 

5.  Promoters  and  Incoriwratora, 

6.  Amendment  of  Charter, 

7.  Franchise. 

8.  Eights  and  Powers. 

9.  Duties  and  Liahilities. 

10.  Criminal  EesponsihUity. 

11.  Officers  and  Agents. 

A.  Generally. 

B.  Appointment  and  Termination  or 

Office. 

C.  Compensation. 

D.  Authority  to  Bind  Corporation. 

E.  Liability  to  Coia>ORATiON  oe  Third 

Person. 

F.  Criminal  Responsibilitt. 

G.  Directors. 

12.  Stock  and   Stockholders. 

A.  Generally. 

B.  Subscriptions. 

C.  Property  Right  in  Stock. 

D.  Lien  of  Corporation. 

E.  Transfer  of  Stock. 

F.  Stockholders'  Meetings. 

G.  Dividends. 

H.  Liability  op  Stockholders. 
I.  Stockholders'  Actions. 

13.  Corporate  Bonds  and  Securities. 

14.  Consolidation  of  Corporations. 

15.  Duration,  Dissolution  and  Extension. 

16.  Insolvency  and  Receivers. 

17.  Regulation  of  Corporations. 

18.  Taxation  of  Corporations. 

19.  Actions  by  and  Against  Corporations. 

20.  Foreign  Corporations. 

See  Associations;  Societies  and  duhs. 

1.    Constitutional  and  Statutory  Provisions. 

Blue  sky  law,  validity  and  construction. 
1916A-706. 

"Carrying  on  business,"  meaning  as  used 
in  statute  relating  to  corporation. 
18-32. 


CORPORATIONS— Continued. 

Constitutional  law,  self-executing  provi 
sions  relating  to  corporations.  7-630; 
18-201;   1914C-1118. 

Forfeiture  of  charter,  constitutional  or 
statutory  provision  as  self-executing. 
1914A-936. 

Partial  invalidity  of  statute  relating  to 
corporations,  effect.     1916D-38. 

2.    Definitions  and  Distinctions. 

"Alien  enemy,"  corporation  as  constituting. 

1918C-710. 

**Citizen,"  corporation  as  included  in  term. 
1917C-875. 

"Company,"  word  as  importing  corporation 
in  law.     1912A-969. 

Distinction  between  public  and  private 
corporation.     1-371. 

Fire  company,  insurance  patrol  or  the  like 
as   charitable   institution.     1917G-797. 

Franchise  and  license  granted  to  corpora- 
tion, distinction  between.     1916B-210. 

"Moneyed  corporation,"  what  is.     20-136. 

Municipal  corporation  as  included  under 
term  "corporation."     1913B-745. 

"Person,"  term  as  including  private  cor- 
porations.    20-739;  1914A-1308. 

Public  utility,  corporation  not  operated 
for  profit  as  constituting.     1916D-899. 

Quasi-public  corporation,  what  is.     18-1063. 

"Vicinity,"  meaning  of  term  as  used  in 
corporate  charter.     18-738. 

3.    Name  of  Corporation. 

Change    of    name   of  private    corporation. 

19-1238. 
Infringement  of  name  of  corporation  by 

use  of  similar  name.     2-415;   16-596; 

1915B-352;   1918A-229. 

Misnomer  of  corporate  name  in  publica- 
tion of  notice.     1913B-1248. 

Name  similar  to  that  of  other  corporation, 
right  of  corporation  organized  for 
other  than  pecuniary  profit  to  use. 
1912A-825;  1913E-642. 

4.    Corporate  SeaL 

Failure  to  affix  seal  to  instrument  exe- 
cuted by  corporation,  effect.  1915A- 
1064;   1916A^79. 

Negotiable  instrument  by  corporation,  seal 
affixed  without  recital  respecting  seal- 


200    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CORPORATIONS— Continued. 

ing,  effect  as  sealed  instrument.     19- 
679. 

What  is  suflScient  corporate  seal,     19120- 
42. 


5.    Promoters  and  Incorporators. 

Contribution,  right  of  promoter  to  bring 
action  at  law  against  fellow-promoters 
for  contribution.     1913E-1167. 

Liability  of  corporation  to  third  par- 
ties on  promoters'  contracts.  8-262; 
1916C-105. 

Married  woman,  power  to  be  incorporator. 
11-807. 

Relation  of  promoter  to  ■corporation  and 
stockholders.  4-669;  17-269;  1915B- 
176. 

Rights  and  liabilities  of  promoters  inter 
se.     1913E-1166. 


6.    Amendment  of  Cliarter. 

Amendment  of  charter  so  as  to  shorten 
term  of  corporate  existence,  power  of 
corporation.     1914C-657. 

Majority  stockholders,  right  to  accept 
amendment  as  against  will  of  minority. 
1912C-1203. 

7.    Francliise. 

Alteration  of  terms  of  franchise,  right 
of  third  person  who  may  derive  bene- 
fit from  municipal  franchise  to  public 
service  corporation  to  object.  1913D- 
1089. 

Estoppel  of  municipality  to  deny  validity 
of  franchise.     1916B-1272. 

Forfeiture,  necessity  for  direct  proceedings 
for  forfeiture  of  special  franchise. 
1916B-179. 

Grant  of  franchise  under  constitution  or 
statute  as  subject  to  construction  in 
favor  of  public.     1914A-158. 

Obligations  of  franchise,  whether  court 
will  compel  performance.    1914A-1244. 

Power  of  court  to  determine  validity  of 
municipal  franchise  in  action  to  en- 
join commission  of  acts  thereunder. 
1914B-490. 


8.    Rights  and  Powers. 

Adverse  possession,  right  of  corporation  to 
acquire  title  by.     1915C-772. 


CORPORATIONS— Continued. 

By-law  inconsistent  with  charter  or  gen- 
eral statute,  validity.     1914C-665. 

Chambers  of  commerce,  powers  and  lia- 
bilities of  corporation  organized  to 
promote  business  interests  of  com- 
munity.    1917C-787. 

Communistic  society  or  corporation  as  con- 
trary to  public  policy.     11-236. 

Deeds,  acceptance  by  corporation  as 
grantee,  what  constitutes.  1914D^ 
507. 

De  facto  corporation,  admissibility  of  parol 
evidence  to  show.     1914A-151. 

— right  to  exercise  power  of  eminent 
domain.  9-594;  1913C-271;  191SC- 
1063. 

Executor,  capacity  of  corporation  to  act  as 
executor.     1913B-1165. 

Guaranty  of  stock  or  bonds  of  another  cor- 
poration, power  of  corporation.  11- 
891. 

Intoxicating  liquors,  right  of  corporation 
to  license  for  sale.     17-1001. 

Lease,  power  of  private  corporation  to 
lease  its  real  property.     4-10(n. 

Libel  or  slander,  right  of  corporation  to 
sue  for.     5-550. 

Mechanics'  liens,  right  of  corporation  to 
lien.     7-430. 

Medical  corporation,  recovery  for  profes- 
sional services  rendered  by  licensed 
member  or  employee.     2-607. 

Monopolies,  exclusive  interchange  of  busi- 
ness, validity  of  contract  between 
public  service  corporations.  1914B- 
262. 

Mortgages,  power  of  trustee  to  release 
mortgaged  property.     1916I>-1182. 

Predecessor's  contracts,  change  in  firm  or 
corporation  as  discharging  guaranty 
to  it.     15-1021. 

— incorporation  of  obligee  as  affecting 
guaranty  to  it.     1913C-820. 

Profession  or  trade  for  which  license  is 
required,  right  of  corporation  to 
practice.     12-674. 

Rewards,  power  of  municipal  or  private 
corporation  to  offer.     3-157;  21-62. 

Statute  in  force  at  time  of  incorporation, 
right   to   attack   validity.     12-558. 

— effect  of  partial  invalidity  of  statute 
relating    to    corporations.     19161>-38i. 


CORPORATIONS. 


201 


CORPORATIONS— Continued. 

Stock,  acquisition  of  stock  in  another  cor- 
poration for  purpose  of  controlling 
same  and  preventing  competition.  8- 
64. 

— right  of  corporation  to  acquire  its  own 
stock.     17-1261;    1914B-1016. 

Trusts,  power  of  corporation  to  act  as 
trustee  of  charitable  trust.     8-1181. 

Ultra  vires  purchase  of  land,  effect.     17- 

529. 
— sale  of  property  by  corporation,  who  may 

object  to  sale  as  ultra  vires.     1916A- 

839.  848. 


9.    Duties  and  Liabilities. 

Generally. 

Accommodation  paper,  liability  on.  1913A- 
1313;  1916  A-87. 

Avoidance  of  contract  because  of  mental 
incapacity  of  oflBcer  who  executed  it, 
right  of.     21-617. 

Bankruptcy,  corporation  as  subject  to  in- 
voluntary bankruptcy.     11-359. 

Damages,  validity  of  statute  subjecting 
corporations  but  not  including  indi- 
viduals.    1914B-975. 

Debt  limit  provision  in  charter,  construc- 
tion.    1918B-966. 

Libel  or  slander,  liability  of  corporation. 
9-443;  17-622;  1917D-967;  1918D-484. 

— mental  suflfcring  of  corporation,  as  ele- 
ment of  damages.     1914C-295. 

— ^privileged  communications  between  stock- 
holders vrithin  law  of  libel  and  slan- 
der.    10-272. 

Messenger  service,  liability  of  corporation 
engaged  in  furnishing  for  loss  of  or 
injury  to  articles  intrusted  to  mes- 
senger.    1912C-1186. 

Mortgages,  corporate  property  mortgaged 
without  required  consent  of  stock- 
holders, right  of  creditor  to  object. 
1916C-1039. 

Ultra  vires  as  defense  in  action  on  insur- 
ance policy.     4-1046. 

Usury  as  defense,  statutory  prohibition 
against  corporation  pleading.     14—115. 

Predecessor's  Liabilities. 

Assumption  of  liabilities  by  corporation 
formed  by  partners  or  joint  owners  of 
going  business  concern.     1912D-1277. 


CORPORATIONS— Continued. 

Debts  of  predecessor,  liability  for. 
1916D-658. 


4-260; 


Purchase  of  property  of  another  corpora- 
tion, liability  for  debts  of  latter. 
1913E-1044, 

Railroads,  liability  of  purchaser  of  rail- 
road on  personal  contracts  of  old  cor- 
poration.    6-85. 

Torts,  liability  of  corporation  purchasing 
property  of  another  corporation  for 
its  torts.     1915D-549. 


10.    Criminal  Responsibility. 

Act  not  forbidden  to  firm  or  individual, 
validity  of  statute  prohibiting  corpo- 
ration from  doing.     1912D-808. 

Conspiracy,  liability  of  corporation  for. 
17-102. 

Contempt,  violation  of  injunction  by 
officers  or  agents  as  subjecting  corpo- 
ration to   criminal  contempt.     3-29. 

Criminal  prosecution  of  corporation,  neces- 
sity that  it  be  by  indictment.     19-534. 

Homicide,  liability  of  corporation  to  in- 
dictment,    16-840;   1915B-621, 

Jurisdiction  of  corporation  in  criminal 
case,  method  or  process  by  which 
court  may  acquire.     1916E-1289. 

Misfeasance  other  than  homi^cide,  criminal 
liability  for  act.     1916C-459,  470,  476. 

Nonfeasance,  liability  of  corporation  to  in- 
dictment for.     5—413. 

"Person"  as  used  in  statute  relating  to 
crime  as  including  private  corporation. 
20-742,  746;  1914A-1310. 

Receivership,  criminal  liability  of  corpora- 
tion while  in  hands  of  receiver.  21- 
694. 

11.  OfKcers  and  Agents. 

A.    Geneeallt. 

Acknowledgment   of   instrument,    disquali- 
fication  of    interested    stockholder    or 
■      officer    to    take.     16-140;    1913D-373; 
1916D-705. 

— resort  to  instrument  to  determine 
representative  character  of  officer 
when  not  shown  in  certificate.  191SC- 
355. 

Agent  of  private  corporation  as  "officer." 
5-223. 


202    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CORPORATIONS— Continued. 

Bonds,  defihitcness  of  term  as  affecting 
duration  of  liability  of  sureties  on 
bonds.     5-949. 

Discovery,  corporate  officers  or  agents  as 
parties  defendant  to  bill.     20-908. 

Indorsement  of  corporate  paper  by  officer 
or  stockholder,  right  to  notice  of  dis- 
honor.    1917JB-836. 

Insurance  on  lives  of  officers,  right  of  cor- 
poration to  take  out.     16-295. 

Office  and  employment  in  private  corpora- 
tion, distinction  between.  17-453; 
1917I>-320. 

Public  officer  prohibited  from  entering  em- 
ploy, validity  of  statute.     1912C-1067. 

Statutory  command  to  corporation  as  ex- 
tending to  officers  individually. 
1914B-247. 

Title  to  office,  bill  in  equity  to  deter- 
mine.    4-707. 

Usurpation  of  office  in  private  corporation, 
remedy  of  quo  warranto  as  extending 
to.     1915A-1145. 


B.    Appointment  and  Termination  op 
Office. 

Acceptance  of  office  in  private  corpora- 
tion.    1917D-516. 

Acknowledgment  of  corporate  instrument, 
officer  as  disqualified  to  take.  16-140; 
1913D-373;   1916D-705. 

De  facto  officer  of  corporation,  validity 
of  appointment  by.     1913C-1042. 

Eligibility  of  person  to  whom  stock  is 
transferred  for  purpose  of  enabling 
him  to  become  officer.     1916E-963. 

Power  of  court  to  remove  officer  or  to  en- 
join him  from  performing  his  duties. 
20-598. 

Receiver  appointed  for  corporation  as  con- 
stituting breach  of  contract  for  ser- 
vices of  officer  or  agent.     1912A-470. 

Removal  of  officer  of  private  corporation. 
1913B-669. 


C    Compensation. 

Insolvency  of  corporation,  balance  due 
officer  under  contract  for  compensa- 
tion, right  to  recover.     12-581. 

Power  of  corporate  officer  to  vote  himself 
compensation.     11-773;  19-1260. 


CORPORATIONS— Continued. 

Right  of  officers  and  directors  to  compensa- 
tion for  services  in  absence  of  ex- 
press contract.     3-734;  1915A-454. 


D.    Authority  to  Bind  Coepoeation. 

Admission  or  declaration  of  officer,  com- 
petency as  evidence  against  corpora- 
tion.    1912C-109. 

Authority  of  officer  to  represent  corpora- 
tion as  inferred  from  manner  in 
which  he  has  been  permitted  to  act. 
1913D-646. 

Commercial  paper  for  corporation,  power 
of  president  and  secretary  to  execute. 
2-520;  18-729. 

Contract  for  purchase  or  sale  of  real  es- 
tate, authority  to  enter  into.     191 7A- 

482. 

Hiring  of  employees,  authority  of  general 
manager  or   agent.     1914B-831. 

Implied  authority  of  officers  to  contract 
for  medical,  surgical  or  other  attend- 
ance or  supplies  for  sick  or  injured 
persons.  3-570;  1912C-474;  1918A- 
791. 

Imputed  notice,  corporation's  knowledge 
as  imputable  to  officer  thereof. 
1915A-855. 

—officer's  knowledge  acquired  as  officer 
of  another  corporation,  imputability 
to    corporation.     1915A-861. 

— notice  to  officers  where  they  are  en- 
gaged in  independent  acts  in  their 
own  interest,  iniputability  to  cor- 
poration. 6-€79;  1912C-295;  1916B- 
328. 

Presumption  as  to  authorization  by  corpo- 
ration for  contract  executed  by  presi- 
dent.    1917A-360. 

Sale  or  mortgage  of  corporate  property, 
power   of   president.     19-623. 

Secretary's  implied  authority  to  act  for 
or  bind  company.  1912D-296;  1916A- 
479. 


E.    Liability    to    Corporation    or    Third 
Person. 

Corporate  contract  other  than  negotiable 
paper,  liability  of  officer.     1913B-902. 

Equitable  jurisdiction  of  suits  against 
directors  and  officers  by  corporation 
for  negligence  or  wrongful  acts.  7- 
1121. 


CORPORATIONS. 


203 


COEPORATIONS— Continued. 

Indebtedness  of  officer  created  by  mis- 
appropriation of  corporate  funds  as 
dischargeable  in  bankruptcy.  1912D- 
218. 

Negligence  or  wilful  act  of  officer,  right 
of  corporation  or  stockholders  to  re- 
cover amount  of  damages  paid  by 
corporation.     1913C-375. 

Negotiable  paper,  liability  of  person  sign- 
ing as  officer  of  corporation.  6-1000; 
1917D-568. 

Prospectus,  fraudulent  representations, 
liability  of  person  whose  name  ap- 
pears   thereon    as    officer.     1915C-559. 

Statutory  liability  of  officer  for  corporate 
debts  as  affected  by  change  of  offi- 
cers,    1918D-796. 

— right  to  contribution  of  officer  respond- 
ing in  damages  for  failure  of  corpo- 
rate  duty.     2-529. 

Tort  of  corporation,  personal  civil  liabil- 
ity of  officer  or  director  to  persona 
injured.     1913D-1058. 

F.    Criminal  Responsibility. 

Appropriation  of  corporate  funds  by  offi- 
cer for  political  purposes  as  criminal 
offense.     10-320. 

Embezzlement     from     corporation,      suffi- 
ciency    of     indictment     with     refer- 
ence to  allegation   of    ownership   and 
description  of  property.     18-343;   21- 
I  72. 

False  report  by  corporate  officer,  what 
constitutes  "knowingly"  making, 
1912A-435. 

Nonfeasance  or  misfeasance,  criminal  lia- 
bility of  corporate  officer  for  acts. 
8-383. 

G..     DiEECTOES. 

Action  by  directors  without  formal  meet- 
ing,  validity.     1914B-715. 

Corporate  acts,  necessity  of  action  by  di- 
rectors to  validate.     1912C-300. 

"Debts"    of    corporation   for   which    direc- 
'  tors  are  liable,  character  of.     12-807; 

1914B-152. 

Inspection  of  books  and  papers,  right  of 
director.     17-837;  1914B-424. 

Meetings  of  corporation  or  directors, 
notice,  sufficiency,     1914D-862. 

Quorum  of  corporate  directors,  legality  of 
action  by  majority.     13-786. 


CORPOEATIONS— Continued. 

Secret  profits,  accountability  of  director 
to  person  subsequently  becoming 
stockholder.     18-359. 

— liability  of  directors  to  corporation  or 
stockholder.     1917A-238. 


12.    Stock  and  Stockholders. 

A.    Geneeallt. 

Agreement  of  corporation  to  purchase 
stockholder's  shares,  right  of  stock- 
holder to  enforce  after  insolvency. 
10-145. 

3>eeds  or  mortgages,  competency  of  stock- 
holder or  employee  as  attesting  wit- 
ness.    15-592. 

Dismissal  of  action  by  corporation  by 
board  of  direators,  rights  of  stock- 
holders.    1914D-834. 

Estoppel  of  stockholder  to  deny  corporate 
existence.     1915A-411. 

Fiduciary  relation  of  director  to  stock- 
holder as  affecting  former's  purchase 
of  stock  from  latter.  2-877;  191 8B- 
241;   1918D-771. 

Forged  or  spurious  stock  certificates, 
rights  between  coiporation  and  bona 
fide  purchaser.     5-251. 

Indorsement  of  corporate  paper  by  officer 
or  stockholder,  right  to  notice  of  dis- 
honor.     1917B-836. 

Inspection  of  corporate  books,  absolute  or 
qualified  right  of  stockholder.  10- 
990;  20-612;  1913E-173;  1917A-103; 
1917D-898. 

— remedy  of  stockholder  to  enforce  right 
to  inspect  corporate  books.     19-310. 

— stockholder's  right  to  inspect  corporate 
books.     1-130. 

Insurance  policy  issued  by  insurance 
agent  on  property  of  corporation  of 
which  he  is  stockholder,  validity  of 
policy.     1916D-1275. 

Lien  of  stock  broker  on  stock  procured 
for  customer.     21-743. 

Lost  certificate  of  stock,  right  of  stock- 
holder to  compel  duplication.  1918E- 
66. 

Mandamus  to  compel  issuance  of  corpo- 
rate stock.     16-900. 

Postal  laws,  scheme  to  induce  stock  specu- 
lation as  scheme  to  defraud  within 
federal     statute     prohibiting     use    of 


204    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CORPORATIONS— Continued. 

mails  in  furtherance  thereof.     1914D- 
1245. 

Preferred  shareholder  as  creditor  or  stock- 
holder   of    corporation.      1917B-558. 

Purchase  of  corporate  property,  right  of 
majority  stockholders  to  purchase. 
14-920. 

Stock  issued  for  work  or  services  to  be 
performed  thereafter,  relative  rights 
of  corporation  and  stockholder. 
1914A-681. 

Stockholder  as  interested  party  in  munici- 
pal contract  between  his  corporation 
and  city  council  of  which  he  is  mem- 
ber.    21-912;   1916A-77. 

Ultra  vires  sale  of  property  by  corpora- 
tion, right  of  stockholder  to  object. 
1916A-843. 

B       SUBSCEIPTIO^fS. 

Call  subscriptions,  running  of  limitation 
statute  as   dating  from   call.     4—728. 

"Cash"  payment  of  subscriptions  required, 
what  may  be  received  in  payment. 
1912B-480. 

Change  in  name  of  corporation  as  affect- 
ing   subscription    liability.      19-1243. 

Collateral  oral  agreement,  supplementing 
stock  subscription  by  proof  thereof. 
1914A^58. 

Conditional  subscription,  admissibility  of 
parol  evidence  to  show.  19-883; 
1918C-853. 

— liability  of  stockholder  on  conditional 
subscription   to  stock.      1913C-421. 

Creditor's  bill,  unpaid  stock  subscription 
as  reachable.     1914B-958. 

Failure  to  deliver  stock  as  defense  to 
action  on  note  given  corporation  for 
stock.     1915A^22. 

Liability  on  stock  subscription  as  de- 
pendent on  whole  amount  of  stock 
having  been  subscribed.  16-1253; 
1918B-1137. 

New  stock,  preference  right  of  stock- 
holders to  subscribe.  9-745;  1918B- 
132. 

Nonassessable  stock,  agreement  between 
corporation  and  stockholder,  validity 
and    enforceability.      1915A-821. 

Eelease  of  subscriber  to  corporate  stock 
by  alteration  in  charter  or  change  in 
corporate   design.     1918A-79. 


CORPORATIONS— Continued. 

— unpaid  stock  subscription,  validity  of 
release  as  regards  corporate  creditors. 
1912B-491. 

Rescission  or  repudiation  of  stock  sub- 
scription, amendment  to  charter  as 
affecting  right  to  repudiate.  1912C- 
1204. 

— right  of  subscriber  on  ground  of  fraud 
after  insolvency  of  corporation.  16- 
178. 

Setoff  of  unpaid  subscription  against  debt 
due  subscriber  from  corporation,  right 
after  insolvency  of  corporation. 
1913E-1025. 

Waiver  of  right  to  avoid  stock  subscrip- 
tion.    1915B-790. 

When  subscriber  to  stock  becomes  stock- 
holder.    1913C^18;   1917E-209. 

Withdrawal  of  stock  subscription,  right 
to  withdraw.  16-532;  1915C-1113; 
1916A-699. 


C.     Peopeety  Right  in  Stocki 

Attachment,  nonresident's  shares  of  stock, 
right  of  attachment  at  location  of 
corporation.      1912D-954. 

— what  is  sufficient  levy  on  corporate 
stock.     1916B-997. 

Conversion  of  stock,  innocent  purchaser 
of  stock  certificate  from  thief  or 
finder,  right  of  owner  to  recover 
certificate.     1913C-1117, 

—measure  of  damages  for  conversion  of 
stock.     18-608;    1916C-641. 

— trover  for  conversion  of  shares  of  stock 
or  certificates  of  such  stock.     11-203. 

— venue  of  action  to  recover  shares  of 
stock.     1913D-506. 

Creditor's  bill  to  reach  shares  of  stock, 
1914B-959. 

"Escrow,"  term  as  applicable  to  corporate 
stock.     1916B-1031. 

Execution  sale  of  stock,  right  to  injunc- 
tion  against.      1918C-213.' 

Garnishment,  corporate  stock  as  garnish- 
able  by  summoning  corporation.  14- 
264. 

Increase  in  value  of  stock  under  life 
tenancy,  who  entitled  to.     1916B-128. 

Margins,  ownership  as  between  broker 
and  customer  of  stock  carried  on. 
14-986. 


CORPORATIONS. 


205 


COEPOEATIONS— Continued. 

■ — right  of  broker  to  pledge  stock  carried 
on  margin.     1912B-563, 

"Security,"  corporate  stock  as  security. 
1914D-626. 

Situs  of  shares  of  stock  for  purposes  oi 
administration.      1915B-702. 

Value  of  stock,  evidence  admissible  to 
prove.     1915C-64. 

D.    Lien  op  Ooeporation. 

By-law  creating  lien  on  stock,  validity. 
19-704. 

Foreclosure  in  equity  of  lien  in  favor  of 
corporation.      1912A-53. 

Provision  in  charter,  statute  or  by-law 
creating  lien  on  stock  in  favor  of 
corporation,  validity  and  effect.  3- 
188;   1918D-368. 


E.    Teanspeb  op  Stock. 

Agreement  by  seller  to  repurchase  stock 
on  demand,  validity  and  construction. 
1918D-744. 

Bequest  of  stock  by  will,  distinction  be- 
tween general  and  specific  legacies. 
10-490;   19-1187, 

By-law  regulating  alienation  of  stock, 
validity.      19-702;    1916D-1202. 

Contract  for  sale  of  stock,  effect  of 
seventeenth  section  of  statute  of 
frauds  and  equivalent  enactments. 
7-930;    18-599;    1917C-991. 

Estoppel  to  question  transfer  by  corpora- 
tion without  authority  of  owner. 
1913E-1177. 

Failure  or  refusal  of  corporation  to  trans- 
fer shares  on  books,  right  to  damages. 
13-299. 

Gift,  delivery  of  certificate  of  stock 
without  indorsement  or  registration 
as  valid  gift.     1912C-1235. 

Implied  warranty  on  sale  of  corporate 
stock.     10-168. 

Laches  and  limitation  in  questioning 
transfers  of  stock  without  authority 
of  owner.     1913E-1179. 

Law  governing  transfer  of  stock.  1917D- 
959. 

Liability  of  corporation  for  transferring 
shares  of  stock  without  authority  of 
owner,      1913E-1173. 


CORPORATIONS— Continued. 

Specific  performance  of  contract  for  sale 
of  shares  of  stock.  5-272;  10-935; 
1915D-790. 

Spurious  stock,  effect  of  transfer  of  shares 
to  bona  fide  holder.     5-252. 

Transfer  of  stock  not  in  writing,  validity, 
6-481. 

Unpaid  subscription,  liability  of  bona  fide 
transferee  to  corporation.     1914B-748. 

Unregistered  transferee,  rights  as  against 
levy  of  attachment  or  execution.  21— 
1394;   1917A-428. 


F.    Stockholders'  Meetings. 

Alien  enemy  shareholder,  right  to  vote  in 
election   of  directors,     1917C-232, 

Notice  of  me'eting  of  corporation  or  di- 
rectors, sufficiency  of  notice.  1914D- 
862, 

— waiver  of  notice  of  stockholders'  meet- 
ing.    1916E-1038. 

Pledged  stock,  right  to  vote.     1912A-206. 

Preferred  stock,  right  to  vote,  validity 
and  effect  of  charter  or  by-law  pro- 
vision  excluding.     4—567. 

Proxy  of  stockholder,  rights  and  powers. 
1912C-865. 

Special  meeting  of  stockholders,  notice, 
sufficiency  as  to  contents.  1917E- 
1004, 

Stock-voting  agreements,  validity.  14- 
938;  21-1297;  1915D-800;  1917B-373; 
1917E-594;   191SE-252, 

[Voting,  individual  stockholder  or  share 
of  stock  as  unit  of  voting  power. 
1914B-554, 

■ — unanimous  vote  of  quorum  present  as 
satisfying  requirement  that  certain 
vote  be   unanimous.     1913E-1295, 

Withdrawal  of  majority  after  due  organ- 
ization of  stockholders'  meeting, 
effect,     1912C-1272. 


G,    Dividends. 

Declaration  of  dividend  as  contract  right 
of  stockholders  or  vesting  in  dis- 
cretion of  directors.     1913D-777, 

Distinction  between  stock  and  cash  divi- 
dends.    9-290. 

Life  tenant  and  remainderman,  right  to 
stock  dividend  as  between  them.     12- 


206    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CORPORATIONS— Continued. 

650;    1912B-1218;    1915A-311;    1918E- 
629. 

Pledgee  of  stock,  right  to  collect  divi- 
dends.    3-725;  1913E-1057. 

Preferred  stock,  right  of  holder  to  cumu- 
lative  dividends.     6-216;    7-617. 

Stock  broker  and  customer,  right  to  divi- 
dends as  between.     1915B-914. 

Unlawful  payment  of  dividend  out  of 
capital,  liability  of  stockholders  to 
refund.     1915A-827;    1917A-575. 

When  dividend  becomes  enforceable  debt 
against  corporation.     1913B-553. 

H.    Liability  of  Stockholders. 

Bankruptcy  discharge  as  releasing  di- 
rectors or  stockholders'  liability. 
1913A-723. 

Changing  remedy  to  enforce  stockholders* 
liability,  constitutionality  of  retro- 
spective act.     5-324;   7-84. 

Contribution  between  stockholders,  right 
to  enforce.     4-734. 

Debts  for  which  stockholder  is  liable  as 
including  claim  for  tort.     19-138. 

Defectively  organized  corporation,  indi- 
vidual liability  of  members  or  stock- 
holders for  debts.     15-1144. 

Discharge  of  liability,  voluntary  payment 
by  stockholder  of  full  quota  of  lia- 
bility to  creditor  or  creditors  as  dis- 
charging him  from  further  liability. 
1913D-71. 

Enforcement  of  stockholder's  liability 
against  estate,  heirs  or  devisees. 
1913A-384;   1915B-828;   19160-685. 

— ^foreign  receiver's  right  to  enforce  stock- 
holder's liability.     5-573. 

Exhausting  remedy  against  corporation, 
necessity  before  enforcing  stock- 
holders' liability.     2-28;   16-1152. 

Forfeiture  of  stock  on  account  of  non- 
payment of  subscription  as  affecting 
corporate  creditors.     1912B-494. 

Limitation  of  action  to  enforce  stock- 
holder's  statutory   liability.      3-505. 

Married  woman,  liability  as  stockholder. 
1912C-400. 

Oral  promise  of  stockholder  to  pay  corpo- 
rate debt  as  within  statute  of  frauds. 
1912B-222;      1913D-851;      1914B-754; 

1917D-3o8. 


CORPORATIONS— Continued. 

Overissues  of  stock,  liability  of  holder  for 
payment  at  suit  of  corporation.  2- 
253. 

Personal  liability  of  stockholders  for  cor- 
porate obligations  under  statute.  2- 
30. 

Pledge  of  stock  as  collateral  security, 
liability  of  holder  for  corporate  debts 
or  calls.     10-783;   21-108;    1916C-567. 

Purchase  of  stock  at  less  than  par  value, 
liability  of  stockholder  to  creditors. 
5-667. 

— property  or  services  less  than  par  value 
in  exchange  for  stock,  liability  of 
stockholder  to  creditors  of  corpora- 
tion.    1915A-1269. 

Suretyship,  contribution  between  stock- 
holders who  become  sureties  for  cor- 
poration.    1916B-361. 

Transfers  of  stock,  liability  as  stockholder 
of  transferrer  of  stock  not  entered  on 
corporate  books.     14-898. 

— statute  imposing  liability  for  corporate 
debts  after  bona  fide  transfer  of 
stock,  validity  and  effect.  1917A- 
109. 

— stock  transferred  to  escape  liability  for 
corporate  debts,  liability  of  stock- 
holder.    6-428;   18-341. 

— transferee's  liability  for  corporate 
debts.     3-1120;   1914B-754. 

Waiver,  creditor's  knowledge  that  stock 
is  unpaid  as  waiver  of  stockholder's 
liability.     10-90. 

I.    Stockholders'  Actions. 

Action  between  members,  or  between  cor- 
poration and  member,  admissibility 
in  evidence  of  books  or  records  of 
corporation.      1917D-558. 

Attorney  employed  by  majority  stock- 
holders, right  to  recover  for  services 
where  litigation  results  favorably  to 
minority.     1912C-3S0. 

Fraudulent  transaction  consummated  at 
expense  of  corporation  before  acquisi- 
tion of  stock,  right  of  stockholder  to 
sue  to  set  aside.     1912D-1100. 

Prior  application  to  stockholders  for  re- 
lief in  addition  to  demanding  that 
corporate  officers  institute  suit,  as 
necessity  before  bringing  action  him- 
self.    1914A-782. 

Ultra  vires  act,  acceptance  by  stockholder 
of  benefits  as  affecting  right  to  equi- 
table relief.     6-126. 


CORPORATIONS. 


207 


CORPORATIONS— Continued. 

13.    Corporate   Bonds   and  Securities. 

Exchange  of  bonds  for  stock  of  railroad 
as  violation  of  statute  prohibiting 
sale  of  municipal  bonds  at  less  thau 
par.     1913E-86. 

Individual  holder  of  bond  or  coupon  se- 
cured by  mortgage,  right  of  action. 
1915D-981. 

Mortgages,  bidding  in  property  for  benefit 
of  bondholders,  power  of  trustee  in 
corporate    mortgage.     1915A-237. 

Trustees'  liability  as  for  negligence  to 
bondholders.     1915A-239. 


14.    Consolidation  of  Corporations. 

Assent  of  all  stockholders  to  consolida- 
tion,  necessity.      19-1266;    1918A-165. 

Fraud,  right  of  action  by  corporation  as 
passing  by  transfer  of  assets  to  new 
corporation.      1915B-951. 

Mortgage  bonds,  power  of  consolidated 
corporation  to  issue.     20-1282. 

Remedy  of  creditor  against  corporation 
which  has  become  merged  in  another. 
1914C-449. 

Right  of  corporations  to  consolidate  in 
absence  of  legislative  authority. 
1913A-1192. 

Special  or  local  laws  annexing  or  consoli- 
dating corporations,  constitutionality. 
3-499. 

Trusts,  power  of  successor  to  corporation 
designated  as  trustee  to  execute 
trust,      1915D-934. 


15.     Duration,  Dissolution    and  Extension. 
Generally. 

Concentration  of  stock  in  hands  of  one 
person  as  effecting  dissolution  of  cor- 
poration.     8-1076. 

Continuance  of  corporate  existence,  pre- 
sumption as  to  continuance.  1916B- 
1013. 

Direct  proceeding  to  forfeit  special 
franchise  of  corporation,  necessity. 
1916B-179. 

Duration  of  corporate  existence,  construc- 
tion of  statutory  or  charter  provisiou. 
19-1213. 

Eleemosynary  institution,  disposition  of 
realty  on  dissolution.     1913A-1012. 


CORPORATIONS— Continued. 

Extension  of  life  of  corporation  as  con- 
tinuation of  old  or  creation  of  new 
corporation.     1914B-390. 

Foreign  corporation,  dissolution  by  court. 
1913E-459. 

Forfeiture  of  franchise,  as  penalty  for 
violation  of  law,  kind  of  judgment 
within  discretion  of  court  to  enter. 
1912D-822. 

Fraud  as  ground  for  suit  by  minority 
stockholder  to  wind  up  or  dissolve 
corporation.     15-426. 

Majority  of  stockholders,  right  to  dis- 
solve going  business  corporation 
against  protest  of  minority.  19 13  A - 
375. 

Minority  stockholder  or  stockholders, 
right  to  maintain  suit  to  wind  up  or 
dissolve  corporation.  15-422;  1918E- 
■  424. 

Preferred  stockholders,  preference  in  dis- 
tribution of  assets  of  corporation. 
20-122. 

Religious  society,  termination  of  exist- 
ence.    1918D-1056. 

Tax  exemption  applying  to  one  consoli- 
dator  as  applicable  to  merged  corpo- 
rations.    13-683. 

Effect  of  Dissolution. 
Abatement   of   action   against  corporation 

to    recover    penalty    or    forfeiture    as 

arising   from  its   dissolution.     1917A- 

1180. 
Attachment  as  dissolved  by  dissolution  of 

corporation.     1917A-159. 
Attorney    and    client,    relation    as    termi- 
nated   by    dissolution    of   corporation. 

1913A-714. 
Fire    insurance    company,    dissolution    as 

canceling   policies.      1915A-1236. 
Leases,  effect  of  dissolution  of  corporation 

upon  its  contracts  of  lease.     13-577. 
Power  of  corporation  after  dissolution  to 

prosecute   pending   or   new  suit.     17- 

225. 
Wages     for     unexpired     contract     period, 

liability  on  dissolution  or  transfer  of 

business.     6-236. 

16.     Insolvency  and  Receivers. 

Contract  for  services  of  officer  or  agent 
as  breached  by  appointment  of  re- 
ceiver.    1912A-470. 


208    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


COEPOBATIONS— Continued. 

Creditor  entitled  to  apply  for  appointment 
of  receiver,  who  is.     1912A-901. 

Deadlock  in  corporate  affairs  as  ground 
for  appointment.     1914B-240. 

Distribution  of  assets  on  insolvency, 
preference  to  class  other  than  that 
enumerated  by  statute,  right  of  court 
to  allow.     1912B-1248. 

Foreign  corporation,  appointment  of  re- 
ceiver for.     1913E-459. 

Misconduct  of  officers  or  directors  as 
ground  for  appointment  of  receiver. 
17-916;  I915B-581. 

Preference  to  creditors,  right  of  insolvent 
corporation.     15-1218. 

Bailroad  in  hands  of  receiver,  service  of 
process  on  railroad.     1915B-597. 

Eeceivers'  certificates,  power  of  receiver 
of  corporation  to   issue.      1913C-40, 

Eight  of  corporate  officers  to  act  for  them- 
selves in  opposition  to  corporation 
after  it  becomes  insolvent.  1915B- 
197. 

Securities  deposited  with  state,  right  to 
proceeds  on  dissolution  or  insolvency. 
1914D-439. 

Tort  committed  by  corporation  prior  to 
appointment  of  receiver,  liability  of 
latter.     1912A-589. 

Trust  fund  doctrine  as  applicable  to  cor- 
poration which  is  going  concern  irre- 
spective of  its  actual  solvency. 
1913E-191. 

"Wages  as  preferred  claims  against  assets 
in  hands  of  receiver  of  corporation. 
3-707. 


17.    Regulation  of  Corporations. 

Connections  with  each  other,  power  of 
state  or  public  service  commission  to 
compel  public  service  corporations  to 
make.     1915C-850. 

Legislative  committee,  power  to  make 
investigation  of  private  affairs  of 
corporation.      1916B-1063. 

Kates  for  public  service  corporation  fixed 
by  city,  right  of  city  to  object  to 
change  by  state  or  public  commission. 
1913D-89. 

— minimum  rate  to  be  charged  by  public 
service  corporation,  validity  of  regu- 
lation fixing.     1916A-933. 


CORPOEATIONS— Continued. 

— power  of  courts  to  fix  or  regulate  rates 
of  public  service  corporation.  9-823; 
1916B-289. 

— validity  of  statute  conferring  on  com- 
mission power  to  fix  rates.     14-614. 

Eelief  from  obligations  of  charter,  power 
of  municipality  by  ordinance  to  grant 
public  service  corporation.  1914D- 
1071. 

Eules  and  regulations  for  conduct  of 
quasi-public  business,  reasonableness 
as  question  of  law  or  fact.     3-715. 

18.    Taxation  of  Corporations. 

"Carrying  on  business"  in  state,  what 
constitutes  within  statute  exempting 
from  taxation.     18—33. 

Contract  between  municipality  and  cor- 
poration by  which  latter  is  to  render 
services  equal  to  amount  of  taxes, 
validity.      1914A-1263. 

Double  taxation,  assessment  on  shares  of 
stock  and  capital  stock  or  property 
as  constituting.  7-1195;  13-636;  15— 
895. 

Exemption  from  taxation  in  corporate 
charter,  right  of  legislature  to  repeal. 
13-681. 

— what  included  in  exemption  of  capital 
stock  from   taxation.     4-37. 

Foreign  corporation  shares  of  stock,  lia- 
bility to  taxation  within  state. 
1916C-829,  841,  844. 

Franchises,  place  of  taxation.     7-518. 
— taxation    as    realty    or   personalty.      19- 
167. 

Income  taxes  as  affecting  corporations^ 
1913C-1008. 

— situs  of  corporation  for  purpose  of  in- 
come tax.     1918A-426. 

Inheritance  tax,  exemption  from  taxation 
in  statute  or  charter  as  exemption 
from  inheritance   tax.      1915B-1053. 

—foreign  charitable  corporations,  liability 
of  bequests.     1-238;   1912B-994. 

— situs  of  corporate  stock  for  purpose  of 
succession    tax.      13-741;    1918A-555. 

License  tax  or  fee,  imposition  on  foreign 
corporation.  3-632;         1913C-812; 

1916C-I248;     1918C-620. 

—interstate  business  of  foreign  corpora- 
tion as  subject  to  license  tax  or  fee. 
1913C-813;    1916C-1249. 


CORPORATIONS. 


209 


CORPOEAtlONS— Continued. 

Mileage  basis,  propriety  of  using  in 
assessing  value  of  franchise  of  com- 
mon   carrier.      1914B-199. 

Partial  invalidity  of  statute  relating  to 
taxation  of  corporations.     1916D-91. 

Place     of     taxation     of     corporation     for 
•  tangible   personalty   as   dependent   on 
location   of   principal   office.     19-958. 

Stock  transfers,  taxation  of.  6-523;  9- 
738;  10-107. 

Tangible  personalty  in  foreign  jurisdic- 
tion, right  of  state  to  tax.     4-49S. 

19.    Actions  by  and  Against  Corporations. 

Appropriation  of  property  by  corporation 
without  compensation,  time  to  bring 
action.     1913E-1139. 

Argument  of  counsel,  comment  by  counsel 
on  fact  that  party  to  action  is  corpo- 
ration as  improper  argument.  1912A- 
1292. 

Estoppel  of  defendant  to  deny  corporate 
existence,  in  action  by  corporation. 
1914C-1250. 

Evidence  against  corporation,  compe- 
tency of  admission  or  declaration 
of    officer.     1912C-109. 

Mandamus  as  remedy  to  compel  per- 
formance of  duties  arising  out  of 
contract.  8-410;  12-112;  1912C- 
890. 

Mechanic's  lien,  service  of  notice  on 
agent  of  corporate  owner,  suffi- 
ciency.    16-356. 

Misnomer  of  defendant  corporation  in 
publication  notice  as  affecting  ju- 
risdiction   of    court.     1913B-1256. 

Pleading,  bare  allegation  of  corporate 
name  as  sufficient  allegation  of  cor- 
porate   existence.     1913C-336. 

— verification  of  pleading  by  corporation, 
manner     and    sufficiency.     1913A-212. 

— what  is  sufficient  allegation  of  cor- 
porate existence  in  action  by  or 
against    corporation.     1913C-335. 

Preservation  of  corporate  assets,  right 
of  pledgee  of  stock  to  maintain  ac- 
tion  for.     12-620. 

Production  of  books  and  papers  of  cor- 
poration, power  of  court  to  compel 
by  person  whom  they  may  incrimi- 
nate.    1912D-569. 

Index  to  Notes — 14 


CORPORATIONS— Continued. 

Quo  warranto,  joinder  of  corporation  as 
party.     1918D-216,    222. 

— proper  parties  defendant  in  quo  war- 
ranto against  corporation.  191 3  A- 
570;    1918D-228. 

Specific  performance,  resolution  by  board 
of  directors  for  sale  of  land  as  en- 
forceable   by    suit.     7-672. 

.Witnesses,    privilege    of    witness  against 

self-crimination  as  extending  to  cor- 
poration.    1916A-380. 

t— transactions  with  decedent,  compe- 
tency of  officers  or  agents  to  testify. 
9-181. 

\ 

20.    Foreign  Corporations. 

Generally. 

Additional  burden  after  compliance  with 
conditions  for  doing  business  in 
state,  power  of  state  to  impose. 
9-981;    17-1251. 

Adverse  possession,  right  of  foreign  cor- 
poration to  acquire  title  by.     1915C- 

774. 

Attachment  against  foreign  corporation 
on  ground  of  nonresidence.  1916E- 
362. 

— cars  of  foreign  railroad  as  subject  to 
attachment  or  garnishment.  2-349; 
11-910. 

— shares  of  nonresident  in  stock  of  for- 
eign corporation  as  subject  to  at- 
tachment.    1915A-570. 

Burglary  insurance,  right  of  insurance 
company  to  engage  in  business  in 
foreign    state.     1913C-1177. 

Combination  in  restraint  of  trade,  agree- 
ment among  foreign  corporations  to 
withdraw  from  state  as.  1915A- 
256. 

"Corporation"  as  including  foreign  cor- 
poration.    13-814;    1915D-569. 

Court  interference  with  internal  affairs 
of  foreign  corporations.  19-84; 
1913E-457;    1917A-389;    1917B-637. 

Doing  business  within  state,  exclusive 
agency  for  handling  goods  to  be 
compensated  by  profits  on  sales  as 
constituting.     1916E-417. 

— liability  to  suit  within  state  as  af- 
fected by  ceasing  to  do  business 
within  state.  6-295;  1916D-378; 
1918A-397. 


210    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


COBPOBATIONS — (Jontinued. 

— ownership  of  stock  of  domestic  cor- 
poration as  doing  business  in  state. 
1913E-1157. 

-^what  constitutes  doing  business  in 
state.  2-307;  6-744;  8-942;  11-320; 
1912A-553;  1913E-1154;  1916A-515; 
1918C-539;    1918E-1248. 

Eminent  domain,  power  of  foreign  cor- 
poration to  exercise  right.  1915C- 
929. 

Inspection  of  books  of  foreign  corpora- 
tion,  right   to.     1913E-457. 

Limitation  of  actions,  right  of  foreign 
corporation  to  plead.  1-9;  21-624; 
1915D-913;    1917C-1024;    1917E-427. 

' — statute  as  suspended  by  institution  of 
fiction  by  foreign  corporation  before 
compliance  with  domestic  statute. 
1913A-1326. 

Heal  property,  right  to  acquire  and  hold 
by   devise.     6-735. 

Regulatory  statute,  right  of  foreign  cor- 
poration to  question  validity.    1913C- 

1287. 

Eemoval  of  action  brought  against  it 
into  federal  court,  validity  of  pro- 
hibitory   statute.     6-325;    1912C-1160. 

— when  defendant  corporation  is  entitled 
to  removal  of  cause  on  ground  of 
diverse    citizenship.     12-520. 

Suits  against  foreign  corporations,  in 
domestic  forum  by  nonresidents. 
2-210. 

Trustee  of  charitable  trust,  powers  of 
foreign  corporation.     8-1182. 


CORPORATIONS— Continued.    • 

— verification  of  pleadings,  who  may 
make  for  foreign  corporation. 
1913A-213. 


Service  of  Process. 

Action  arising  out  of  transaction  in 
another  state,  right  to  serve  process 
on  public  official  or  designated  agent 
of    foreign    corporation.     1918A-392! 

Agent  on  whom  process  may  be  served, 
validity  of  statute  designating  par- 
ticular  kind.     1916E-339. 

— who  is  "agent"  within  statute  provid- 
ing for  service  of  process.  19-200; 
1914D-985. 

Exclusive  mode  of  service,  statute  re- 
quiring foreign  corporation  to  desig- 
nate person  upon  whom  process 
may  be  served  as  providing  exclu- 
sive mode   of  service.     5-953. 

Nonresident  suitors,  applicability  of 
statute  requiring  foreign  corporation 
to  grant  irrevocable  power  of  at- 
torney to  state  official  to  accept 
service    of    process.     13-53. 

Resident  agent  for  service  of  process, 
validity  of  statute  requiring  ap- 
pointment.    6—42. 

— effect  of  partial  invalidity  of  statute 
relating  to.     1916D-39. 

Revocation  of  agent's  designation  for 
service  of  process  as  affecting  lia- 
bility to  suit  within  state.  6-295; 
1916D-378;    1918A-397. 


Compliance  With  Statutes. 

Contracts,  effect  upon  contract  of  non- 
compliance with  domestic  statutes. 
2-63;  4-814;  6-639;  7-219,  224;  13- 
512;    1914A-702;    1915C-165, 

— right  of  noncomplying  company  to  en- 
force   domestic    contract.     9-338. 

Estoppel  of  foreign  corporation  to  allege 
noncompliance  with  domestic  statute, 
as  defense  to  enforcement  of  con- 
tract.    13-514. 

Pleading,  compliance  with  domestic  stat- 
ute, necessity  that  complaint  in  ac- 
tion  allege.     2-1004;    13-69. 

— noncompliance  with  domestic  statutes, 
necessity  of  pleading  specially.  9- 
492. 


CORPSE. 

See  Dead  Bodies: 


CORPUS  DELICTI. 

Arson,  proof,  necessity,  manner  and  suffi- 
ciency.    13-803;   1914C-330. 

Definition  of  corpus  delicti  and  necessity 
of   proof.     1-823. 

Embezzlement,    proof    in   prosecution    for. 

17-630. 

Forgery,    corpus    delicti    as    showable    by 
proof    of    other    forgeries.     1912C-92. 

Larceny,    proof   of   corpus    delicti    by    cir- 
cumstantial   evidence.     16-1214, 


CORRECTION— CORRUPT  PRACTICES  ACT. 


211 


CORRECTION. 

Alteration  of  instrument,  correcting 
name  of  party  as  material.  1912A- 
1045. 

Appellate  court,  power  to  coi-reet  its 
final  judgmerit  before  remand  to 
lower  court  for  execution.  1914D- 
1297. 

Eminent  domain,  correction  or  amend- 
ment of  report  of  commissioners. 
1915A-722. 

Judgment,    correction     at     suit     of    third 

party,     19-1103. 
—criminal  judgment,  power  of  trial  court 

to     revise,     correct    or    amend    after 

judgment.     11-298. . 
— power   of  court   at   subsequent  term   to 

correct  judgment   on.  evidence  dehors 

record.    1913E-349. 


CORRESPONDENCE. 

See  Letters. 

Attorney  and  client,  letters  between  as 
privileged    communication.     1913A-25. 

Contracts  effected  by  correspondence, 
time  when  complete.     6-378. 

Handwriting,  competency  of  nonexpert 
to  testify   to.     8-1035. 

Publication  of  private  letters,  right  to 
restrain.     1912D-555;     1915B-105. 

Subpoena  duces  tecum,  sufBciency  of  de- 
scription  of  letters.     15-644. 

Trustee's  acknowledgment  of  holding  in 
trust  by  letter  as  sufficient  declara- 
tion of   express  trust.    1913B-1026. 


CORRESPONDENCE 
SCHOOL. 

Carrying  on  school  as  interstate  com- 
merce.    14-967;  18-1109. 

CORROBORATION. 

Accessory  after  fact,  necessity  of  cor- 
roboration   of    testimony.     5-763. 

Accomplices,  confession  of  defendant  as 
sufficient  corroboration  of  accom- 
plice.    1916C-570. 

— ^necessity  as  to  cautionary  instruction 
as  to  conviction  upon  uncorroborated 
evidence.     15-699. 


COREOBOEATION — Continued. 

Confessions,  necessity  for  corroboration. 
10-913;    1912B-1249. 

Divorce,  necessity  of  corroboration. 
1913B-3. 

Homicide,  threats  by  deceased,  admissi- 
bility in  evidence  of  uncommuni- 
cated  threats  in  corroboration  of  de- 
fendant.    1912C-485. 

Incest,  necessity  as  to  corroboration  of 
prosecutrix.     18-975. 

Nonproduction  of  corroborative  evidence 
as  raising  presumption  against  party. 
1914A-915. 

Perjury,  number  of  witnesses  and  cor- 
roborative evidence  necessary  to 
support   conviction.     6-812. 

Eape,  necessity  and  sufficiency  as  to  tes- 
timony of  prosecutrix.  ■6-771;  17- 
413;   1913D-660. 

Seduction,  necessity  that  female  should 
be  corroborated  and  elements  to 
which  corroboration  must  extend. 
19-869;    1918E-468. 

— preparations  for  marriage  as  corrobora- 
tive evidence  of  promise  to  marry. 
1915C-138. 

Witnesses,  admissibility,  after  proof  of 
prior  inconsistent  statements,  of 
prior  consistent  statements  of  wit- 
ness.    8-477;    1915A-512. 

— prior  consistent  statement  of  witness 
who  has  not  been  impeached,  admis- 
sibility.    1915D-338. 

— reputation  of  witness  at  former  resi- 
dence, admissibility  to  sustain  his 
testimony.     12-395. 

CORRUPT  PRACTICES 
ACT. 

Advertising  with  respect  to  political 
candidacy,  statute  prohibiting. 

1916A-907. 

Campaign  expenditures,  statute  limiting 
as  violating  constitutional  liberty  of 
speech    and    press.     1915B-1186. 

Contribution  by  person  other  than  candi- 
date to  election  expenses,  validity 
and  construction  of  statute  regulat- 
ing.    1918E-173. 

Expense  statement,  validity  and  con- 
struction of  statute  requiring  candi- 
date at  primary  or  election  to  file. 
1915A-366. 


212    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


COSTS. 

1.  In  General. 

2.  Elements. 

3.  Persons  Entitled. 

4.  Persons  Liable. 

5.  Security  for  Costs. 

1.    In    General. 

Appellate  court,  power  to  award  on  dis- 
missal of  appeal  for  want  of  juris- 
diction.    13-1048. 

Attorney,  imposition  of  costs  on  attorney 
for    misconduct.     1917B-43. 

Contempt  proceeding,  imposition  of  costs 
and   counsel  fees.     1913B-565. 

Continuance  conditioned  on  payment  of 
costs.     1913A-308. 

Divorce,  power  of  court  to  decree  costs 
and  alimony  against  defendant  not 
personally   served.     2-819;    14-362. 

Exemption  from  execution  as  applicable 
to  judgment  or  liability  for  costs. 
13-258. 

Indemnity  against  costs  and  expenses  of 
suit,  application  of  statute  of  frauds 
to  promise  therefor.     6-673. 

Intoxicating  liquors,  penalty  for  viola- 
tion of  statute,  costs  in  action  for. 
1916E-873. 

Judgment,  joint  or  several  judgment  in 
case  of  joint  conviction  of  defend- 
ants  for    crime.     1913C-78. 

Jury  fees,  constitutionality  of  statutes 
requiring  prepayment  or  taxation. 
5-930;    12-378;    1917B-308. 

Juvenile  court,  power  to  award  costs. 
I916E-1018. 

Matrimonial  action,  allowance  of  attor- 
ney fees  after  reconciliation  of  par- 
ties, power  of  court.     1913A-798. 

— appeal  in  matrimonial  action,  allow- 
ance of  costs  pending  appeal.  3-51; 
15-229;    191oB-1249. 

Mechanics'  liens,  taxing  attorneys'  fees, 
validity  of  statute  providing  for. 
11-714. 

New  trial,  ejectment  proceeding,  pay- 
ment as  condition  precedent  to  new 
trial.     1914C-738. 


COSTS — Continued. 

—imposition  of  costs  as  condition  for 
granting  new  trial  for  insufficiency  of 
evidence.     7-183;     20-41;     1914C-728. 

I — ^payment  as  condition  precedent  to  new 
trial,  under  order  opening  default 
and  granting  new  trial  on  payment 
of    costs.     1912B-249. 

Public  utility,  compensation  payable  by 
municipality  on  acquiring  as  includ- 
ing costs  of  proceeding.  1915B- 
1177. 

Eemoval  of  causes,  taxation  of  costs 
accrued  prior  to  removal.  1912A- 
1279. 

Keview  of  allowance  inter  partes  in 
equity  case.     21-802. 

— chancery  decree  for  costs  only,  review 
of.     6-100. 

Ships  and  shipping,  proceedings  to  limit 
vessel  owner's  liability,  allowance  of 
costs.     1913D-1236. 


2.    Elements. 

Attorney's  fees,  action  for  personal  ser- 
vices, validity  of  statute  allowing 
taxation.     17-282. 

■ — appeal  bond,  right  to  recover  in  action 
on.     15-723. 

Expense  of  procuring  bond  in  action  as 
taxable    item    of    costs.     19-1261. 

Witnesses,  fees,  mileage,  etc.,  of  wit- 
ness subpoenaed  but  not  testifying 
as  taxable.    ■6-1017. 


3.    Persons    Entitled. 

Attorneys'  fees,  party  appearing  for  him- 
self,  right   to   tax   as   costs.     5-834. 

Taxable  costs  as  property  of  attorney 
or   client.     21-1042. 

Wills,  action  to  construe  will,  allowance 
to  unsuccessful  party  of  costs  and 
counsel  fees.     1915C-714. 

— contest,  money  expended  in  unsuccess- 
ful attempt  to  sustain  will,  right  of 
person  named  as  executor  in  will 
to  recover  from  estate  money  ex- 
pended.    1918D-166. 


4.    Persons    Liable. 

Attorney,     personal     liability     for     costs. 
21-879. 


COSURETYSHIP— COUNTIES. 


213 


COSTS — Continued. 

County  chargeable  with  expense  of  trial 
in  case  of  change  of  venue.  1913B- 
187. 

—liability    for    costs.     1914B-892. 

Covenantor  of  warranty  or  against  in- 
cumbrances as  bound  to  pay  ex- 
penses of  successfully  defending 
against    assault    on    title.     1913B-873. 

Divorce,  counsel  fees  incurred  by  wife, 
liability   of  husband.     15-21. 

Eminent  domain  proceedings,  liability  of 
land  owner  for  costs  on  appeal. 
1912C-533;    1916E-692;    1917E-262. 

Guardian  or  next  friend  of  infant,  lia- 
bility for  costs  as  affected  by  latter'a 
attaining   majority.     1914A-606. 

Liability  insurance,  costs,  counsel  fees, 
etc.,  incurred  in  defending  suit  where 
insurer  fails  to  defend,  right  of  in- 
sured to  recover  from  insurer. 
1913E-111. 

Public  officer,  liability  for  costs.  1915D- 
563. 

Eeversal  of  judgment  by  appellate  court 
as  affecting  liability  for  costs  of 
trial  court.     4-79. 

State  or  federal  government,  liability  for 
costs.     8-398. 

Stranger  to  record  who  is  real  party  in 
interest,  right  to  tax  against. 
1912D-1112. 


5.    Security    for    Costa. 

Bond  for  costs,  sufficiency  with  respect 
to   form    and    contents.     1913D-575. 

Dismissal  of  action  for  failure  to  give 
security  for  costs  as  affecting  new 
action  on  demand  barred  by  limita- 
tion.    3-97. 

Next  friend,  power  of  court  to  require 
security  from  next  friend  where  ho 
is  not  proper  party  to  prosecute  suit. 
1914A-946. 

Security  after  answer,  right  of  defendant 
to    demand.     8-944. 

Surety  on  cost  bond,  judgment  against 
principal  as  evidence  against  surety. 
1915D-410. 


COSURETYSHIP. 

See  Suretyship. 


COTENANCY. 

See  Joint  Tenancy;  Tenants  in  Conmion. 

Nature  of  estate  created  as  joint  tenancy 
or  tenancy  in  common.  1917B-57, 
116,  119,  121. 

COTTON-GIN    HOUSE. 

Burglary,  description  in  indictment,  suffi- 
ciency.    1913D-874. 

COUaHING  FIT. 

Accident  arising  out  of  and  in  course  of 
employment  within  Workmen's  Com- 
pensation Acts.     1913C-11. 

COUNCIL. 

See  Municipal  Corporations. 

COUNCILMAN. 

Councilman  as  municipal  officer.  1914D- 
1230. 

COUNSEL. 

See   Attorneys. 

COUNTERCLAIM. 

See  Setoff  and  Counterclaim. 


COUNTERFEIT  MONEY. 

Advertising  counterfeit  money,  prohibi- 
tory   statutes.     1916A-904. 

Inducement  to  commit  offense  of  counter- 
feiting with  view  to  prosecution  as 
defense.     17-296. 

Proposal  to  sell  as  scheme  to  defraud 
within  postal  laws  prohibiting  use  of 
mails  in  furtherance  thereof.  1914D- 
1248. 


COUNTERSIGN. 

Meaning  of    term.     1913D-316. 

COUNTIES. 

1.  In  General. 

2.  Creation  of  New  Counties. 

3.  Claims  Against  Counties. 

4.  Contracts  and  Fiscal  Management. 

5.  Costs. 


214    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


COUNTIES — Continued. 

1.    In  General. 

Bridges,  maintenance  and  operation,  lia- 
bility in   respect   to.     15-835. 

— tolls  on  bridges  under  control  of 
county,    right    to    collect.     1914D-515. 

Certiorari  to  review  highway  proceedings, 
right   of    county   to    bring,     18-669. 

County  courts,  efTect  of  partial  invalidity 
of  statute  relating  to.     1916D-42. 

Criminal  offenses,  jurisdiction  of  offenses 
committed  in  territory  out  of  which 
new  county  is  created.  14-555; 
1914B-348. 

Delegation  of  power  by  legislature  to 
county  to  enact  criminal  ordinances. 
7-743. 

Devise  of  real  estate  to  county,  power  to 
take.     1914A-1192. 

Election  contest  relating  to  county  seat, 
equity    jurisdiction.     1912C-692. 

Eminent  domain,  right  of  county  to  exer- 
cise  power.     1913E-1079. 

— 'Waiver  by  land  owner  of  right  to  com- 
pensation.    8-855. 

Ferries  operated  by  county,  right  to  lease. 
2-694. 

Investigation  of  county  government  by 
legislative   committee.     1916B-1060. 

Judgment  lien  against  property  of  county. 
4-102. 

Judicial  notice,  courthouse  or  county 
seat,  judicial  notice  of  location.  12- 
937. 

— ^location,  area,  and  division  of  counties. 
12-933. 

Jury,  effect  on  competency  of  juror  of 
residence  in  county  or  municipality 
interested  in  suit.     €-961;  1913A-120. 

Limitation  of  actions,  right  to  plead  stat- 
ute against  county.     8-98. 

Militia,  validity  of  statutes  requiring 
county   to   support.     1-128. 

Municipal  corporation,  county  as.  1914C- 
968. 

Officers,  assistant  prosecuting  attorney 
appointed  by  court,  liability  of 
county  for   compensation.     17-336. 

— effect  of  partial  invalidity  of  statute 
relating    to    compensation.     1916D-82. 

— salary,  right  of  officer  to  recover  in- 
terest on  overdue  salary.     1914D-408. . 


COUNTIES — Continued. 

Paupers,  relief,  liability  of  municipality 
or  proper  officers  for  failure  to  fur- 
nish.    1913D-1074. 

—support  of  unsettled  or  transient  pauper, 
liability.     1913C-82. 

Quarantined  persons,  liability  for  ex- 
penses  of.     5-233. 

Quo   warranto  against   county.     8-322. 

State  funds,  right  of  county  to  maintain 
action  to  restrain  expenditure. 
1913C-669. 

Statutes  relating  to  counties,  effect  of 
partial  invalidity.     1916D-40. 

— local  statutes,  statutes  relating  to  coun- 
ties as  local.     4-661. 

Streets  of  city,  jurisdiction  as  between 
city  and  county  including  city. 
1914A-1051. 


2.    Creation    of  New   Counties. 

Division  of  territory  by  legislature,  time 
of  apportionment  of  assets  or  liabili- 
ties.    18-324. 

New  county,  creation  only  on  ratification 
by  voters  within  territory  affected, 
validity  of  statute.     1914C-626. 


S.     Claims   Against   Counties. 

Creditor's   bill   as   reaching   claim    against 
county.     1914B-957. 

Garnishment,  liability  of  county.     3-180. 

Part    payment    as    satisfaction     of    claim 
against  county.     1914D-824. 


4.     Contracts  and  Fiscal  Management. 

Appropriation  of  money  for  defense  of 
officers,  power  of  county  to  make.  3- 
435. 

Bond  issues,  authority  of  public  officer  to 
complete  after  repeal  of  statute  au- 
thorizing  issue.     1916E-406. 

Contract  extending  beyond  term  of  office, 
power  of  members  of  board  of  county 
commissioners  to  make.     12-988. 

Expert  accountant  to  examine  public  ac- 
counts and  records,  power  of  county 
to  employ.  1913B-1087;  1916B-1035; 
1917D-442. 


COUNTY  CLE'RKS— COURTS. 


215 


COUNTIES— Continued. 

Indebtedness,  constitutional  limit  as  af- 
fected by  existence  of  two  or  more 
separate  political  bodies  wholly  or 
partly  coincident  in  territory.  1912C- 
449. 

"Necessary  expenses"  of  administration, 
what   constitute.     1918D-926. 

Eeal   estate,  power  to   sell.     1913E-528. 

Rewards,  power  to  offer.     3-157;  21-62. 

Search  for  property  omitted  from  taxa- 
tion, power  of  county  to  make  con- 
tract for.     4-140;   11-487. 

Securities  and  obligations,  necessary  par- 
ties in  action  to  determine  validity. 
5-858. 

Special  assessments,  liability  of  property 
in  absence  of  express  statutory  pro- 
visions.    16-887. 

— property  of  county  as  subject  to  special 
assessment.     1917D-847. 

Warrants,  interest  on.     3-459. 

— validity  of  warrants  made  dependent 
on  registration,  constitutionality  as 
to   pre-existing  warrants.     5-259. 

5.    Costs. 

Expense  of  trial  in  case  of  change  of 
venue,  county  chargeable  with. 
1913B-187. 

Jurors'  expenses  during  trial,  liability  of 
county.     17-1232. 

Liability  of  county  for  costs.     1914B-892. 

COUNTY  CLERKS. 

Necessary  expenses,  what  constitute. 
1918D-926. 


COUNTY  SEAT. 

Judicial  notice   of  location.     12-937. 
Power  of  trial  court  to  sit  at  place  other 
than  county  seat.     8-939. 


COUNTY  TREASURERS. 

Interest  received   on   public  funds,   liabil- 
ity for.     1918E-105. 


COUPLERS. 

Automatic,  failure  to  equip  cars  as  negli- 
gence per  se.     10-701. 

— what  cars,  vehicles,  etc.,  are  within 
statute    requiring.     1913A-949. 


COUPLERS — Continued. 

Keeping  in  repair,  construction  of  federal 

Safety  AppUance  Act.     14-239 ;  191 5D- 

319. 
Protection    of    employees    under    federal 

Employers'   Liability  Act.    1916E-474; 

1918B-58. 


COUPONS. 

Bonds,  individual  holder  of  coupon  se- 
cured by  mortgage,  right  of  action 
on.     1915D^981. 

• — interest  coupons  of  other  than  munici- 
pal bonds,  running  of  statute  of  limi- 
tations against.     1912A-733. 

Railroad  tickets,  construction  of  stipula- 
tion avoiding  coupon  if  detacned. 
19-457. 


COURSE  OF  CONDUCT. 

Cruelty  warranting  divorce,  habits  or 
course  of  conduct  of  spouse  as. 
1918B-480,  500. 

COURSE  OF  EMPLOYMENT. 

See  Workmen's  Compensation. 

COURTHOUSE. 

Judicial  notice  of  location.     12-937. 
Sales   at    courthouse,   proper   place    where 

courthouse   is   removed,  destroyed,   or 

there  is   more  than   one.     11-166. 
Statutes,    effect    of    partial    invalidity    of 

statute       relating       to       courthouses. 

1916D-41. 
Trial    at   place    other   than    courthouse    or 

courtroom,    power    of    court    to    hold. 

1917E-1050. 


COURTS. 

1.  In  (Jeneral. 

2.  Creation  and  Abolition. 

3.  Judges  Composing  Conrt. 

4.  Jurisdiction  and  Powers. 

A.  Geneeally. 

B.  Federal,  Courts. 

C.  State  Courts. 

D.  Municipal  Coubts. 

5.  Rules  of  Court. 

6.  Decisions. 


216    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


COUBTS — Continued. 

1.    In  Oenerai. 

"Adjournment"  of  court,  what  constitutes. 
1915B-773. 

"Any  court,"  legal  meaning  of  term. 
1916E-30. 

Classification  of  courts  according  to  popu- 
lation, validity.     15-861. 

"Court"  in  constitution  or  statute  as 
meaning   "judge."     1913E-388. 

Constitutional  provisions  relating  to 
courts  as  self -executing,  7-629;  18- 
200;  1914C-1117. 

Holding  court,  legal  holiday,  power  of 
court  to  sit  and  try  causes  on  legal 
holiday  other  than  Sunday.  5-919; 
11-559;  1916E-852. 

^-Sunday  performance  of  judicial  acts, 
validity.     1916B-6. 

— terms  of  court,  time  as  computed  by  ex- 
clusion or  inclusion  of  Sunday  or 
holiday.     1917E-937. 

— ^unauthorized  time  for  holding  court, 
validity     of    proceedings.     1912B-179. 

Judicial  power  within  constitutional 
theory  as  to  separation  of  powers  of 
government.     1913E-1097. 

Officers  and  attendants,  power  of  court  to 
appoint.     17-904. 

Place  of  holding  court,  home  of  witness, 

propriety     of     adjourning     court     to. 

1914A-369. 
— power    of    trial    court    to    sit    at    place 

other       than       county      seat.     8-939; 

1917E-1050. 

Statutes  relating  to  judicial  circuits  and 
districts  as   local   statutes.     4-662. 

— partial  invalidity  of  statute  relating  to 
courts,  effect.     1916D-42. 

2.    Creation  and  Abolition. 

Juvenile  court,  validity  of  statute  creat- 
ing.    7-831;    1914A-1227;    1915D-701. 

Power  of  legislature  to  create  or  abolish 
court  of  record.     1913C-1160. 


3.    Judges  Composing  Court. 

Changing  number  of  judges  sitting  in 
trial  or  appellate  court,  statute  as 
ex  post  facto  with  respect  to  offense 
committed  before  its  enactment. 
1912C-1121. 


COURTS — Continued. 

Court  official  as  municipal  officer.     1914D- 
1232. 

Number    of  judge's  necessary   to    transact 
business    of   court.     1912A-1251. 


4.    Jurisdiction   and   Powers. 

A.    Generally. 

Amicus  curiae,  functions  and  powers. 
1915A-194,  201,  203. 

Boards  and  officers,  review  by  court  of 
school  board  regulations  for  control 
and  discipline   of  pupils.     13-333. 

— supervisory  control  over  special  officers 
and  boards  exercising  discretionary 
powers.     2-543. 

"Case,"  meaning  as  used  in  statute  in 
sense  of  action  or  proceeding.  21- 
670. 

Chambers    or    vacation,    power    of    court 

with     respect     to     pleadings.     1916A- 

1228. 
' — contempt  as  punishable  at  chambers  or 

in  vacation.     1913B-35. 
— matrimonial    action,    right    of    court    to 

hear   in   camera.     1913E-639. 

Collateral  attack,  irregularities  in  service 
of  process  as  affecting  court's  juris- 
diction.    1-923. 

Concurrent  jurisdiction,  cause  also  triable 
in  another  jurisdiction,  discretion  of 
court  as  to  taking  jurisdiction.  3- 
1153. 

— probate  and  equity  courts,  concurrent 
jurisdiction  in  settlement  of  accounts 
of   personal   representatives.     2-872. 

■- — ^prohibition  to  restrain  court  from  inter- 
fering with  or  entertaining  suit 
where  court  of  concurrent  jurisdic- 
tion has  assumed  cognizance.     14-206. 

t — right  between  two  courts  of  concurrent 
jurisdiction  to  control  action.  1-409; 
1912A-lo0;   1915B-1117. 

Consul  or  other  commercial  agent  of  for- 
eign country,  jurisdiction  of  action 
against.     19-915. 

Contempt,  act  punishable  by  statut?, 
power  of  court  to  punish  as  for  con- 
tempt.    1915B-157. 

— violation  of  order  of  another  court, 
right  of  domestic  court  to  punish  as 
contempt.     11-1037. 

Courts-martial  as  subject  to  review  by 
civil   courts.     17-445. 


COURTS. 


217 


COUETS — Continued. 

Discretionary  power,  exercise  by  court  as 
due  process  of  law.     2-317. 

Drainage  district  formation,  jurisdiction 
of  courts.     1915C-18. 

Ecclesiastical  tribunal,  decision  with 
reference  to  consolidation  or  reunion 
of  churches,  review  thereof  as  within 
jurisdiction  of  civil   court.     19-289. 

Equity  jurisdiction,  boundary  lines,  juris- 
diction to  determine.     1915A-354. 

— damages  on  account  of  same  tort,  juris- 
diction of  several  actions  on  gronud 
of  multiplicity  of  suits.  16-694; 
1914B-697. 

— elections,  power  to  enjoin.  9-123; 
1912A-723;   1918E-1153. 

— political  rights,  jurisdiction  of  equity 
to"  protect.     1915C-898. 

— rule  that  assumption  for  one  purpose  is 
retention  for  ell  purposes.  1912A- 
803. 

— ^way  by  necessity,  jurisdiction  of  equity 
to  locate.     1916A-146. 

— wills,  jurisdiction  of  equity  to  retorm. 
1917D-1157. 

Estoppel  of  litigant  to  deny  jurisdiction 
by  previous  acts  or  conduct  admit- 
ting.    14-1044, 

Ex  parte  orders,  right  to  make  without 
formally  instituting  action.  1913B- 
104. 

Extradition  proceedings,  review  by  courts 
of  executive  action.     3-876. 

Federal  Employers'  Liability  Act,  jurisdic- 
tion of  action  under.     1916B-15o. 

— ^Pure  Food  and  Drugs  Act,  proceeding 
to    punish    violation.     1915A-48. 

Foreign  corporations,  interference  by 
courts  with  internal  affairs.  19-84; 
1913E-457;   1917A-389;   1917B-637. 

Governor  of  state,  immunity  from  judi- 
cial control.  3-391;  11-620;  1913B- 
789. 

Grand  juries,  review  of  action,  extent  of 
jurisdiction  of  courts.     1-842. 

Inherent  powers  of  court  generally. 
1914A-100. 

Initiative  or  referendum  proceedings,  judi- 
cial review.     1916B-829. 

Interstate  Commerce  Act,  action  against 
initial  carrier  under  Carmack  Amend- 
ment, jurisdiction  of  state  court. 
1915B-89. 


COUETS — Continued. 

— jurisdiction  of  action  for  damages  for 
violation  of  Interstate  Commerce  Act. 
4-773;   1912A-613. 

Local  conditions,  right  of  court  to  give 
effect    to    its    knowledge.     1915B-557. 

Mails,  interference  by  courts  with  receipt 
or  delivery.     17-1068. 

Mandamus  against  court  of  equal  dignity 
or  jurisdiction.     12-564. 

— private  person's  right  to  mandamus  to 
compel  court  or  magistrate  to  per- 
form  duty.     9-1074;    1912A-1118. 

— refusal  of  court  to  entertain  jurisdic- 
tion on  ground  of  discretion  when  it 
has  no  discretion  as  warranting  man- 
damus.    1915D-199. 

Military  reservation,  jurisdiction  to  prose- 
cute crimes  committed  on.  3-831; 
11-753. 

Municipal  corporations,  jurisdiction  of 
actions   against.     4-1170;    10-37. 

Passage  of  laws,  judicial  inquiry  into 
motives  prompting  enactment  of  legis- 
lative ordinance.  1-570;  1912A-716; 
1917B-834. 

Prohibition  against  entertaining  prosecu- 
tion on  ground  of  lack  of  jurisdiction 
in  trial   court.     18-263. 

Eate  regulation,  irrigation  company, 
power  of  court  to  fix  or  regulate 
rates.     16-799. 

— ^public  service  corporations,  power  of 
courts  to  fix  or  regulate  rates.  9- 
823;  1916B-289. 

Ileal  actions,  forum  in  which  action  for 
damages  to  realty  must  be  brought. 
3-344;  21-1314;  1913E-597;  191 7E- 
378. 

— setting  aside  sale  of  realty,  county  in 
which  action  must  be  brought.  3- 
727. 

"Eesidence"  as  synonymous  with  "domi- 
cile" in  statute  relating  to  jurisdic- 
tion.    1915C-789. 

Review  of  question  of  jurisdiction,  pro- 
hibition as  a  process.     1913D-595. 

Sovereign  or  foreign  state,  jurisdiction  of 
action  against.     14-575;  1918E-527. 

Taxpayers'  actions,  jurisdiction  of  courts. 
1913C-905. 

Territorial  extent  of  jurisdiction,  judicial 
notice  of.     12-928. 


218     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


COUETS — Continued, 

Torrens  Acts,  scope  of  jurisdiction  under. 
12-835. 

— courts    of    registration    under.     1913C- 

872. 

Trademarks,  jurisdiction  of  suit  for  in- 
fringement.    15-220. 

Trial  of  past  offenses,  power  of  legislature 
to    confer    jurisdiction.     1912A-888. 

Vacations,  power  of  court  with  respect  to 
pleadings.     1916A-1228.    " 

ATnount  in  Controversy. 

Counterclaim  or  setoff  in  excess  of  juris- 
diction, right  to  interpose.  1913D- 
159. 

Interest  accruing  after  suit  is  brought, 
inclusion  in  determining  amount  in 
controversy.     13-396. 

Eeduction  of  amount  due  on  promissory 
note  to  sum  within  jurisdiction  of 
court,   right   of  holder.     5-308. 

Matters  in  Other  Country,  State  or  County. 

Criminal  offense  committed  in  territory 
out  of  which  new  county  is  created. 
4-555;    1914B-348. 

Death  by  wrongful  act,  suit  in  foreign 
jurisdiction  under  statute  permitting 
recovery.  2-805;  13-1036;  1913D- 
570;    1914C-719, 

IHvorce  decree  passing  title  to  land  in 
enother  jurisdiction,  validity.    17-859. 

Fraudulent  conveyance  of  realty  situate 
in  another  state,  jurisdiction  to  set 
aside.     5-533. 

Homicide,  jurisdiction  of  prosecution 
where  act  occurs  in  one  state  or 
country  and  death  in  another.  1913E- 
468. 

Injunction  against  proceedings  in  another 
state  or  country,  power  of  court  to 
enjoin.  10-26;  16-673;  1913B-204; 
1915A-834;   1918B-1150. 

Partition  of  land  without  the  county,  juris- 
diction.    1912B-991. 

Perjury  committed  in  another  jurisdic- 
tion,  prosecution    of.     19-781. 

Personalty  located  in  another  state  or 
county,  jurisdiction  of  action  to  re- 
cover.    1912B-838. 

Receivers,  interference  with  receiver  out- 
side of  jurisdiction  as  subject  to 
court's   protection.     1915D-707. 


COUBTS — Continued. 

Trespass  on  realty  situate  in  another 
state,  power  of  court  to  enjoin.  8- 
519. 


Who  may  Apply  for  Belief. 

Exhibitor  at  fair  or  exposition,  right  to 
appeal  to  courts  from  decision  as  to 
award.     15-191. 

Life  insurance  policy-holder  entitled  to 
share  profits  or  surplus,  right  to  ap- 
ply to  courts  for  relief.     10-^03. 

School  teacher,  right  to  appeal  to  courts 
to  interfere  with  revocation  of 
license.     14-298. 

B.    Federal  Courts. 

Admiralty   jurisdiction,   action    for-  death 

by  wrongful  act.     13-1219. 
— suit  for  contribution.     20-1236. 
— torts,     jurisdiction     in     admiralty.     13- 

1216. 

Bankruptcy  ancillary  jurisdiction  of  pro- 
ceedings.    17-973. 

— appellate  jurisdiction  of  federal  supreme 
court.     16-1016. 

Circuit  court,  jurisdiction  as  affected  by 
amount  in  controversy  in  cases  of 
joint  parties  plaintiff  or  defendant. 
5-489.  ■ 

•Circuit  court  of  appeals,  jurisdiction  to 
review  question  of  jurisdiction  of  cir- 
cuit court.     9-387. 

— ^jurisdiction  to  review  criminal  cases  de- 
cided in  territorial  courts.     9-394. 

Contempt     procedure     in     federal     courts. 

1915D-1048. 
— power    of    federal    court    to    punish    for 

contempt.     1917C-1093. 

Foreign  creditor's  claim  against  decedent's 
estate,  jurisdiction  of  federal  court 
to    establish.     1913D-464. 

Practice  Conformity  Act,  meaning  of  word 
"near"  as  used  therein.     1913D-122. 

Proceedings  in  state  court  after  removal 
of  cause,  power  of  federal  court  to 
enjoin.     13-1071. 

State  rules  as  to  admissibility  of  evi- 
dence, federal  court  as  governed  by. 
1915B-846. 

Supreme  court,  original  jurisdiction  of 
United  States  supreme  court,  when 
state   may  invoke.     19120-528. 


COURTS. 


219 


COUETS — Continued. 

— state  boundaries,  original  jurisdiction 
of  United  States  supreme  court  of 
action    involving.     1912C-530. 

Territorial  courts,  review  of  decisions  in 
criminal  cases  hy  circuit  court  of  ap- 
peals.    9-394, 

C.    State  Courts. 

Federal  cdurt  proceedings,  power  of  state 
court  to  enjoin.     11-744. 

Habeas  corpus,  original  jurisdiction  of 
state  court  of  last  resort  to  issue  writ. 
1»13A-156. 

Inferior  state  courts,  applicability  of  full 
faith  and  credit  clause  of  federal  con- 
stitution.    21-1153. 

Interstate  shipment,  jurisdiction  of  state 
court  of  action  to  recover  overcharge 
for  freight.     1913D-272. 

Juvenile  courts,  establishment,  jurisdiction 
and   procedure.     1916E-1010. 

— partial  invalidity  of  statute  relating  to 
juvenile  court,  effect.     1916D-67. 

— power  to  punish  for  contempt.  1916E>- 
1014. 

Mandamus,  original  jurisdiction  of  court 
of  last  resort   to  issue  writ,     20-184. 

National  guard  member,  criminal  jurisdic- 
tion   of    state   court.     1917A-279. 

Naturalization,  power  of  state  court  to 
cancel    certificate.     1914B-229. 

— ^jurisdiction  of  state  court  in  naturaliza- 
tion proceeding.     19150-428. 

Patent  rights,  jurisdiction  of  state  court 
with  respect  to  action  involving. 
1916B-800. 

Probate  court,  jurisdiction  to  construe 
wills.     5-473, 

— ^probate  court  as  one  of  inferior  juris- 
diction,    4-1123. 

— questions  incidentally  involving  title  to 
real  estate,  power  of  probate  court  to 
determine,     5-192. 

— testamentary  trust,  jurisdiction  of  pro- 
bate  court  to  administer.     21-255. 

— title  to  property  as  between  estate  and 
stranger,  jurisdiction  of  probate  court 
to   determine.     6-878. 

Removed  cause,  dismissal  or  nonsuit  in 
federal  court  as  affecting  subsequent 
jurisdiction  of  state  court.  4-891; 
9-942;   1913A-332. 


COUETS — Continued, 

D.    Municipal  CotniTs. 

Mode  of  procedure  governing  municipal  or 
other  board  exercising  judicial  func- 
tions.    1915D-1083. 

Offenses  against  state  laws,  jurisdiction  of 
municipal  court   to   try.     18-53. 

5.    Bnles  of  Conrt. 

Contravention  of  common  law  or  statute, 
validity    of    rule.     19-801. 

Dispensing  with  introduction  of  evidence 
on  point  not  disputed  by  parties, 
validity  of  rule  of  court.     1912D-795. 

Disregard  of  rules,  power  of  court  to  dis- 
regard.    6-592. 

Jury  trial,  validity  of  court  rule  regulat- 
ing right  to   jury  trial,     1914B-11S4. 

Time  for  performance  of  act  under  court 
rule,  computation  where  last  day  falls 
on  Sunday.     7-325;   1914B-1036. 

6.    Decisions. 

Advisory  opinion  by  appellate  judges, 
force  and  effect.     1917A-495. 

Construction  given  to  statute  by  state 
court  subsequent  to  accrual  of  rights 
involved,  conclusiveness  upon  federal 
courts.     17-1211. 

Criminality  of  act  committed  after  decis- 
ion holding  statute  inapplicable  and 
before  reversal  of  decision.  1916E- 
373, 

. — effect  of  decision  upholding  statute  upon 
act  made  criminal  by  such  statute  but 
committed  subsequent  to  previous  de- 
cision declaring  statute  invalid. 
1912B-700. 

Dictum  of  state  court  or  decision  not  con- 
curred in  by  majority  of  judges,  bind- 
ing effect  on  federal  courts  as  to  con- 
struction of  state  statute.     13-573. 

■ — what  constitutes  dictum  of  court. 
1912C-1248. 

Ex  post  facto  laws,  constitutional  provi- 
sion against  as  applicable  to  judicial 
decision.     1914C-228, 

Impairment  of  obligation  of  contracts  by 
judicial  decision  as  not  matter  for 
federal  restraint.  4-93;  9-1121; 
1915C-578. 


220    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918B. 


COURTS — Continued. 

Opinions   of    courts  as   evidence.     19-404. 

— weight  and   effect  of  opinion  of  courts 

not  officially  reported.     11-1107. 

Oral  announcement  by  justice  of  peace 
and  judgment  actually  rendered, 
which   controls.     1912A-1283. 

Order  of  court  as  defense  in  action  against 
corporation  for  transferring  stock 
without  authority.     1913E-1179. 

— receiver  as  protected  from  personal  lia- 
bility for  acts  under  order  of  court. 
1913D-1117. 

— what  constitutes  order  of  court.  1917C- 
1041. 

Participation  in  decision  of  judicial  tri- 
bunal of  disqualified  member  whose 
vote  does  not  produce  result,  effect 
upon  decision.     13-336. 

Eeferee's  power  to  overrule  previous  order 
or  rule  of  judge.     1913C-1250. 

Stare  decisis,  criminal  or  penal  statute, 
application  of  doctrine  to  construc- 
tion.    1914B-1249. 

— doctrine  as  applicable  to  decision  by 
divided   court.     16-113. 

— legislative  acquiescence  in  court  de- 
cision, applicability  of  doctrine  of 
stare,  decisis.     2-725. 

— single  decision  as  basis  for  doctrine. 
1914A-1080. 

State  decisions  on  evidence  as  binding  on 
federal  courts.     16-567. 

United  States  supreme  court,  when  de- 
cision is  not  binding  on  state  court. 
1913E-281. 


COURTS-MARTIAL. 

Martial   law.     1914C-22. 
Review  by  civil  courts.     17-445. 


COVENANTS. 

1.  In  General. 
,2.  Deeds. 

A.  Generally. 

B.  Warranty. 

C.  Incumbrances. 

D.  Running  With  Lakd. 

3.  Leases. 

4.  Building   Restrictions. 


COVENANTS— Continued. 

1.    In  General. 

Apprentices,  covenant  in  apprenticeship 
deed,  liability   of   infant   on.     20-779. 

Patents,  implied  covenant  by  grantor  of 
exclusive  license  under  patent  not  to 
derogate  from  such  license  by  own 
acts.     18-978. 

Restraint  of  trade,  covenant  not  to  carry 
on  similar  business  within  prescribed 
limits,  what  constitutes  carrying  on 
business.     1915A-381. 

— injunction  as  remedy  for  breach.  15- 
692;   1916C-187. 

— sale  of  business  as  sufficient  considera- 
tion of  covenant  restraining  vendor 
from  future  exercise  of  trade  or  pro- 
fession.    1913A-293. 


2.    Deeds. 

A.    Generally. 

Absolute  covenant  in  deed  conveying  prop- 
erty expressly  subject  to  incumbrance, 
construction  and  effect.     15-982. 

Deed  poll,  acceptance  as  binding  grantee 
as  covenantor.     15-683. 

Eviction  proceeding,  necessity  of  notice  to 
covenantor  of  good  title  to  defend 
in  order  to  conclude  him  in  action  on 
covenant.     13-206. 

Executor  or  administrator,  personal  lia- 
bility on  covenant  in  deed  to  realty 
of  decedent.     1914D-903. 

[mplied  covenant  of  vendor  of  land  ac- 
cording to  map  not  to  change  or  alter 
streets.     16-582. 

Limitation  of  action  for  breach  as  run- 
ning from  date  of  breach  or  from 
occurrence  of  actual  damage.     13-699. 

Negative  covenants  as  embraced  in  posi- 
tive clause  of  forfeiture.     1-794. 

Quiet  enjoyment,  breach  by  showing  of 
undivided  interest  in  tenant  in  com- 
mon.    1913B-847. 

Eight,  title  and  interest  in  premises,  con- 
struction and  effect  of  covenant  in 
deed.     15-1200. 

Seizin  or  right  to  convey,  when  ordinary 
covenant  is  broken  if  at  all.  1913B- 
1184. 

•—existence  of  railroad  right  of  way  as 
breach  of  covenant.     1912C-652. 


COVENANTS. 


221 


COVENANTS— Continued. 

Specific  performance  of  contract  to 
convey  land,  covenants  that  may  or 
may  not  be  required  in  decree. 
1915C-490. 

B.    Warranty. 

Breacli    of    covenant    of    warranty,    entry 

under    right    of    eminent    domain    as 

breach.     10-1079. 
— railroad     right     of    way,     existence     as 

breach        of       warranty.     1912C-650; 

1916C-1198. 
— undivided  interest  in  tenant  in  common 

as    breach    of    warranty.     1913B-847. 

Contract   of  sale  to   give  warranty   deed, 

construction      of      covenant.     1915B- 

1022. 
Expenses  of  successfully  defending  assault 

on    title,    covenant    of     warranty     as 

binding    covenantor    to    pay.     1913B- 

873. 
Intermediate  vendor's  right  of   action  for 

breach      of     warranty      by      grantor. 

4-977. 

C.    Incumbrances. 

Assault  on  title,  covenantor  against  in- 
cumbrances as  bound  to  pay  expenses 
of  successfully  defending  against. 
1913D-873. 

Breach  of  covenant,  fence,  duty  to  build 
and  maintain  as  constituting.  1913B- 
1067. 

— private    roadway,    existence    as    breach. 

1913D-440. 
— public     highway,    existence    as    breach. 

1914D-1011;  1917C-149. 
— right    to    enter    and    take    minerals    as 

breach.     1914I>-1140. 
— sewer,    existence     of    public     sewer    as 

breach.     1916B-586, 
— special       assessment       outstanding       as 

breach.     1918D-975. 
— tax  outstanding  as  breach,     1913E-248. 
— ^unexpired  lease  as  breach.     1914D-1176. 
— use   of   land,   restriction    on   as    breach, 

1913B-1065. 
— water      ditch,      existence      as      breach. 

1912D-1119. 

Parol  evidence  to  vary  or  explain  cove- 
nant in  deed,  admissibility.  1915D- 
865. 

Purchaser's  right  to  recover  on  covenant 
where  title  or  incumbrance  is  held 
by  him.     21-1060. 


COVENANTS— Continued. 

D.    Running  With  Land. 

Assumption  of  mortgage,  covenant  in  deed 
whereby     grantee     assumes     existing 
mortgage  as  running  with  land.     15-, 
1055. 

Division  fence,  covenant  to  maintain  as 
one   running   with   land.     15-57. 

Intoxicating  liquors,  covenant  against  sale 
as   running   with   land.     14-129, 

Party-wall  agreement  as  personal  or  run- 
ning   with    the    land.     8-292;    15-176. 

Water-power,  covenant  with  reference  to 
AS  one  running  with  land,  1915B- 
875. 

3.     Leases. 

Assignment  of  lease,  breach  of  covenant 
against  as  arising  by  assignment  of 
one  colessee  to  another.     16-318. 

— construction  of  covenant  restricting  as- 
signment or  subletting.     1913B-889. 

— rent,  effect  of  assignment  of  lease  or 
sublease  on  liability  of  lessee  to  pay. 
1916E-789,  832. 

— waiver  of  breach  of  covenant  against  by 
acceptance  of  rent.     1913A-1202, 

Implied  covenant  by  lessor  to  give  pos- 
session  to   lessee.     14-402. 

Insurance  of  property  against  fire,  con- 
struction of  lessee's  agreement. 
1918E-299. 

Mining  leases,  covenant  for  diligent  pros- 
ecution of  work.  2-446;  20-1165; 
1917E-1120. 

Negative  covenant  as  embraced  in  posi- 
tive clause  of  forfeiture  in  lease.  1- 
794. 

Quiet  enjoyment,  implied  covenant  in 
lease.     1917C-615,    620,    625. 

— liability  of  landlord  for  use  of  premises 
by   another  lessee.     14-1125. 

Eenewal  covenant,  assignee's  right  to  en- 
force.    12-969. 

—construction  as  covenant  for  perpetual 
renewal.     13-1006;   1916C-1096. 

— enforcement  as  to  part  only  of  leased 
premises,  right  of.     17-113. 

Repairs,  measure  of  damages  for  tenant's 
breach  of  covenant  to  repair.  14- 
152. 

— payment  for  repairs  or  improvements, 
right    of    lessee    to    enforce    covenant 


222     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


COVENANTS— Continued. 

therefor    against    successor    of   rever- 
sion.    4-439;    1918D-1180. 

Return  of  premises  in  condition  they 
"now"  are,  time  referred  to  in  lessee's 
covenant.     15-881. 

Taxes,  agreement  of  tenant  to  pay  as  in- 
cluding special  or  local  assessment. 
12-589. 

Water  rents,  covenant  to  pay  rates  as 
including.     8-111. 


4.    Building    Bestrictions. 

Basement,  restriction  against  erection  of 
building  less  than  certain  distance 
from  front  line  of  premises  as  applica- 
ble to  basement.     1914A-6. 

Boarding-houses,  construction  of  building 
restriction  with  respect  to.  1912D- 
479. 

Building  line,  construction  of  restriction 
against  erection  of  building  not  less 
than  certain  distance  from  front  line. 
1914A-3. 

Cancellation  of  restrictive  covenant  in 
deed  as  cloud  on  title,  power  of  court 
of  equity.     1912A-765. 

Change  of  circumstances  as  warranting 
refusal  by  court  of  equity  to  enforce 
restriction.     5-48. 

Dwelling-house,  construction  of  covenant 
restricting  building  on  premises  to 
use  as  dwelling.  1912D-477;  1915A- 
419;  1916C-1054. 

Enforcement  of  building  restriction, 
damage  to  complainant  by  violation, 
right  to  compel  enforcement  as  de- 
pendent on.     1914A-904. 

—disregard  of  building  line  as  affecting 
right  to  compel  others  to  observe  it. 
1913D-428. 

^-purchaser  of  property  under  general 
plan,  right  to  enforce  common  re- 
striction against  another  purchaser. 
14-1021;  1913E-822. 

—right  to  enforcement  as  dependent  on 
meaning  of  covenant  being  clear. 
1912A-80. 

■ — subpurchaser  under  restrictive  covenant 
not  running  with  land,  enforcement 
against  in  equity  where  covenantee 
has  no  interest  in  adjoining  lands. 
1916C-942. 


COVENANTS— Continued. 

Garage,  construction  of  building  restric- 
tion as  applicable  to  erection. 
1912D-480. 

— restriction  against  erection  of  building 
less  than  certain  distance  from  front 
line  of  premises  as  applicable  to 
garage.     1914A-12. 

Industry  within  prescribed  limits,  injunc- 
tion against  establishment,  right  of 
property  owner  where  required  con- 
sent of  property  owners  has  not  been 
obtained.     1914A-979. 

Offensive  trade  or  business,  construction 
of  restriction  prohibiting  erection  of 
building  for  business  offensive  to 
neighorhood.     11-173. 

— ^signboard  or  billboard,  creation  as  vio- 
lation of  restriction.     16-225. 

Public  or  public  service  commission  as 
bound  by  building  lestriction  or  re- 
strictive agreement.     1918B-591. 

Similar  restrictions  to  be  imposed  on 
property  subsequently  sold,  agreement 
by  vendor  as  valid  within  statute  of 
frauds.     1914A-434. 

Waiver  by  acquiescence  in  violation  of 
building  restriction.  1-603;  14-760; 
1915B-147. 


CREAM  OF  TARTAR. 

Food  vdthin  meaning  of  Food  Act.   1913E- 
1293. 


CREDIBLE. 

Meaning   as    applied   to   witness   to   "Will. 
18-1091. 


CREDIBILITY. 

Witnesses.    See  Witnesses. 


CREDIT. 

Cancellation  of  credit  where  extended  by 
mistake.     1-632. 

Fictitious  credit  to  reduce  amount  claimed 
to  sum  within  court's  jurisdiction. 
5-308. 

Injury  to  credit  as  element  of  damages 
for  wrongful  attachment.  1915A- 
1221. 

Letter  of  credit,  what  is.     1912C-75. 


CREDIT  ASSOCIATIONS— CRIMINAL   CONVERSATION.       223 


CTEEDIT — Continued. 

Loaning  credit  of  state  or  municipality, 
construction  of  constitutional  pro- 
vision against.     1913C-1230. 

Pledge  of  vessel  owner's  credit,  authority 
of  DT aster  to  make.     18-875. 

Postal  laws,  making  false  credit  state- 
ment as  scheme  to  defraud  within 
federal  statute  prohibiting  use  of 
mails   in   furtherance.     1914D-1245. 

Representations  as  to  another's  credit  re- 
quired to  be  in  writing.  1^88;  12- 
332;   1914A-953. 

Sale  of  goods  on  credit,  right  of  factor. 
1915A-176. 

Taxation  of  credits  as  personalty.     2-754. 

Usury,  sale  of  property  on  credit  as  within 
usury  law.    20-1131.     • 


CREDIT  ASSOCIATIONS. 

Communication  by  member  to  other  mem- 
bers, blacklisting  person  as  delinquent 
debtor,  as  libelous.     11-57. 

Report  of  mercantile  agency  as  privileged 
within  law  of  libel  and  slander.  12- 
149:   1916E-547. 


CREDITOR'S  BILL. 

Property     reachable     by     creditor's     bill. 
1914B-945. 


CREDIT  REPORTS. 

Purnishing,       as       interstate       commerce. 
1912B-339. 


CREMATORIES. 

state    or    municipal    regulation.      1915G- 
807. 

CRIB. 

Burglary,    sufficiency    of    indictment   with 
respect   to   description.     1913D-875. 

CRIMINAL  ACTS. 

Civil  case  based  on,  burden  of  proof.     2- 
73. 

CRIME  AGAINST  NATURE. 

See  Sodomy. 

CRIMINAL  CONSPIRACY. 

See  Conspiracy. 


CREDIT  INSURANCE. 

Contract,  construction  and  enforcement  of 
claims.     1915A-654;   1917D-75. 

Misrepresentation  by  agent  as  exempting 
insured  from  policy  conditions. 
1918E-845, 


CREDITORS. 

See  Debtor  and  Creditor. 

Attachment  creditor,  injunction  by  against 
execution  sale,  right  of.     1918C-264. 

— purchaser  pendente  lite,  attachment 
creditor  as.     1918C-66. 

Chattel  mortgage,  who  is  creditor  entitled 
to  attack  validity  of  chattel  mortgage 
on  ground  of  failure  to  file  or  renew. 
1912B-1106. 

Judgment  creditor  as  purchaser  pendente 
lite.     1918C-64. 

Letters  of  administration,  who  is  creditor 
entitled  to.     1915A-55. 

Receiver  for  insolvent  corporation,  who 
is  creditor  entitled  to  apply  for  ap- 
pointment.    1912A-901. 


CRIMINAL  CONTEMPT. 

See  Contempt. 

CRIMINAL  CONVERSA- 
TION. 

Bankruptcy  discharge,  effect  on  judgment 
for   criminal   conversation.      12-1011. 

Competency  of  husband  or  wife  as  witness 
in  action.     1912D-1121;    1915B-713. 

Condonation  as  defense  to  action  by 
husband.     10-62. 

Connivance  by  husband  as  bar  to  action. 
5-867. 

Contract  effecting  compromise  of  action, 
legality.     1913A-705. 

Divorced  spouse,  right  to  maintain  action. 
1912D-619. 

Marriage,  proof  in  action  for  criminal 
conversation.      15-870;   1917A-755. 

Ees  judicata,  divorce  decree  as  res  judi- 
cata of  matters  common  to  both  ac- 
tions.     1916B-901,   920. 

Wife's  action  for  criminal  conversation. 
6-661;  8-674;  14-48;  1912C-1183; 
1916C-748. 


224    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CRIMINAL  LAW. 

1.  In  General. 

2.  Criminal  Responsibility. 

3.  Accessories  ajid  Accomplices. 

4.  Jurisdiction  of  Offenses. 

5.  Preliminary  Examination. 

6.  Jeopardy. 

7.  Bepeal  of  Statutes. 

8.  Limitations  Against  Prosecution. 

9.  Trial. 

10.  Rights  of  Accused. 

11.  Evidence. 

12.  Instructions. 

13.  Verdict. 

14.  New  Trial 

15.  Sentence  and  Punishment. 

See  Indictment  and  Information. 

Particular  offenses.  See  Abduction; 
Abortion;  Adultery;  Arson;  Assault; 
Bastardy;  Bigamy;  Breach  of  Peace; 
Bribery;  Burglary;  Conspiracy;  Dis- 
orderly Houses;  Disturbing  Meeting; 
Embezzlement;  Escape;  Extortion; 
False  Pretenses;  Forgery;  Gaming; 
Homicide;  Incest;  Kidnaping;  Iiar- 
ceny;  Libel  and  Slander;  Malicious 
Mischief;  Mayhem;  Nuisances;  Ob- 
scenity; Obstructing  Justice;  Perjury; 
Rape;  Receiving  Stolen  Property; 
Riot;  Robbery;  Seduction;  Solicita- 
tion of  Chastity;  Suicide;  Threats; 
Treason;  Usury. 

1.    In  GeneraL 

"Adjoining,"  meaning  of  term  in  con- 
struction of  personal  statute.  1913D- 
848. 

Adoption  of  state  criminal  laws  in  places 
under  federal  jurisdiction,  validity 
and  construction  of  federal  statutes. 
21-946. 

Appeal,  payment  of  fine  as  waiver  of 
right.     1913E-300;    1916C-619. 

Bail  as  matter  of  right  or  of  discretion, 
1-12;  9-619. 

—deposit  of  money  in  lieu  of  bail.  1918D- 
536. 

"Child"  in  statute  relating  to  crime  as 
including  illegitimate  child.  1918B- 
254. 


CRIMINAL  LAW— Continued. 

Common  law,  adoption  in  relation  to 
crimes.      1913E-1249;    191SA-990. 

Constitutional  provisions  as  self-executing. 
18-202;  1914C-1119. 

Construction  of  criminal  or  penal  statute, 
application  of  doctrine  of  stare  de- 
cisis.    1914B-1249. 

"Conviction,"   "convicted,"  legal   meaning. 

1915B-283. 
• — what    constitutes    conviction    of    crime 

disqualifying  person  of  right  to  vote 

within    constitutional    provision.      15- 

103. 

Corporation,  liability  for  act  of  mis- 
feasance other  than  homicide.  1916C- 
459,  470,  476. 

"Crime"  for  conviction  of  which  witness 
may  be  impeached,  what  constitutes. 
1916A-274,  279. 

— conviction  of  violation  of  municipal 
ordinance  as  conviction  of  crime  dis- 
qualifying witness.     1913A-327. 

Cumulative  penalties,  recovery  under 
penal    statute.      1912A-820. 

"Define"  or  "defining,"  meaning  of  term 
as  applied  to  crimes.     1914B-99. 

Depositions  in  criminal  case.  1916A-1066, 
1099. 

Estoppel,  application  of  doctrine  in  crim- 
inal law.     3-844. 

Felony,  prosecution  by  information  with- 
out indictment,  constitutionality  of 
statute.     6-644. 

Injunction  against  prosecution  under  in- 
valid  ordinance.      6-1013;    10-760. 

— criminal  prosecution,  power  of  equity 
to  enjoin.     1-121;  19-459;  1916C-1153. 

— private  nuisance  which  is  also  crime, 
right  of  state  to  enjoin.     1916C-455. 

— public  nuisance  which  is  also  crime, 
right  to  enjoin.  13-794;  1914A-440; 
1916D-788. 

Intent  not  made  element  of  offense  by 
statute,  necessity  of  pleading  and 
proving.      1914D-181. 

"Owner"  as  including  tenant  for  years  in 
statute  relating  to  crimes.  1912A- 
317. 

Pendency  of  criminal  prosecution.  1912A— 
844. 

"Person,"  word  as  used  in  statute  relating 
to  crime  as  including  private  corpo- 
ration.    20-742,  745;   1914A-1310. 


CRIMINAL  LAW. 


225 


CRIMINAL  LAW— Continued. 

Physical  examination  of  accused,  power 
of  court  to  compel.     1&12D-227. 

Practice  and  procedure,  effect  of  partial 
invalidity  of  statute  relating  to. 
1916D-80. 

Ees  judicata,  divorce  decree  as  res  judi- 
cata with  respect  to  conviction  of 
felony.     1916B-891. 

State  laws,  enforcement  as  beyond  origi- 
nal jurisdiction  of  United  States 
supreme    court.      1912C-531, 

Statutes  relating  to  crimes,  effect  of  par- 
tial  invalidity.      1916D-4o. 

"Wound,"  what  constitutes.     12-183. 

Counsel. 

Attorney  assigned  by  court  to  defend  in- 
digent accused,  right  to  compensation. 
1913E-206. 

Counsel  for  accused,  appointment  of  in- 
experienced or  unfaithful,  or  of  in- 
sufficient number,  as  reversible  error. 
1912C-457. 

Private  counsel  to  assist  prosecution,  right 
of.     1912B-659;  1917D-512. 


2.    Criminal  Responsibility. 

Act  made  criminal  by  statute  but  com- 
mitted subsequent  to  decision  de- 
claring its  invalidity,  effect  of  later 
decision  upholding  statute.  1912B- 
700. 

— criminality  of  act  committed  after  de- 
cision holding  statute  inapplicable  and 
before  reversal  of  decision.    1916E-373. 

Aliens,  importation,  keeping  or  entry  for 
immoral  purpose  as  crime.    1917C-250. 

— soliciting  or  importing  alien  contract 
labor  as   crime.     1917C-261. 

— treason  by  domiciled  alien.     8-77. 

Anonymous  letter,  sending  as  criminal 
offense.     1917C-699. 

Automobiles,  criminal  liability  of  owner 
or  driver  for  injuries  inflicted.  18- 
239;  1914A-684;  1918B-1082;  1918E- 
1146. 

Banks,  criminal  liability  of  officer  of  in- 
solvent bank  for  receiving  deposit. 
1912B-316;    1916E-592. 

— intent  of  officer  as  element  of  offense. 
1917B-1081. 

Index  to  Notes — 15 


CRIMINAL  LAW— Continued. 

— validity  of  statute  making  it  crime  to 
receive  deposits  when  bank  is  in- 
solvent.    20-1323. 

— when  bank  is  insolvent  within  pro- 
hibition of  statute.     1916C-85. 

Carriers    of   goods,   transporting   goods  in 

violation      of      stat\ite,      liability  of 

carrier    when    ignorant    of    nature  of 
goods.     20-1156. 

Carriers  of  passengers,  failure  to  furnish 
sufficient  accommodations  for  pas- 
sengers, validity  of  statute  making 
it  criminal  offense.     19-70. 

— larceny  from  or  robbery  of  passenger 
by  stranger,  liability  of  carrier  other 
than  sleeping-car  company.  1918E— 
582. 

Chastisement   of  child  by  parent.     1-131. 

Compounding  offense,  necessity  of  alleg- 
ing and  proving  actual  commission 
of  offense  charged  as  compounded. 
9-565. 

Corporal  punishment  of  pupil,  prosecu- 
tion of  teacher  for  abuse  of.  right. 
12-357. 

Corporations,  act  not  forbidden  to  firm 
or  individual,  validity  of  statute 
prohibiting  corporation  from  doing. 
1912D-808. 

— corporation  in  hands  of  receiver,  crim- 
inal  responsibility.     21-694. 

— 'funds  appropriated  by  officer  for 
political  purposes  as  criminal  offense. 
10-320. 

— homicide,  liability  of  corporation  to 
indictment.     16-840;    1915B-621. 

— knowingly  making  false  report  by  cor- 
porate officer,  what  constitutes. 
1912A-435. 

— misfeasance  other  than  homicide,  crim- 
inal liability  of  corporation  for  act. 
19160-459. 

—officer  of  corporation,  criminal  liability 
for  its  acts  of  nonfeasance  or  mis- 
feasance.    8-383. 

Deaf  and  dumb  persons,  responsibility 
for    crime.     16-444;     1917B-240. 

Decoy  letter  as  subject  of  embezzlement 
or  larceny  under  postal  laws.     4-878. 

Defamation  of  deceased  person,  criminal 
liability.     1917E-234. 

Defense  in  criminal  prosecution,  pro- 
hibition as  remedy  to  determine 
sufficiency.     1913D-596. 


226     INDEX  TO  THE  NOTES,  1  ANT^.  CAS.  TO  ANN.  CAS.  1918E. 


CEIMINAL  LAW— Continued. 

Detectives,  criminal  liability  of  privato 
detectives.     1917A-588. 

Disease,  exposure  of  another  to  con- 
tagious or  infectious  diseases,  crim- 
inal   liability.     1912B-64. 

Elections,  general  penal  statutes  as  ap- 
plicable to  primary  election.  1918E- 
80. 

■ — officer  disclosing  contents  of  ballot, 
criminal    liability.     1912C-515. 

Escape,    criminal    liability    as    dependent 

on       lawfulness       of       imprisonment. 

1912C-757. 
— what   constitutes   voluntary   escape,   and 

liability    of    officer    therefor.     1913C- 

694. 

Exemption  from  prosecution  of  person 
becoming  state's  evidence  under 
agreement    of    immunity.     18-747. 

False  pretenses  in  obtaining  real  prop- 
erty as  criminal  oflfense.  9-857;  18- 
397;   1915D-470. 

Food  and  drugs,  conditions  precedent 
and  defenses  to  proceedings  to  pun- 
ish violation  of  federal  Pure  Food 
and   Drugs   Act,     1915A-49. 

Government  stores  or  equipment,  de- 
tention, purchase  or  taking  in  pledge 
as    offense.     1918B-o23;    1918D-1203. 

Husband  and  wife,  abandonment  or  fail- 
ure to  support  wife  by  husband, 
validity  of  statute  making  it  crim- 
inal.    1912B-280. 

— separation  agreement  as  defense. 
1912D-1096. 

— venue  of  prosecution.     1913C-596. 

— wife  having  separate  property  or  in- 
come, nonsupport  as  ground  for 
prosecution.     1916A-857. 

Inducement  to  commit  a  crime  with 
view  to  prosecution,  as  defense  to 
such  prosecution.  17-295;  1916C- 
730;   1917D-954. 

Infants,  criminal  liability  of  infant  for 
nonsupport    of   wife.     1914D-590. 

Insanity,  acquittal  on  ground  of  insanity 
as  affecting  right  to  discharge  from 
restraint  on  recovery  of  sanity. 
1913A-1260. 

— epileptic  insanity  in  criminal  cases. 
18-428. 

— irresistible  or  uncontrollable  impulse  as 
defense  to  criminal  charge.  1912A- 
36;    1916A-984;    1917C-609. 


CRIMINAL  LAW— Continued. 

— kleptomania,  effect  upon  responsibility 
for    crime.     1914A-886. 

— mental  disease  arising  from  use  of 
intoxicants,  criminal  responsibility. 
19-1169. 

— time  or  stage  when  question  of  in- 
sanity of  defendant  may  be  deter- 
mined by  inquisition  or  otherwise. 
4-393;    1916E-424. 

— validity  of  statute  prohibiting  insanity 
as    defense.     1912B-927. 

Intoxicated  person,  liability  of  one  who 
sells  liquor  for  criminal  acts  of 
former.     1913A-511. 

Labor  laws,  violation  by  municipality  of 
statute  regulating  hours  of  labor, 
criminal    liability.     1913E-308. 

Master  and  servant,  act  of  servant  as 
imposing  criminal  liability  on  mas- 
ter.    13-707. 

— breach  of  contract  by  servant  who 
has  received  advances,  validity  of 
statute  making  act  punishable  as 
crime.     7-959. 

Medical  attendance  to  another,  religious 
belief  as  defense  to  prosecution  for 
failure    to    furnish.     1913B-1221. 

Military  law,  offenses  against  conscrip- 
tion.    1918D-105. 

— power  to  create  offenses  against  mili- 
tary  law.     1918B-1009. 

Nuisances,  maintenance  or  failure  to 
abate  as  subjecting  municipality  to 
criminal    liability.     1913D-303. 

Obstructing  justice,  criminality  of  pre- 
venting person  not  subpoenaed  from 
appearing    as    witness.     1912C-517. 

— resisting  officer,  what  constitutes  of- 
fense.    1914B-813. 

Parent  refusing  to  permit  necessary 
surgical  operation  on  child  as  crim- 
inal  neglect.     1916A-337. 

Postal  laws,  use  of  mails  in  furtherance^ 
of  fraud,  what  constitutes  scheme 
to  defraud  within  statute.  1914D- 
1242. 

Prostitution,  imposing  criminaF  liability 
on  owner  of  premises  for  use  for 
purpose  of  prostitution,  validity  and 
construction    of    statute.     1917A-461. 

Public  officer,  malfeasance  and  non- 
feasance of  de  facto  officer,  crim- 
inal  Uability.     20-510. 


CRIMINAL  LAW. 


227 


CTEIMINAL  LAW— Continued, 

Quarantine,  breaking  quarantine  or  per- 
mitting another  to  break,  liability. 
1914B-413. 

Restraint  of  trade,  combination  there- 
for as  criminal  conspiracy.  191 3E- 
603. 

— combination  to  raise  prices  as  criminal 
offense.     1917B-1017. 

Ships  and  shipping,  criminal  liability  of 
master  of  vessel  for  loss  of  life  of 
passenger.     14-461. 

Soldier  or  militiaman,  criminal  liability 
for  injury  to  person  or  property. 
1917C-25,  32. 

Solicitation  of  chastity,  civil  and  crim- 
inal  liability.     2-457. 

Sunday  labor  or  amusement,  engaging 
in  as  offense  at  common  law  or 
under  statute  other  than  Sunday 
law.     1918B-387. 

Threat  to  accuse  of  crime  as  criminal 
offense.     9-196;    1917B-134. 

— prosecution  threatened  in  connection 
with  demand  for  payment  of  debt, 
criminal    liability.     1917E-246. 

Trees  and  timber,  cutting  timber  on  pub- 
lic lands  of  United  States,  criminal 
liability.     19I7A-18. 

Usury  as  crime,  constitutionality  of  stat- 
utes.    5-386;    1912C-828. 


3.    Accessories  and  Accomplices. 

Accessory  or  aider  and  abettor  of  crime, 
conviction  of  one  personally  in- 
capable   of    committing.     16-467. 

Conviction  as  accessory  of  person  in- 
dicted   as    principal.     14-311. 

Encouraging  attack  by  another,  liability 
as    principal    for    assault.     1912A-830. 

Failure  to  disclose  felony  as  rendering 
person  accomplice  or  accessory  after 
the   fact.     19-144. 

Interference  with  evidence  of  crime  as 
rendering  one  accessory  after  fact. 
1912B-503. 

Jurisdiction  of  prosecution  of  accessory 
where  principal  crime  is  committed 
in    another    state    or    county.     10-878. 

Oral  encouragement  to  another  in  mak- 
ing attack,  liability  for  assault. 
1912A-830. 


CRIMINAL  LAW— Continued. 

Principal  in  second  degree,  rule  that 
accessory  cannot  be  tried  and  con- 
victed before  principal  as  applicable 
to.     8-439. 

Prosecution    of   accessory   after   the    fact, 
as  dependent  on  pendency  of  charge 
.against    principal.     18-295. 

Eeceiver  of  stolen  goods  as  accessory 
or   accomplice  of  thief.     20-594. 

Suicide,  criminal  liability  of  one  coun- 
seling, advising,  assisting  or  com- 
pelling another  to  commit  suicide. 
4-1157;    16-522. 

Trial  of  aiders  and  abettors,  liability 
irrespective  of  trial  or  conviction 
of    principal.     8-439. 

Woman  upon  whom  abortion  is  com- 
mitted   as   accomplice.     12-1009. 


4.    Jurisdiction  o^  Offenses. 

Concurrent  jurisdiction  of  offenses  com- 
mitted on  boundary  waters  between 
states.     1917B-919. 

Corporation  defendant  in  criminal  case, 
method  or  process  by  which  court 
may  acquire  jurisdiction.  1916E- 
1289. 

Federal  Pure  Food  and  Drugs  Act,  juris- 
diction of  proceeding  to  punish  vio- 
lation.    1915A-48. 

Military  reservations,  jurisdiction^  to 
prosecute  crimes  committed  on. 
3-831;    11-753. 

Municipal  court,  jurisdiction  to  try  of- 
fenses   against    state    laws.     18-53. 

National  guard,  jurisdiction  of  stats 
court    over    members.     1917A-279. 

Obtaining  property  by  false  pretenses, 
jurisdiction  of  offense.  4-368;  1917E- 
311. 

Offenses  committed  in  territory  out  of 
which  new  county  is  created,  juris- 
diction  of.     4-555;    1914B-348. 

Past  offenses,  jurisdiction  conferred  on 
existing  court  to  try  past  offenses 
as   ex  post   facto.     1912A-888. 

Prisoner  forcibly  or  unlawfully  brought 
within  jurisdiction.  14-523;  1917I>- 
229. 

Venue,  crime  committed  partly  in  one 
county  and  partly  in  another,  va- 
lidity of  statutes  fixing.     4-1194. 


228     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CRIMINAL  LAW— Continued. 

— offenses  committed  in  transitu,  validity 
of  statute  authorizing  trial  in  any 
county    traversed.     9-616. 

— prosecution  in  county  other  than  where 
offense  committed,  validity  of  stat- 
ute  authorizing.     9-C15;    19-1236. 


5.    Preliminary  Examination. 

Indictment  before  or  pending  prelimi- 
nary examination,  right  of  graud 
jury    to    find.     1912D-145. 

Eight  of  accused  to  preliminary  exam- 
ination.    1916E-312. 

Waiver  of  preliminary  examination  by 
accused    person.     1917E-179. 

— right  to  hold  accused  thereafter  on 
other    than    original    charge.     18-524. 


6.    Jeopardy. 

Acquittal,  effect  upon  perjury  committed 
during   trial.     1-163;    17-754. 

Appeal  by  government  as  constituting 
second.     1-664;     1913C-772. 

Contempt,  prosecution  for  contempt  as 
criminal  proceeding  within  rule  as 
to    jeopardy.     1912B-1008. 

Conviction    of    minor    offense    as    bar    to 
'  prosecution    of    same    act    charged    as 
higher   crime.     1912C-668. 

Crime  against  one  government,  convic- 
tion as  bar  to  prosecution  by  an- 
other government  for  eame  act.  21- 
64. 

Discharge  of  jury  and  mistrial  because 
of  sickness  of  accused  as  constitut- 
ing  former   jeopardy.     1912B-1147. 

Examination  before  magistrate  as  former 
jeopardy.     18-556. 

Former  jeopardy  as  issue  of  law  or  fact. 
11-993. 

Habeas  corpus  proceedings,  right  to  raise 
plea    of    former    jeopardy.     15-327. 

Homicide,  prosecution  for  murder  or 
manslaughter  after  conviction  for  as- 
sault and  death  of  person  assaulted 
as   second  jeopardy.     12-819. 

Lesser  offense,  conviction  for  on  trial 
for  greater  as  bar  to  prosecution  for 
greater  on  new  trial.  4-778;  16- 
1206. 


CBIMINAL  LAW— Continued. 

Military  court,  trial  in  as  bar  to  prose- 
cution in  civil  court  and  vice  versa. 
11-645. 

Mistrial,  order  for  as  constituting  former 
jeopardy.  1-118;  10-1086;  1914B- 
774. 

Plea  of  autrefois  acquit,  right  of  defend- 
ant to  interpose  while  plea  of  not 
guilty   is    standing.     1912A-439. 

Prosecution  under  statute  as  bar  to 
prosecution  for  same  offense  under 
ordinance,    or    vice    versa.     1912C-37. 

Stopping  trial  and  holding  defendant  for 
trial  for  higher  offense  as  constitut- 
ing   jeopardy.     1915D-886. 

Waiver  of  objection  to  second  jeopardy 
by  procuring  quashal  of  first  indict- 
ment.    14-428. 

• — failure  to  interpose  objection  of  former 
jeopardy  on  second  trial  as  waiver  of 
plea.     6-134;    1917C-765. 


7.    Repeal    of    Statutes. 

Effect  of  repeal  of  act  affecting  proce- 
dure and  not  the  substantive  crime. 
6-893. 

Eepeal  of  criminal  statute  after  judg- 
ment,   effect.     1-220;    16-469. 

Statutes  prescribing  effect  of  repeal  of 
criminal  statute  on  prosecutions  for 
prior    offenses.     6-891. 

8.    Limitations    Against    Prosecution. 

Computation  of  limitation  of  time  against 
prosecution.     12-60. 

Conspiracy,  applicability  of  statute  of 
limitations   to   prosecution.     12-242. 

Discharge  of  prisoner  on  failure  to  find 
indictment  within  prescribed  time, 
effect  of  statute  providing  for.  3- 
1059. 

Lesser  offense  barred,  right  to  convict 
for,  under  indictment  for  greater 
offense  not   barred.     17-718. 

Eemedy  of  accused  not  brought  to  trial 
within  constitutional  or  statutory 
period.     1912D-1273. 

Eunning  of  statute  against  crime  as 
affected  by  indictment  set  aside  or 
quashed.     8-194. 


CRIMINAL  LAW. 


229 


CRIMINAL  LAW— Continued. 

When  prosecution  deemed  commenced 
within  statute  of  limitations.  1- 
319. 


9.    Trial. 

Generally. 

Bills  of  particulars  in  criminal  actions. 
1913A-1207. 

Change  of  judges  during  trial  as  re- 
versible   error.     18-346. 

• — right  of  state  to  demand  change. 
I914C-400. 

— statute  changing  number  of  judges  sit- 
ting in  trial  or  appellate  court  a3 
ex  post  facto  with  respect  to  of- 
fense committed  before  its  enact- 
ment.    1912C-1121. 

Consolidation  of  trials,  right  to  try  de- 
fendant on  two  or  more  indictments 
at   one   time.     1913A-1005. 

Continuance,  absence  of  counsel  as 
ground.     19130-437. 

—avoiding  continuance  by  admitting  pro- 
posed testimony  of  absent  witness. 
1913C-488, 

— ^prejudicial  newspaper  publication  as 
ground    for    continuance.     1918A-449. 

Nolle  prosequi,  right  of  prosecuting  at- 
torney to  enter  without  consent  of 
court.     1915D-1004. 

Pleas,  conditional  pleas  of  guilty,  va- 
lidity    and     effect.     1914A-451. 

—nolo    contendere,    plea    of.     1915B-1243. 

— overruling  plea  by  court  of  its  own 
motion.     15-250. 

— pleading  over,  right  after  plea  of 
former  conviction  or  acquittal.  9— 
130. 

—withdrawal  of  plea  of  guilty,  right  of 
accused.     8-237;     16-973;   "l912D-243. 

Eeopening  case  after  submission  to  jury 
for  reception  of  additional  evidence, 
right    of    court,     1913C-1010. 

Separate  trials,  demand  for  separate 
trial,  at  what  time  may  be  made. 
1915B-802. 

•—order  of  trial  of  persons  jointly  in- 
dicted, after  severance  obtained,  as 
within  discretion  of  court.  1914G- 
326. 

—'persons  jointly  indicted,  state's  right 
to  demand  separate  trial.  1914C- 
402. 


CEIMINAL  LAW^Continued. 

Venue,  change  on  application  of  stale 
as  matter  of  right  or  discretion. 
21-1203. 

View  in  absence  of  accused  as  prejudicial 
error.     11-1159;    1915B-568. 

Witness  excluded  from  courtroom  during 
trial,   effect   of   disobedience.     9-368. 

Conduct  of  Trial  Generally. 

Commitment  of  witness  for  perjury  dur- 
ing trial  as  prejudicial  error.  19- 
423. 

Compelling  defendant  to  object  to  wife 
testifying  as  reversible  error. 
1915D-362. 

Custody  of  accused,  defendant  out  on 
bail,  right  of  court  to  order  into 
actual  custody  during  trial.  1912D- 
211. 

Demonstration  by  or  misconduct  of  spec- 
tator during  criminal  trial  as  ground 
for  new  trial.     12-645. 

Duty  of  presiding  judge  not  to  absent 
himself.     2-8;  16-627. 

Exclusion  from  courtroom,  right  of 
criminal  court  to  exclude  persons. 
9-111;     20-632;     1917E-625. 

—jury,  exclusion  during  argument  rela- 
tive to  admissibility  of  dying  declara- 
tions.    20-1143. 

Improper  conduct  of  court  during  trial, 
presumption  as  prejudicially  affect- 
ing jury.     1913C-1257. 

Sunday  performance  of  judicial  act,  va- 
lidity.    1916B-6. 

Argument  and  Conduct  of  Counsel. 

Expression  of  opinion  of  accused  as  im- 
proper argument  by  prosecuting  at- 
torney.    1916A-431. 

Failure  of  accused  to  testify,  comment 
thereon  as  misconduct  of  counsel. 
3-164;    20-1273;    1917D-277. 

Fair  trial,  duty  of  prosecuting  attorney 
to  see  that  accused  has.     21-333. 

Good  character,  right  of  prosecution  to 
comment  on  failure  of  accused  to 
produce    evidence.     19—407.  ■* 

Misconduct     of     prosecuting     officer  in 

making      improper      insinuations  of 

other    crimes     against     defendant  as 
error.    8-463. 


230    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1913E. 


CEIMINAL  LAW— Continued. 

Outlining  defense  to  jury,  power  of  court 
to  require  counsel  for  accused. 
16-324. 

Eeference  by  prosecuting  attorney  to 
prevalence  of  crime  as  improper. 
1912A-1019. 

Restricting  argument  as  constituting  re- 
versible  error.     2-435;    1917A-718. 

Wife  of  accused  as  witness,  right  to  com- 
ment on  failure  of  accused  to  call 
her.     17-421;    1913D-559. 

Directing  Verdict. 

Refusal  of  court  to  direct  acquittal  as 
ground  for  predicating  error.  1912C- 
799. 

Verdict  of  guilty,  right  of  court  to  di- 
rect where  plea  of  "not  guilty"  has 
been      entered.     8-808;      1916A-1241. 

— ^what  constitutes  direction  of  verdict 
of   guilty.     1916A-1252. 


10.     Rights   of  Accused. 

Absent  witness,  admission  of  proposed 
testimony  as  violation  of  constitu- 
tional rights  of  accused.  1913C- 
490;   1918A-243. 

Arraignment,     necessity     of     in     criminal 

case.     12-704;    1915C-1073. 
— waiver    of    right.     1917D-829. 

Confessions,  preliminary  proof  by  ac- 
cused as  to  voluntary  character, 
right    to    introduce.     15-184. 

Confrontation  of  witnesses,  inability  of 
defendant  to  understand  language 
of  witnesses  as  depriving  him  of  his 
constitutional    right.     1913D-b73, 

— depositions,  use  as  encroaching  upon 
right.     1916A-1066. 

— disbarment  proceedings,  right  of  at- 
torney to  confrontation  of  witnesses. 
6-582. 

Coroner's  inquest,  right  of  accused  or 
suspected  person  to  appear  by  coun- 
sel.    1916D-394. 

Counsel,  benefit  of  counsel  before  plead- 
ing,   right    of    accused.     1918D-287. 

—consultation  with  or  sitting  by  coun- 
sel during  trial,  right  of  accused. 
1916D-204. 

Demand  on  accused  in  presence  of  jury 
to   produce   incriminating   evidence   as 


CRIMINAL  LAW— Continued. 

violation    of    constitutional    privilege. 
1912D-261. 

Disclosure  of  state's  evidence,  right  of 
defendant    to    demand.     1913D-345. 

Dismissal  of  information  based  on  self- 
incriminating  evidence,  right  of  ac- 
cused.    1914C-418. 

Experiments  tending  to  incriminate  ac- 
cused   as    inadmissible.     7-217. 

Information  which  led  to  prosecution, 
right  of  defendant  to  know  who 
gave.     21-456. 

Inspection  of  minutes  of  grand  jury, 
right  of  indicted  person  to  inspect. 
4-1055;    18-421. 

Jury  trial,  waiver  of  right  by  accused. 
1-597;     9-263,     1183. 

— whether  jury  may  be  more  or  less 
than    twelve.     1914A-872. 

Names  of  state's  witnesses  and  oppor- 
tunity to  inspect  articles  to  be  used 
in  evidence,  right  of  accused  to  be 
furnished.     1914B-902. 

Photograph  of  person  accused  of  crime, 
right    to    make.     8-1176;    16-1125. 

Place  of  trial,  rights  of  accused  in  fed- 
eral  courts.     17-1117. 

Presence  at  trial,  felony  charge,  waiver 
by  accused  of  right  to  be  present. 
1913C-1146;    1918E-375. 

— rendition  of  verdict,  waiver  of  right 
of  accused  to  be  present.  13-1213; 
1915B-447. 

— sentence,  right  of  accused  to  be 
present.     6-451;   11-813. 

Prisoner  taken  to  office  of  prosecuting 
attorney  on  arrest,  propriety  and 
effect.     20-1123. 

Service  on  defendant  of  copy  of  indict- 
ment or  information,  construction  of 
statute    requiring.     1913D-109o. 

Shackles,  right  of  prisoner  undergoing 
trial    to    be    free    from.     5-959. 

Speedy   trial,  right   of  convict.     17-170. 

Suspension  of  trial  because  of  insanity 
of  defendant  and  commitment  pend- 
ing restoration  to  sanity  as  due 
process   of   law.     1913C-328. 

Time  to  prepare  for  trial,  waiver  by  ac- 
cused   of    right.     17-522. 


CRIMINAL  LAW. 


231 


C?RIMINAL  LAW— Continued. 

Trial  of  own  case  without  attorney,  right 
of  accused  and  effect  thereof. 
1913C-739. 

11.    Evidence. 

Generally. 

Accused  armed  when  arrested,  admissi- 
bility to  prove  guilt  of  evidence 
thereof.     15-1057. 

Alias  and  real  name,  necessity  of  prov- 
ing both  when  pleaded.     19-894. 

Alibi,  burden  of  proof  and  sufficiency  of 
evidence.     8-1189. 

Bloodhound  evidence.  3-897;  8-110;  10- 
1127;    1912D-39;    1915A-1193. 

Blood  stains,  law  of  evidence  of.  15- 
811. 

Burden  of  proof  as  to  whether  person 
is  duly  licensed  to  practice  profes- 
sion or  do  business  other  than  sale 
of   liquor.     1915B-416. 

Circumstantial  evidence,  necessity,  for 
conviction,  that  it  exclude  every  rea- 
sonable hypothesis  except  guilt  of 
defendant.     1913E-428. 

Confession  of  defendant,  as  admissible 
against  self  and  codefendant.  4- 
918;    18-274. 

— rebuttal  of  confession,  admissibility  of 
evidence.     16-791. 

— third  person's  confession,  admissi- 
bility.    1913E-722. 

Conspiracy  to  commit  crime  charged, 
where  conspiracy  not  charged  in  in- 
dictment, admissibility  of  evidence. 
.5-984. 

Conviction  for  crime  as  conclusive  evi- 
dence against  accused  in  subse- 
quent prosecution  for  perjury  in 
denying   guilt.     13-369. 

Coroner's  verdict,  admissibility  as  evi- 
dence in  subsequent  proceedings. 
1917B-892. 

Corpus  delicti,  necessity  of  proof.  1- 
823. 

Corroboration,  accessory  after  fact, 
necessity    of    corroboration.     5-763. 

— 'Confession  of  defendant  as  sufficient 
corroboration  of  accomplice.  1916C- 
570. 

Dead  witness,  competency  of  former  tes- 
timony.    1913C-464. 


CEIMINAL  LAW— Continued, 

Duress  as  defense  to  charge  of  crime, 
burden    of   proof.     1912B-1111. 

Escape,  failure  of  accused  to  attempt  to 
escape,  admissibility  of  evidence.  5- 
311. 

Eye-witnesses  of  crime,  duty  of  state  to 
call.     16-918. 

Falsity  of  report  upon  which  accused 
claims  to  have  acted,  admissibility  of 
evidence  to  prove.     11-607. 

Finger   prints,   law   of.     1917A-417. 

Flight  of  accused  person  admitted  to  bail, 
admissibility.     18-901. 

Former  testimony  of  absent  witness,  ad- 
missibility. 1-471;  13-973;  1913C-440, 
464;   1917A-658. 

Husband  and  wife,  divorced  spouse  as 
witness  against  or  for  other.  1912B- 
1200. 

Insanity,    burden    and    quantum    of   proof 

on   issue.     3-926;    15-95. 
— proof  by  general  reputation.     18-935. 

Intent,  admissibility  of  direct  testimony 
of    accused.     12-8;    1912D-1045. 

Knowledge  of  another,  competency  of  wit- 
ness to  testify  to.     21-1076. 

Motive,  admissibility  of  evidence  tend- 
ing to  prove  other  crimes  against  de- 
fendant as  proof  of  motive.  7-66; 
8-773. 

Other     offenses     as     provable     in     arson. 

1915D-174. 
—bribery.     15-195;   1915D-181. 
— burglary.     16-669. 
— embezzlement.     11-816. 
—false   pretenses.     10-906;   1917C-464. 
—forgery.     9^56;    1912C-91. 
— incest.     10-656. 
— intoxicating     liquor     prosecutions.     18- 

846. 
—kidnaping.     14-693. 
—rape.     8-459;   18-442;   1915D-164. 

Presumptions,  rebuttable  presumptions  as 
evidence.     3-73. 

Prima  facie  evidence  as  fixed  by  statute, 
validity.     6-747. 

Rebuttal,  admissibility  of  evidence  in  re- 
buttal that  tends  to  support  case  in 
chief.     1914D-1270. 

Eules  declared  by  state  court  decisions  as 
binding  on  federal  courts  in  criminal 
cases.     16-569, 


232    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CEIMINAL  LAW— Continued. 

Threats  by  third  person  to  commit  crime 
charged  against  defendant,  admissi- 
bility.    10-323;    1913A-731. 

Venue,  quantum  of  proof  necessary  to  es- 
tablish.    1912B-939. 

Witnesses  indorsed  on  indictment,  neces- 
sity that  prosecution  should  call  all. 
10-247. 


Admissions  and  Declarations. 

Coroner's  inquest,  admissibility  of  evi- 
dence given  by  defendant.  3-517; 
12-161. 

Declarations  made  by  one  spouse  in  pres- 
ence  of   other,   admissibility.     19-528. 

Former  plea  of  guilty,  admissibility.  5- 
719;  1914A-1053. 

Grand  jury,  statements  made  by  defend- 
ant before  grand  jury,  admissibility. 
9-1215. 

Letters  between  husband  and  wife,  admis- 
sibility in  evidence  against  writer. 
3-915. 

Offer  by  accused  to  compromise  criminal 
charge  and  admissions  made  in  con- 
nection   therewith.     16-458. 

Prior  exculpatory  statement  by  accused, 
admissibility  to  contradict  evidence 
given  by  him  or  on  Ms  behalf  at 
trial.     1917D-1101. 

Statements  of  deceased  or  accused  before 
going  on  journey,  admissibility  as 
part  of  res  gestae.     1913E-361. 

tJndenied  accusation  of  crime,  admissibil- 
ity.    4-1042;   12-875;   1913C-240. 

Character  Evidence. 

Negative  evidence,  admissibility  to  prove 
character.     17-108. 

Opinion  of  witness  as  to  character  of  ac- 
cused, admissibility.     12-750. 

Personal  knowledge  or  opinion  of  witness 
as  to  character  of  accused,  admissi- 
bility.    12-750. 

Presumption  that  character  of  defendant 
is  good.     1913D-407. 

Weight  of  evidence  of  good  character  of 
defendant.     1913E-16. 

Identity. 

Conflict  between  presumption  of  inno- 
cence and  presumption  of  identity  of 


CEIMINAL  LAW— Continued. 

person      from      identity      of      name. 
1917E-122. 

Extrajudicial  identification.     1914B-700. 

Identity  of  person,  as  established  by 
identity  of  name  of  defendant  in 
criminal  prosecution  with  name  of 
person  previously  convicted.  6-1026; 
14^58&. 

Voice,  identification  of  accused  person  by 
his  voice.     14-82;   20-403. 


Privilege  of  AcctLsed. 

Demand  on  accused  in  presence  of  jury 
to  produce  incriminating  evidence  as 
violation  of  privilege.     1912D-261. 

Footprint,  requiring  defendant  to  furnish 
shoe  to  compare  with,  admissibility 
of  evidence  obtained.  9-655;  1917D- 
237. 

Incriminating  articles  taken  from  person 
of  accused,  admissibility  as  evidence 
of  crime.     3-354. 

Search,  or  seizure,  admissibility  of  evi- 
dence secured  by.  15-1205;  1915C- 
1182. 

Waiver  of  constitutional  privilege  of  ac- 
cused, by  testifying  in  his  own  be- 
half.    2-247;    11-822. 


12.    Instructions. 

Corroboration,  necessity  of  cautionary  in- 
struction as  to  conviction  upon  un- 
corroborated evidence  of  accomplice 
in  jurisdiction  where  corroboration  is 
not  necessary.     15-699. 

Erroneous  instruction  as  to  higher  de- 
gree of  crime,  effect  where  jury  are 
properly  instructed  as  to,  and  find 
verdict   for,   lower    degree.     14-989. 

Failure  of  accused  to  testify,  instruc- 
tion   as    to.     3-909;    8-279;    10-950. 

Eeasonable  doubt,  definition  as  doubt 
for  which  juror  can  give  reason, 
propriety.    11-1019. 

— individual  juror,  right  of  defendant 
to  instruction  dealing  with  reason- 
able doubt  of  individual  juror.  11- 
433. 

— propriety  and  effect  of  instruction  that 
jurors  are  not  at  liberty  to  dis- 
believe as  jurors  what  they  believe 
E^   men.     21-564. 


CRIMINAL  LAW. 


233 


CEIMINAL  LAW— Continued. 

Kequested  instruction  given  by  court, 
right  of  defendant  to  complain  on 
appeal.     1913B-75. 


13.    Verdict. 

Absence  of  judge,  right  of  clerk  or  at- 
torney  to    receive    verdict.     16-90. 

Amendment  by  jury  of  sealed  verdict. 
5-395. 

Appeal  from  verdict  of  guilty  but  insane 
at  time  of  commission  of  crime,  right 
of    defendant.     1912A-462. 

Chance  or  quotient  verdict,  validity. 
16-912;   1917C-1225. 

Information  as  to  facts  given  to  jury 
by  one  of  their  number,  effect  on 
verdict.     4-274;    1912B-155. 

Poll  of  jury,  right  of  accused.  1912B- 
1236. 

Validity  of  verdict  influenced  by  pun- 
ishment expected  to  be  imposed. 
1-270. 

Written    verdict,    validity.     12-79. 


14.    Neiw  TrlaL 

Improper  denial  of  challenge  to  juror  for 
cause  as  warranting  reversal  where 
injured  party  has  exhausted  his 
peremptory  challenges.  9-279;  1915D- 
97. 

Intoxicating  liquors,  use  as  ground  for 
new   trial.     10-891;    1912A-1323. 

Justice  of  peace  or  magistrate,  power  to 
reopen  criminal  case  decided  by  him. 
4-767. 

Misconduct  of  jury,  discussion  by  jurors 
of  former  conviction  of  defendant, 
or  submission  of  record  thereof  as 
ground    for.     15-361. 

— recreation  allowed  jury  during  trial  as 
ground.     14-534. 

— refreshment  furnished  juror  by  suc- 
cessful party  as  ground  for  new 
trial.     1912B-750. 

— separation  of  jury  as  ground.  1-287; 
1914A-734;    i916A-253. 

Motion  for  new  trial,  authority  of  suc- 
cessor to  trial  judge  to  pass  upon. 
1914B-1237. 

Kegligence  or  incompetence  of  attorney 
as  ground  for  new  trial.     1913D-498. 


CEIMINAL  LAW— Continued. 

Newly  discovered  evidence,  power  of  ap- 
pellate court  to  grant  new  trial 
on  ground  of  newly  discovered  evi- 
dence.    19-508. 

»— incompetency  of  witness  removed  since 
trial  as  ground.     17-1165. 

— time  when  trial  court  may  grant  new 
trial  on  ground  of  newly  discovered 
evidence.     9-1037. 


15.    Sentence    aad    Punlslunent. 

Alternative  punishments,  imposition  of 
both.     1-734. 

Arrest  of  judgment,  legal  effect  of 
order    sustaining    motion.     1912A-976; 

— objections  to  evidence  as  ground. 
1913E-72. 

Asexualization  statute,  constitutionality. 
1914B-515. 

Cruel  and  unusual  punishment,  what  is. 
1918B-396. 

Cumulative  sentence,  partly  invalid,  ef- 
fect.    10-511. 

Excessive  sentence  as  entitling  prisoner 
to  discharge  on  habeas  corpus  or  ap- 
peal.    7-146;    1916D-368. 

Ex  post  facto  law,  changing  punishment 
as.     3-77. 

Failure  to  ask  convicted  person  if  he  has 
anything  to  say  before  sentence, 
effect.     1916C-95. 

Grade  of  crime,  effect  of  punishment 
actually  imposed  to  reduce  from 
felony    to    misdemeanor.      8-821. 

Increase  of  sentence  imposed  after  de- 
fendant has  served  part  of  his  termj 
right  of  court  to  impose.     1913C-280. 

Informing  prisoner  of  nature  of  charge, 
plea  and  verdict  before  sentence, 
necessity  of.     19-100. 

Joint  or  several  judgment  and  sentence 
in  case  of  two  or  more  defendants 
jointly    convicted.      1913C-75. 

Mitigation  or  aggravation  of  sentence, 
admissibility  of  evidence  after  con- 
viction.    14-968. 

Other  offenses  pending  against  prisoner, 
right  to  have  disposed  of  finally  in 
passing  sentence.     20—873. 

Pardon,  power  of  governor,  as  confined 
to  offenses  against  state.     1914A-484. 


234    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


CBIMINAL  LAW — Continued. 

Eemand  for  proper  judgment,  power  of 
reviewing  court.     3-1024. 

Ees  judicata,  criminal  judgment  as  res 
judicata  in  civil  or  penal  action.  5- 
78;   21-1184. 

— divorce  decree  as  res  judicata  with  re- 
spect to  conviction  of  felony.  1916B- 
891. 

Eevision,  power  of  trial  court  to  revise, 
correct  or  amend  judgment  after 
execution.     11-298, 

Second  offense,  necessity  that  former  con- 
viction be  alleged  and  proved  before 
penalty  for  second  offense  can  be  im- 
posed.    1912A-1000. 

Statute  providing  penalty  or  punishment 
not  mentioned  in  title,  validity. 
1912D-157. 

Sunday,  validity  of  sentence  pronounced 
on  Sunday.     1916B-10. 

Suspension,  power  of  court  to  suspend  sen- 
tence and  resentence  after  suspension. 
8-386;   14-722;   1912B-1192. 

CRIMINATION  OF  SELF. 

See  Criminal  Law;  Witnesses. 


CRIPPLES. 

Injuries  permanently  crippling  or  dis- 
abling, excessiveness  of  verdict.  16- 
49;  1913A-1382. 


CRITICISM. 


Court  decision,  criticism  by  attorney  as 
ground  for  disbarment.  15-205; 
1918A-283. 

Dramatic    criticism    as    libel    or    slander. 

1912B-985. 
Literary    criticism    as    constituting    libel. 

1-330. 
Political   criticism   of   candidates   as   libel 

or  slander.     1914C-997;    1917A-306. 

CROPS. 

1.  In  General. 

2.  Bight  to  Crops. 

3.  Actions  for  Loss  or  Injury. 


1.    In  General. 

Attachment  of  growing  crop,  what  is  suffi- 
cient levy.     1916B-994. 


CEOPS — Continued. 

Cropper's  contract,  abandonment,  effect 
on  rights  of  parties.     1915A-1114. 

— relation  between  owner  of  premises  and 
person  working  land  for  share  of 
crops.     1914B-148. 

Execution,  sufficiency  of  levy  on  standing 
crop.     15-884. 

Exemptions,  homestead  exemption  as  ex- 
tending to  crops.     1912A-120. 

Frauds,  statute  of,  contracts  for  delivery 
of  crops  to  be  gathered  and  threshed 
as  within  statute.     19-1301. 

Fruit  growing  on  trees  as  realty  or  person- 
alty.    1912C-736. 

Liens,  right  of  farm  laborer  to  lien  on 
crops.     20-356. 

Mortgage,  or  agreement  to  mortgage, 
crops  to  be  planted,  validity.     5-400. 

Parol  reservation  by  vendor  of  land,  va- 
lidity. 18-504;  1915A-1155;  1916C- 
344. 

Eeplevin,  growing  or  standing  crops  as 
subject  to.     5—480. 

Waste,  removing  crops  or  manure  as  con- 
stituting.    1918D-546,  553. 


2.     Eight  to  Crops. 

Decedent's  estate,  succession  to  growing 
crops.     17-943. 

Entirety,  wife's  right  to  crops  of  estate 
by   entirety.     4-1101. 

Landlord  and  tenant,  forfeiture  of 
tenant's  estate  by  his  own  act,  right 
of  landlord  to  growing  crops.  15- 
1033. 

— termination  of  lease  for  fixed  period, 
right  of  tenant  to  crops.     9-1139. 

Life  estate,  right  to  growing  crops  upon 
death  of  life  tenant.     14-38. 

Trespasser's  right  to  crops  sown  by  him. 
21^31;    1915D-359. 

[Vendor  and  purchaser,  termination  of 
executory  contract  for  sale  of  land, 
right  to  crops.     1913B-635. 


S.    Actions  for  Lobs  or  Injury. 

Anticipatory  breach  by  vendee  of  con- 
tract for  sale  of  crops  for  future  de- 
livery, measure  of  damages  recover- 
able by  vendor.    1913C-765. 


CROQUET  GAME— CUMULATIVE  EVIDENCE. 


235 


CTEOPS — Continued. 

Leased  lands,  liability  of  third  person  to 
landlord  for  injury  to  crops.  1912D- 
122. 

Loss  or  injury  to  growing  crops,  measure 
of  damages.     6-949;   12-782. 


CROQUET  GAME. 

Noise    arising   from   playing   as  nuisance. 
1912B-429. 


CROSS-BILL. 

Divorce,  action  by  spouse  other  than  for 
divorce,  right  to  file  cross-bill  for 
divorce.     1912B-743. 

New  parties,  right  to  bring  in  by  cross- 
bill.    20-1151. 

Quieting  title,  right  to  affirmative  relief 
on    cross-bill.      1917D-674. 


CROSS-EXAMINATION. 

Accused  testifying  in  his  own  behalf, 
right    to    cross-examine.      2-247. 

Expert  witness,  right  to  cross-examine  as 
to     competency     before     he     testifies. 

7-583. 

Extent  permissible  to  show  hostility  or 
ill   will   of   witness.      1914B-537. 

Failure  to  cross-examine  as  raising  pre* 
sumption  against  party.     1914A-932. 

Interpreter,  cross-examination  of.  191 3B- 
264. 

Limiting  to  scope  of  direct  examination 
of  witness.     17-4. 

Transaction  with  decedent,  cross-examina- 
tion of  witness  as  waiver  of  right  to 
exclude    testimony.      1918D-202. 

Want  of  cross-examination  by  reason  of 
illness  of  witness  or  otherwise,  re- 
ception of  testimony  as  reverbiblo 
error.     16-364. 


CROSSINGS. 

See   Eailroads;    Street    Railways;    Streets 
and  Highways. 

CROSSING  TRACKS. 

Passenger  alighting  from  street-car  and 
crossing  parallel  track  without  look- 
ing.    6-705;   12-912;   1916E-998. 


CROSS-MARKS. 

Elections,  validity  of  ballot  with  respect 
to  kind  of  mark  for  candidate. 
1918A-I131,  1160,  1165. 


CROSS  REMAINDERS. 

Cross-remainders  by  implication.     1916B- 
713. 


CROWDS. 

Department  store,  liability  of  proprietor 
for  injuries  caused  by  crowd.     18-42. 

Obstruction  of  street  by  assembling  of 
crowd   as   nuisance.     1916B-971. 

Station  platform,  liability  of  carrier  to 
passenger  for  injuries  caused  by 
crowd.     1913C-574. 


CRUEL  PUNISHMENT. 

(What    is    cruel    and    unusual    punishment. 
19-725;   1918B-396. 


CRUELTY. 

Desertion  of  spouse  caused  by  cruelty  as 
warranting  divorce.     21-282. 

Divorce  decree  as  res  judicata  with  re- 
spect to  cruelty.     1916B-887. 

Habits  or  course  of  conduct  of  spouse  as 
cruelty  warranting  divorce.  1918B- 
480,  500. 

Personal  violence,  necessity  to  constitute 
cruelty  warranting  divorce.     9-1090. 

Separation  agreement  as  bar  to  action  for 
divorce  on  ground  of  cruelty.  1916C— 
351. 


CULTIVATION   OF   LAND. 

Pailure    to    cultivate    as    waste.      1918I>- 
547,  553. 


CUMULATIVE  EVIDENCE. 

Nonproduction  of  cumulative  evidence  as« 
raising  presumption  against  party. 
1914A-915. 

"What  is  within  rule  excluding  cumulative 
as  newly  discovered  evidence.  1913D- 
157. 


236     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  AN^.  CAS.  1918E. 


CUMULATIVE  SENTENCE.    cimTESY-continuea. 


Cruel  and  unusual  punishment,  cumulative 
sentence  as  constituting.     19-732. 

Invalidity  of  part  of  cumulative  sentence, 
effect.     10-511. 


CURATIVE  STATUTES. 

Appeal  validated  after  time  to  appeal  has 
elapsed,  validity  of  statute.  1913D- 
1261. 

Power  of  legislature  to  enact  as  affected 
by  commencement  of  action  in  refer- 
ence' to  matter  sought  to  be  cured. 
11-694. 

Validation  of  contracts  of  noncomplying 
foreign  corporation.     2-68. 


CURB  MARKET. 

Sales  by  stock  brokers  on  the  curb,  valid- 
ity of.     6-107. 


CURSING. 

Blasphemy  and  profanity.     1914A-812. 


CURTESY. 

Aliens,  right  to  take  estate  as  tenant  by. 
7-504. 

Antenuptial  agreement  for  release  of  in- 
terest in  property  of  intended  spouse, 
validity.      4-804;    16-710;    1914B-620. 

Barring  of  curtesy  by  instrument  creating 
separate  estate   of  wife.     21-1136. 

Debts  of  wife,  estate  by  curtesy  as  subject 
to  payment.     1912C-575. 

Divorce  as  barring  right.     17-730. 

Election,  act  of  husband  as  tenant  by 
curtesy  as  constituting  election  to 
take  under  wife's  will.     1916C-1205. 

Estate  by  curtesy  initiate  as  subject  to 
payment  of  debts  of  husband.  1914C- 
1187. 

Jnsurable  interest  of  tenant  by  curtesy. 
2-33. 

Lands  held  under  contract  of  purchase, 
right  of  curtesy  in.     15-580. 

Life  estate,  right  of  curtesy  in  lands  sub- 
ject to.     6-93. 


Seizin  and  birth  of  issue,  necessity  of 
concurrence  to  support  estate.  15- 
730. 


CURTILAGE. 

Burglary  of  buildings  within  curtilage, 
description  in  indictment,  sufficiency. 
1913D-870. 


CURVES. 

Liability  for  injuries  caused  by  street-car 
striking  pedestrian  in  rounding  curve. 
1916E-679. 


CUSTODIAN  OF  ENEMY 
PROPERTY. 

Powers  and  duties.     1918C-713,  741. 

CUSTODY. 

See  Parent  and  Child. 

Contract  by  parent  transferring  custody 
of  child,  validity.  6-939;  11-217; 
1913B-886;  1916A-996. 

Taking  child  from  custody  of  parent  as 
element  of  crime  of  abduction. 
1913A-585. 

Wife,  right  of  husband  to  control  or 
custody.     1914C-1147. 

CUSTODY  OF  LAW. 

Funds  in  legal  custody  as  reachable  by 
creditor's   bill.     1914B-960. 

Injunction  against  execution  sale  of  prop- 
erty in  legal  custody,  right  to.  1918C- 
230. 

CUSTOM. 

See  Usages  and  Customs. 

Architects,  retention  of  ownership  of 
plans    submitted.      2-714. 

Unconscious  performance  of  physical  act 
as  result  of  constant  repetition  of 
act.     1913A-1143. 

CUSTOMS  DUTIES. 

"Knowingly"  entering  goods  under  false 
invoice.     1912A-434. 


CUSTOMS  OFFICERS— DAMAGES. 


237 


CUSTOMS  OFFICERS. 

Injury   on   wharves,   docks   or   piers,   right 
to  damages.     1916C-142. 


CUTS. 

Excessiveness  or  inadequacy  of  verdict 
for  injuries.  16-41;  I913A-1377; 
1916B^04. 


CUTTING  TIMBER. 

Eight  to  cut  after  expiration  of  time 
specified  in  contract  of  sale.  4-1050; 
12-731. 


CYCLING. 

Injury  to  canvasser  or  collector  while 
cycling  as  accident  in  course  of  em- 
ployment within  Workmen's  Com. 
pensation  Act.     1913C-10,  12. 


CYCLONE  INSURANCE. 

storm    contemplated    by    policy.      1913A- 
272. 


CY    PRES    DOCTRINE. 

General     charitable     intent     essential     to 
application.     1-541;   1912D-1170. 


D 


DAILY  NEWSPAPER. 

What  is  "daily"  newspaper.     16-421. 


DAMAGE  BY  ELEMENTS. 

Construction  of  such  or  similar  phrase  as 
used  in  contract.     1917B-296. 


Meaning     of     term 
1913A-1100. 


DAMAGED. 

as    used 


in    lease. 


DAMAGES. 

1.  In  General. 

2.  Bight  of  Action. 

3.  Elements  of  Damages. 

4.  Measure  of  Damages. 

5.  Nominal  Damages. 

6.  Exemplary  or  Punitive  Damages. 

7.  Double  and  Treble  Damages. 

8.  Iiiquidated  Damages  or  Penalty. 

9.  Mitigation  or  Aggravation. 

10.  Excessiveness  or  Inadequacy  of  Ver- 

dict. 

11.  Pleading. 

12.  Evidence. 

13.  Instructions. 

14.  Mode  of  Assessment. 


DAMAGES — Continued. 

1.    In  GeneraL 

"All  damages,"  meaning  of  term.     1917E- 

82. 

Assignability  of  cause  of  action  for  dam- 
ages for  breach  of  contract.  1912A- 
497. 

Equity  jurisdiction  of  several  actions  for 
damages  on  account  of  same  tort  on 
ground  of  multiplicity  of  suits.  16- 
694;    1914B-697. 

Exoneration  between  municipality  and 
abutting  owner.  1-945;  14-1047; 
1918C-1144. 

Injunction,  accounting  for  damages  in  ac- 
tion to  enjoin  unfair  competition  or 
infringement  of  trademark,  power  of 
court  to  decree.     20-59. 

»!— alternative  damages  to  injunctive  relief, 
validity  of  decree  awarding.     13—439. 

Quo  warranto,  whether  fine  or  judgment 
for  damages  may  be  imposed.  1913D- 
942. 

iVenue,  forum  in  which  action  must  be 
brought  for  damages  to  realty.  3-344; 
21-1314;  1913E-597. 

2.    Eight  of  Action. 

Abduction  or  enticing  away  of  child,  right 
of  father  to  maintain  action  for  dam- 
ages.    1914A-896. 

Adjoining  land  owner,  railroad  constrne- 
tion  through  land  over  which  it  has 


238     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


DAMAGES — Continued. 

acquired    right    of   way,   right    of    ac- 
tion for   damages.     19-335. 

Animals,  trespass  by  fowls  on  another's 
land,  right  to  damages  against  their 
owAer.     1913C-757. 

Blasting  accompanied  by  actual  physical 
invasion  of  property  as  creating  liabil- 
ity for  injury  as  a  trespass.     11-347. 

Brokers,  real  estate  broker's  right  to  re- 
cover damages  from  purchaser  pro- 
cured by  him  for  breach  of  contract 
of  purchase.     11-476. 

Carriers,  ejection  of  passenger  holding  in- 
valid ticket  through  carrier's  fault, 
right  to  recover  damages.     9-889. 

— panic  -on  street-car,  right  of  passenger 
to  recover  for  injuries.     1913D-907. 

— ^personal  injury  of  passenger,  care  re- 
quired of  injured  person  as  affecting 
right  to  damages.     21-513. 

Civil  rights,  action  for  damages  for  vio- 
lation of  statute.     9-72. 

Contracts,  anticipatory  breach  of  life  in- 
surance contract,  right  to  sue  for 
damages.     9-665;    12-38. 

— deceit,  right  of  action  for  damages  as 
affected  by  performance  of  contract 
after  discovery  of  fraud.     7-280. 

— unenforceable  contract,  right  of  action 
to  recover  damages  for  breach. 
1915I>-540. 

Copyrights,  common-law  action  for  dam- 
ages for  infringement.     5-279. 

— unauthorized  use  of  literary  production 
of  another,  right  to  damages  in  ab- 
sence of  statute.     13-257. 

Corporations  but  not  individuals  subjected 
to  damages,  validity  of  statute. 
1914B-975. 

— ^forged  or  spurious  stock  certificates, 
right  of  bona  fide  purchaser  to  re- 
cover damages.     5-251. 

Death  by  wrongful  act,  child  injured  be- 
fore birth,  right  to  recover  for  death. 
1914C-615. 

— ^instantaneous  death  as  affecting  right 
to   recover  damages.     3-54. 

Eminent  domain,  consequential  damages 
arising  from  proper  exercise  of  gov- 
ernmental powers  as  taking  of  prop- 
erty.    4-1185. 

— exelusiveness  of  statutory  remedy  for 
damages  for  taking  of  property.  14- 
1150. 


DAMAGES — Continued. 

— subsequent  accrual  of  damages,  award 
in  eminent  domain  proceedings  as  bar 
to    recovery.     1915A-583. 

— voluntary  discontinuance  as  entitling 
land  owner  to  recover  compensation. 
8-734;  1912B-944;  1916D-723;  1916E- 
991. 

— ^waiver  by  land  owner  of  right  to  com- 
pensation for  taking  of  lands  under 
power  of  eminent  domain.     8-855. 

Fences,  erection  of  spite  fence,  right  to 
recover  damages  for.     19^78. 

Goodwill,  recovery  of  damages  for  injury 
to    goodwill    of    business.     1914B-879. 

Imprisonment  of  husband,  right  of  wife  to 
recover  damages.     1916C-481. 

Indemnity,  necessity  of  actual  damage  be- 
fore recovery  on  contract.  1913D- 
1152. 

Injunctions,  acts  of  defendant  pending  suit 
rendering  injunction  ineffective,  right 
of  plaintiff  to  recover  damages. 
1914D-179. 

— damages  sustained  after  injunction 
made  permaneut,  recovery  on  injunc- 
tion  bond.     16-1123;    1913C-1277. 

Insurance  company  failing  or  refusing  to 
pay  loss,  constitutionality  of  statute 
imposing  damages.     5-405;   14-301. 

Interstate  commerce  act  violations,  juris- 
diction of  action  for  damages.  4-773; 
1912A-613. 

Intoxicating  liquors,  wrongful  revocation 
of  liquor  license,  right  of  licensee  to 
recover  damages.     14-674. 

Irrigation  ditch,  liability  of  owner  for 
damages  arising  from  construction 
and  maintenance.  13-267;  1916I>- 
981. 

— obstruction  or  injury  of  irrigation  ditch, 
right  of  water  user  to  damages. 
1913E-106. 

Judgment  obtained  by  perjury  as  giving 
injured  party  right  of  action  for  dam- 
ages.    18-23;    19130-802. 

Landlord  and  tenant,  abandonment  of 
premises  by  tenant,  recovery  of  dam- 
ages by  landlord  under  covenants  of 
lease.     14-1092. 

— eviction  of  tenant,  by  title  paramount, 
right  to  recover  damages.  1916D- 
1147. 


DAMAGES. 


239^ 


DAMAGES — Continued. 

— forcible  ejectment  after  termination  of 
lease,  right  of  tenant  to  recover 
against  landlord.     12-770. 

— nuisance  existing  at  commencement  of 
tenancy,  right  of  landlord  to  recover 
damages   to  premises.     6—150. 

— water  fixtures  used  hj  one  tenant  caus- 
ing injury  to  another  through  defects, 
liability  of  landlord.     14-1125. 

— wrongful  eviction,  recovery  of  damages 
by  tenant.     6-460;   1912A-860. 

Legal  proceedings,  liability  for  damage 
caused  by  exercise  of  right  to  institute 
or   continue.     21-873. 

Libel  and  slander,  liability  of  master  or 
principal  for  libel  or  slander  by  ser- 
vant or  agent.     21-343. 

Marriage  induced  by  fraud,  right  to  dam- 
ages.    1915D-220. 

Mines  and  minerals,  vendee  under  con- 
tract of  sale,  right  to  sue  for  dam- 
ages.    1913C-1103. 

Patents,  governmental  agents  as  liable 
for  infringement  of  patent  rights. 
15-1110. 

Personal  injuries  resulting  from  breach  of 
warranty  of  sale,  right  to  recover 
damages.     5-588. 

Eailroads,  street  laid  out  across  railroad 
right  of  way,  recovery  for  loss  of 
property    rights.     15-14. 

Relatives,  liability  for  refusing  to  permit 
person  to  visit  relative  or  attend 
funeral.     1914A-1248. 

Restraint  of  trade,  unlawful  combination 
to  prevent  merchant  getting  goods  to 
sell,  right  of  action  for  damages.  9— 
1189. 

Sales,  breach  of  warranty,  right  of  condi- 
tional vendee  to  recover  damages. 
1918B-914. 

— toy  pistol,  liability  of  seller  in  damages 
for  injurv  to  child  resulting  there- 
from.    19130-804. 

Seduction,  right  of  woman  seduced  to  re- 
cover   damages.     8-1115;    1912B-1062. 

Streets  and  highways,  access  to  property, 
special  injury  resulting  from  street 
obstructions  interfering  with  owner's 
access,    what    constitutes.     11-289. 

— change  of  established  street  grade  after 
improvements  made,  right  of  abut- 
ting owner  to  recover  damages. 
1916D-1143;    1916E-371. 


DAMAGES — Continued. 

— obstruction  of  highway,  right  of  pri- 
vate citizen  to  recover  damages  for 
nuisance.     1914C-1128. 

— special  damage  to  abutting  owner  by 
construction  of  street  railway  in  high- 
way.    21-1379. 

Telegraph  company,  claims  against,  pres- 
entation within  certain  time,  validity 
of  stipulations  on  telegraph,  blanks 
requiring.     4-613. 

— failure  to  deliver  message  containing 
offer  to  make  contract,  liability  of 
telegraph   company.     1914C-208. 

—telegrams,  necessity  that  damages  from 
failure  to  transmit  be  contemplated. 
1-361;    10-479. 

Trademarks  and  trade  names,  infringe- 
ment, recovery  in  equity  and  in  ac- 
tions at-  law.     18-461. 

Tree  overhanging  boundary  line,  right  of 
adjoining  land  owner  to  damages  for 
injuries    caused.     1918B-1166. 

Vendor  and  purchaser,  grantee  injured  l)y 
subsequent  conveyance  of  land  to  an- 
other, right  to  recover  damages  from 
grantor.     20-1126. 

Waste,  right  of  action  of  contingent  re- 
mainderman.    1912A-543. 

Waters,  percolation  of  water  from  arti- 
ficial reservoirs,  liability  of  owner. 
5-681;   13-219. 

- — pollution  of  stream,  joint  liability  of 
persons  acting  independently.  10- 
773. 


3.    Elements   of  Damages. 

Attachment,  injury  to  credit  as  element 
of  damages  for  wrongful  attachment. 
1915A-1221. 

Breach  of  promise  of  marriage,  seduc- 
tion as  element  of  damages.  5-107; 
8-917;    1914B-1200. 

Carriers,  passenger  carried  beyond  desti- 
nation, elements  of  recovery.  16- 
187;    1914A-333. 

Conflict  of  laws  as  to  elements  of  dam- 
ages in  actions  of  tort.     4-524. 

Criminal  conviction  or  acquittal  as  af- 
fecting  recovery   of   damages.     5-80. 

Dead  bodies,  mutilation,  elements  of  dam* 
ages    recoverable.     1918D-736. 


240    INDEX  TO  THE  NOTES,  1  AN^.  CAS.  TO  ANN.  CAS.  1918E. 


DAMAGES — Continued. 

Death  by  wrongful  act  as  element  of  re- 
covery in  civil  action  between  third 
persons.     1917B-886. 

— element  of  earning  capacity  or  life  ex- 
pectancy as  affected  by  evidence  of 
habits  or  physical  condition  of  de- 
ceased.    1916E-652. 

— ^funeral  expenses  as  element.  6-201; 
13-744. 

— law  governing  distribution  of  damages 
recovered.     8-149;    1913D-282. 

Dentists,  elements  of  recovery  for  mal- 
practice.    1914A-276;     1918C-1192. 

Ejectment,  interest  for  the  value  of  prem- 
ises during  period  of  detention  as 
recoverable.     16-853. 

Eminent  domain,  contingent  advantage  to 
owner  as  element  of  compensation. 
1914B-512. 

— danger  of  injury  to  persons  or  livestock 
as  element  of  damages  to  land  by 
construction  of  electric  power  line  or 
railroad.  11-697;  19-929;  191oA- 
1255. 

— deduction  of  benefits  in  assessing  dam- 
•ages.     13-603;    19-859;    1914B-478. 

— ^fears  of  injury  resulting  from  use  of 
land  taken  as  element  of  damages. 
1917C-884. 

— ^fixtures,  value  as  element  of  damages 
in  condemnation  of  property.  1916C- 
780. 

• — ^injury  to  personal  property  or  expense 
of  removal  from  premi^^es,  compen- 
sation recoverable.  8-696;  16-787; 
1918B-886. 

^interest,  right  to  as  part  of  compensa- 
tion in  condemnation  proceedings. 
15-108. 

—loss  of  profits  or  injury  to  business  as 
element   of    damages.     1918B-869. 

• — source  of  water  supply,  availability  of 
stream  on  land  as  element  of  value. 
1912C-1238. 

Fright,  bodily  pain  and  suffering  result- 
ing from  fright  without  actual  physi- 
cal violence,  right  to  recover  for. 
12-741. 

Interest,  conversion  or  injury  of  property, 
allowance  of  interest  on  damages,  1- 
763. 

— personal  injuries,  right  of  jury  to  allow 
interest  on  damages.  1913B-207; 
1914D-996. 


DAMAGES — Continued. 

— statutory  designation  of  recoverable 
damages,  right  to  recover  interest  in 
absence    of    provision.     1913B-857. 

Landlord  and  tenant,  eviction  of  tenant, 
elements   of   damage.     6—460. 

Libel  and  slander,  counsel  fees  in- action 
for  libel  or  slander,  recovery  as  dam- 
ages.    16-514. 

— ^loss  of  election  or  appointment  to  of- 
fice as  element  of  damages.  1918B- 
1129. 

Life  estate,  right  of  life  tenant  to  re- 
cover damages  for  injury  both  to  life 
estate  and  to  inheritance.    1916C-881. 

Loss  of  time  as  element  for  loss  of  prop- 
erty.    17-1080. 

Loss  of  use  in  case  of  injury  to  article 
used  for  pleasure,  right  to  recover. 
1917A-127. 

— vessel,  loss  of  use  resulting  from  colli- 
sion without  total  loss,  right  to  re- 
cover.    1917B-999. 

Mental  suffering,  assault  cases,  mental 
suffering  as  element  of  damages. 
1915C-84. 

— carriers,  breach  of  contract  of  carriage 
of  goods  or  baggage,  mental  suffering 
as   element   of   damages.     1915D-89. 

— death  by  wrongful  act,  mental  anguish 
as  element  recoverable  by  parent  for 
death  of   minor   child.     1916B-534. 

— evidence,  necessity  and  competency, 
1912B-538. 

— ^libel  or  slander,  mental  or  physical  suf- 
fering, right  to  recover  damages. 
1914C-291. 

— physical  injuries  of  another,  mental 
suffering  as  element  of  damages. 
5-579. 

— separate  action,  right  to  recover  for 
mental  anguish   in.     6—48. 

— telegraph  cases,  conflict  of  laws  as  to 
recovery.     7-1068;  19-1063. 

— delay  in  delivery  of  telegram,  person 
whose  name  or  interest  does  not  ap- 
pear on  face  or  otherwise,  right  to 
recover   for   mental    anguish.     10-648. 

— mental  anguish  doctrine  in  telegraph 
cases.  1-355,  359;  8-474;  13-399; 
1912D-838. 

— statute  permitting  recovery  for  mental 
anguish,    validity.     1913C-865. 

Personal  injuries,  future  pain  and  suffer- 
ing, right  to  recover  for.     9-1051. 


DAMAGES. 


241 


DAMAGES — Continued. 

• — ^humiliation  or  mortification  on  account 
of  disfigurement  as  element  of  dam- 
ages   recoverable.     1918D-65. 

— impairment  of  prospects  of  marriage  as 
element.     15-53. 

• — loss  of  consortium,  right  of  husband  to 
recover  where  statute  gives  wife 
right   of  action  for  injuries.     1912B- 

1125;  igiec-sse. 

— loss  of  earnings  by  married  woman  in 
consequence  of  personal  injuries.  4- 
205. 

— loss  of  services  of  minor  child  as  ele- 
ment of  recovery  by  mother  deserted 
by  her  husband.     1912A-991. 

—loss  of  society  of  child  as  element  of 
damages  in  actioii  by  parent.  18- 
479. 

^loss  of  time  or  earning  capacity  as 
element  in  action  by  infant  for  per- 
sonal   injuries,     8-1107. 

—loss  of  unborn  child  as  element  in  ac- 
tion  for   injuries    to   woman.     19-266. 

— nursing  rendered  gratuitously,  value 
as    element    of    damages.     1914D-926. 

Profits,  breach  of  contract,  profits  as 
damages,  right  to  recover  where  prof- 
its are  very  object  of  contract. 
1914D-36. 

—brokers,  breach  of  contract  to  sell  on 
commission,  recovery  of  profits,  as 
damages.  6-976;  10-654;  1917B- 
1194. 

•—building  contract,  prospective  profits 
as  damages  on  rescission  of  contract 
for  failure  of  owner  to  make  pay- 
ment.    1916C-59. 

■ — collision,  prospective  profits  as  element 
of  recovery  for  total  loss  of  vessel. 
6-131. 

— personal  injuries,  business  profits  as  ele- 
ment of  damages,     11-45;  17-658. 

— telegram,  delay  in  delivery,  loss  of 
profits  as  element  of  damages. 
1914A-1297. 

Replevin,  detention  of  property,  value  of 
use  as  recoverable  by  successful 
party  in  replevin.  1914A-378;  1917B- 
1086. 

■ — further  detention  during  appeal,  right 
to    recover    damages.     1916A-622. 

—right  of  defendant  to  compensation  for 
depreciation  in  value  of  property  re- 
turned.    2-9G1. 

Sales,  breach  of  contract  for  sale  of  per- 
sonalty, insurance,  storage  and  resale 
Index  to  Kotes — 16 


DAMAGES — Continued. 

charges     as     elements     of     recovery. 

1913A-615. 
— food,   consequential  damages  for  breach 

of  implied  warranty  on  sale.    16-497; 

1913B-114;    1915C-143. 
— seed,  failure   of   crop,  seed  not  true  to 

name,   and   noxious   seed    as    elements 

of   damages  for   breach   of  warranty. 

1918B-83,   96. 

Special  damages  properly  pleaded  con- 
sisting of  liability  incurred  but  not 
paid,  right  to  recover  in  action  of 
tort.     1913D-761. 

Subjacent  support,  risk  of  future  sub- 
sidence as  element  of  damages.  5— 
760. 

4.    Measure   of   Damages. 

Acknowledgment,  falsely  certifying,  dam- 
ages  recoverable.     13-719. 

Adjoining  land  owners,  injury  to  lateral 
and  subjacent  support.  5-219,  760; 
10-77. 

Agency,  exclusive  selling  territory  of 
agent  invaded  by  principal,  damages 
recoverable    by  agent.     1912C-1252. 

Alienation  of  affections  of  husband,  dam- 
ages recoverable  by  wife.  6-665; 
1916C-752. 

— measure  of  recovery  in  action  against 
parent  or  guardian.  8-815;  191 7E- 
1021. 

■ — recovery  against  relative  other  than 
parent    or    guardian.     1917E-1029. 

Ancient  lights,  measure  for  obstruction. 
1913A-741. 

Animals,  communication  of  disease  by 
animals  to  other  animals,  measure  of 
damages.     15-1003. 

Attachment,  counsel  fees  as  recoverable 
on   dissolution.     10-954;   1914D-815. 

— injury  or  loss  of  attached  property, 
measure  of  damages  recoverable  from 
attaching  officer.     1912A-1116. 

— ^wrongful  levy  of  attachment,  damages 
recoverable.     1915B-1219. 

Attorney,  negligence  or  breach  of  duty, 
extent   of   liability.     1917B-38,   54. 

Automobile  sales  agency  contract,  meas- 
ure of  damages  for  breach,  1917E- 
576. 

Bills  and  notes,  dishonored  bill  of  ex- 
change, damages  recoverable  by 
holder.     1913A-810. 


242    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


DAMAGES — Continued. 

Building  contract,  measure  of  damages 
for  defective  work.  1913B-781; 
1916E-752. 

Burglary  insurance,  damages  recoverable 
in  action  on  policy.     1913C-1181. 

Carriers  of  goods,  delay  in  transporting 
goods  for  exhibition  purposes,  meas- 
ure  of   damages.     5-827;    1918E-1057. 

— depreciation  in  value  of  goods  as  re- 
sult of  delay  in  transporting.  1917D— 
164,    173,    180. 

— deviation  of  route,  measure  of  damages 
for  injury  to  goods  or  livestock.  15- 
79;    1914B-1004. 

— discrimination  in  favor  of  other  ship- 
per, measure  of  damages  recoverable. 
1915A-337. 

Carrier  of  passengers,  boarding  train  for 
purpose  of  being  expelled,  amount 
of  damages  recoverable.     12-489. 

— delay  in  transporting  passenger,  meas- 
ure of  damages.  17-954;  1915  A- 
1078. 

— failure  of  carrier  to  stop  at  flag  station 
to  receive  passengers,  measure  of 
damages.     12-1003. 

— robbery  or  larceny  of  passengers'  ef- 
fects.    1918E-586. 

Checks,  wrongful  dishonor  of  check,  dam- 
ages recoverable  by  deposition.  7- 
819;    10-899;    1913A-1001. 

Confusion  of  goods,  measure  of  damages 
for    wrongful     confusion.     1913E-672. 

Contract  to  pay  sum  of  money  in  speci- 
fied articles  or  commodity,  measure 
of    damages    for    breach.     1916A-965. 

— ^breach  by  one  party,  measure  of  recov- 
ery by  other  party.     19180-891. 

— government  contract,  measure  of  recov- 
ery  against  contractor  for  breach. 
1918E-8. 

— insurers'  contract  to  repair  or  rebuild, 
measure  of  damages  for  breach. 
16-108. 

— ^interference     with     contract     relations. 

2^43;    1912D-1162. 
— ^lessee's    contract    to    insure     premises, 

damages      recoverable      for      breach. 

1918E-303. 

— part  performance  of  contract  for  ser- 
vices void  under  statute  of  frauds, 
measure   of  recovery.     4—463. 

— theatrical  contract,  damages  for  breach 
of  contract  for  services  of  theatrical 
performer.     1914B-9;    19170-395. 


DAMAGES — Continued. 

— will,  broach  of  contract  to  make  will. 
1918A-854. 

Conversion  of,  or  failure  to  deliver  house- 
hold goods.     3-891;    1917B-585. 

• — mortgaged  chattels  by  third  person, 
measure  of  recovery  in  trover  by 
mortgagor.     21-82. 

— shares  of  stock,  damages  recoverable. 
18-608;    19160-641. 

Corporation,  deprivation  of  stockholders' 
preference  right  to  subscribe  for  new 
stock,   measure   of   damages.     9-747. 

— ^refusal  of  corporation  to  transfer  shares 
of  stock  on  books,  damages  recover- 
able.    13-300. 

Criminal  conversation,  damages  recover- 
able by  wife  in  action  for.  19160- 
752. 

— condonation  as  element  in  mitigation 
of    damages.     10-62. 

Crops,  loss  or  injury  to  growing  crops, 
damages    recoverable.     6-949;    12-782. 

Death  by  wrongful  a,ct,  damages  recover- 
able in  action  by  collateral  next  of 
kin.     10-113. 

— ^husband  or  parent's  death,  measure  of 
damages.     3-103;   16-932. 

— intoxication  as  cause  of  death,  damages 
recoverable  against  liquor  seller.  1- 
134;   1917B-540. 

—minor  child's  death,  measure  of  recov- 
ery by  parent.  19120-58;  1916B- 
532. 

— wife's  death,  measure  of  recovery  by 
husband.     1915A-700. 

Elections,  rejection  of  elector's  vote  by 
election  oflBcers,  damages  recoverable. 

20-1014. 

Eminent  domain,  measure  based  on  value 
arising  from  adaptability  to  partic- 
ular use.     1916E-S86. 

— street  laid  across  railroad  right  of  way, 
damages  recoverable  by  railroad.  15- 
15. 

Exchange  of  property,  damages  recover- 
able  for  breach   of   contract.     15-475. 

— false       representations       inducing       ex-   ' 
change,  measure  of  damages.     15-458. 

False  imprisonment,  measure  of  damages. 
8-36. 

Federal  Employers'  Liability  Act,  dam- 
ages   recoverable     under.     1914C-181. 

Fire  insurance,  breach  of  contract  by  fire 
insurance      agent      to      insure      own- 


DAMAGES. 


243 


DAMAGES — Continued. 

er's     property,     damages     recoverable. 
1918B-1040. 

Fraud,  misrepresentation  as  to  value  of 
goods  sold,  measure  of  damages. 
1913E-274. 

Gas  company  wrongfully  refusing  to  sup- 
ply gas,  damages  recoverable.  1915B- 
96. 

Injunction,  dissolution  of  injunction, 
counsel  fees  as  recoverable.  8-712; 
13-262;    1912D-715. 

— wrongful  issuance  of  injunction,  meas- 
ure  of   damages.     1918C-317. 

Insane  person,  action  against  lunatic  for 
tort,    measure    of    damages.     21-135.5. 

Landlord  and  tenant,  agreement  to  take 
lease,  liability  of  proposed  lessee  for 
breach.     1912C-1053. 

— delivery  of  possession,  damages  recov- 
erable for  failure  of  landlord.  1915B- 
805. 

— holding  over  without  consent  of  land- 
lord,  measure   of  recovery.     17-284. 

— improvements,  recovery  for  breach  of 
covenant   to   make.     4-899. 

— renewal  of  lease,  damages  recoverable 
from  lessor  for  failure  to  review. 
1913D-208. 

— ^repairs,  damages  recoverable  for  breach 
of  covenant  to  repair  by  either  land- 
lord or  tenant.     14—152;  15-563. 

— third  person  injuring  premises,  damages 
recoverable.     1912D-128. 

Libel  and  slander,  lawyer,  damages  re- 
coverable for  libel  or  slander  against 
lawyer.     1912A-381. 

— measure  of  damages  recoverable  against 
master  or  principal  for  libel  or  slan- 
der by  servant  or  agent.     21-346. 

Livestock,  measure  of  damages  for  in- 
juries  to.     5-416;   13-1141. 

Market  value,  measure  for  loss  or  destruc- 
tion of  property  having  no  market 
value.     9-1148;    1917B-579. 

Mines     and     minerals,     appropriation     of 

mineral    lands,    measure    of    damages. 

2-966. 
— 'extraction     of    minerals    by    tenant     in 

common,       recovery       by       cotenant. 

1918B-584. 
— flooding     mine     by     neighboring     mine 

owner.     1914C-461. 
— wrongful   working   of   mine,   measure  of 

damages.     8-43;    1913A-562. 


DAMAGES — Continued. 

Municipal  corporation,  amount  recover- 
able against  municipality  as  affected 
by  statement  of  damages  in  claim 
previously    filed.     4-826;    1912B-869. 

Personal    injuries,    measure    of    recovery. ' 
1913A-1361. 

Personal  property  partly  destroyed  or  in- 
jured by  negligent  act,  damages  re- 
coverable.    1915D-795. 

Pledgee  refusing  to  return  pledge  upon 
tender  of  debt,  recovery  by  pledgor. 
18-720. 

Process,  failure  to  execute,  presumption 
as   to   damages  recoverable.     2-11. 

Public  officer,  emoluments  of  office  as  re- 
coverable from  de  facto  by  de  jure 
officer.     12-895. 

Railroads,  breach  of  contract  to  erect 
depot,  measure  of  damages.     4-999. 

Replevin,  breach  of  replevin  bond,  right 
to  recover  value  of  property.     4-1135. 

Restraint  of  trade,  damages  recoverable 
for  breach  of  agreement  by  seller  of 
business  not  to  re-enter  business  in 
competition  with  buyer.     1914A-1153. 

Sales,  anticipatory  breach  on  sale  of 
crops,  nursery  stock,  trees  or  the  like, 
for  future  delivery,  damages  recover- 
able by  vendor.     19130-765. 

— delay  in  delivery  of  goods  sold,  measure 
of  recovery  as  affected  by  purchase 
for  resale,  or  for  specific  purpose. 
21-607. 

— instalment  delivery  of  goods,  measure 
of  recovery  by  vendee  or  vendor  for 
breach  of  contract  by  other.  €-166; 
1913C-122. 

— manufactures,  breach  of  contract  to 
purchase  article  to  be  manufactured, 
damages  recoverable  by  vendor.  7- 
1175. 

— misrepresentation  as  to  value  of  goods 
sold,  measure  of  damages.  1913E- 
274. 

— seed,  breach  of  warranty  on  sale, 
measure  of  damages  recoverable. 
1918E-485. 

— uniform  sales,  breach  of  contract  of 
sale   within   act.      1918D-418. 

— warranty  of  title  of  goods  sold  and 
other  personalty,  recovery  for  breach. 
7-937;   1912B-1340. 

Search  and  seizure,  unlawful  search  of 
person  or  premises,  what  damages 
recoverable.      1913B-1158. 


244    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


DAMAGES — Continued. 

Ships  and  shipping,  vessel  owner's  limited 
liability,  measure  in  determining. 
1913D-1230. 

— wrongful  discharge  of  seaman,  measure 
of  recovery.     14-946. 

Slander  of  title,  what  damages  recover- 
able.    21-221. 

Stock  broker's  conversion  of  shares  held 
for  customer,  measure  of  damages. 
1915B-920. 

Telegraph  company,  employment  contract, 
failure  to  deliver  message  offering, 
what  damages  recoverable.  1915D- 
223. 

— goods  ordered  for  resale,  measure  of 
recovery  for  failure  to  deliver  tele- 
gram.    14-741. 

— prices  or  state  of  market,  measure  of 
recovery  for  telegram  erroneously 
transmitting.     3-429;   1912C-1279. 

— transmission  of  money  by  telegraph, 
measure  of  recovery  against  company 
for  failure  to  transmit,     7-535. 

Telephones,  wrongful  deprivation  of  tele- 
phone service,  damages  recoverable. 
1913B-1120;    1915A-986;    1918E-120. 

Trees  and  timber,  destruction  of  trees 
upon  highway,  measure  of  damages. 
1-786. 

— injury  or  destruction  of  standing  trees, 
damages  recoverable.  15-916;  1912 A- 
919. 

Vendor  and  purchaser,  breach  of  contract 
to  sell  land  due  to  vendor's  inability 
to  make  title.     2-634;  1917B-858. 

Waters  and  watercourses,  percolation 
from  reservoir,  damages  recoverable 
for  resulting  injury.     5-683. 

— pollution  of  watercourse,  measure  of 
damages.     9-534;  21-1054. 


5.    Nominal  Damages. 

Compensation  for  interest  acquired  by 
telegraph  company  in  railroad's  right 
of  way.    1-741. 

Failure  to  give  nominal  damages  as  re- 
versible error.     5-225. 

Passenger  carried  beyond  destination, 
when  entitled  to  nominal  damages. 
16-187. 


DAMAGES — Continued. 

6.     Exemplary  or  Punitive  Damages. 

Act  punishable  as  crime,  validity  of  stat- 
ute authorizing  recovery  of  exemplary 
damages.     9-638. 

Assault,  right  to  recover  exemplary  dam- 
ages in  action  for.  11-1175;  I915B- 
128. 

Assessment  of  punitive  damages  in  differ- 
ent amounts  against  joint  defendants, 
right  of,     1913D-107. 

Attachment  bond,  right  to  recover  puni- 
tive damages  in  action  on.  1915A- 
349. 

Breach  of  promise  of  marriage,  right  to 
recover  punitive  or  exemplary  dam- 
ages.     1914B-319;    1915A-298. 

Carrier  of  passengers,  baggage,  failure 
to  transport  to  proper  place,  right  to 
recover  punitive  damages.  9-913;  11- 
837. 

— ^passenger  carried  beyond  destination, 
right  to  recover  exemplary  damages. 
16-190. 

Contract  other  than  contract  to  marry, 
exemplary  damages  in  action  on.  3- 
413;    16-104;    1917E-412, 

Death  by  wrongful  act,  right  to  recover 
exemplary   damages.     6-194. 

—minor  child's  death,  exemplary  damages 
as  recoverable  by  parent.  1912C-67; 
1916B-535, 

Equity,  power  of  court  of  equity  to  award 
exemplary  damages.     15-547. 

Eviction,  allowance  of  punitive  damages 
in  case   of  unlawful   eviction.     6-461. 

Exemplary  damages  as  matter  of  right. 
19-574. 

Interest  as  element  recoverable  where 
exemplary  or  punitive  damages  al- 
lowed.    1-765. 

Libel  or  slander,  allowance  by  jury  of 
exemplary   damages.      14-823. 

Replevin  or  claim  and  delivery  actions, 
punitive  damages  in  action  of.     4-71, 

Trademark,  right  to  exemplary  damages 
for  infringement.     1913A-355. 

Trespass  on  realty,  injury  to  person  as 
warranting  recovery  of  exemplary 
damages.     16-75. 


DAMAGES. 


245 


DAMAGES — Continued. 

7.    Double  and  Treble  Damages. 

Eviction,  allowance  of  treble  damages  for 
wrongful   eviction.      6-462. 

Interest  as  element  where  double  or 
treble    damages    permitted.      1-765. 

Fire  set  by  railroad,  validity  of  statute 
imposing  double  or  treble  liability. 
1912C-703;   1916A-190. 

8.    Liquidated  Damages  or  Penalty. 

Certified  check  or  other  deposit  made  with 
bid  as  liquidated  damages.  1916C- 
432. 

Deposit  by  tenant  to  secure  performance 
of  stipulations  of  lease  as  penalty  or 
liquidated  damages.     19-216. 

Forfeiture  stipulated  for  breach  of  con- 
tract as  liquidated  damages  or 
penalty.  1-244;  10-225;  1912C-1021; 
1915C-945;  1916C-339;  1916D-197; 
1917D-739. 

Stipulation  for  liquidated  damages  in 
contract  not  to  engage  in  same 
business  as  barring  remedy  by  in- 
junction for  breach  of  covenant. 
1916C-191. 

—as  barring  defense  to  action  for 
specific  performance.     8-359. 

9.    Mitigation  or  Aggravation. 

Assault  and  battery,  evidence  of  matters 
admissible  without  pleading  in  miti- 
gation.    21-116. 

— provocation  for  assault  as  matter  in 
mitigation.  1-899;  19-762;  1917D- 
582. 

Breach  of  promise  of  marriage,  aggrava- 
tion of  damages  by  attack  of  de- 
fendant on  plaintiff's  character.  19- 
1128. 

— offer  by  defendant  to  marry  plaintiff 
as  admissible  in  mitigation  of  dam- 
ages.    20-1354;    1917A-653. 

— seduction  of  plaintiff  as  element  of 
aggravation  of  damages.     5-107. 

Contract  for  personal  services,  duty  to 
minimize  damages  for  breach  by 
earnings  of  employee  in  other  em- 
ployment.    1914A-810. 

Contributory  wrorgr  of  plaintiff  as  pre- 
cluding   recovery.     11-134. 


DAMAGBS — Continued. 

Conversion  of  chose  in  action,  insolvency 
of  maker  as  admissible  in  evidence 
to    mitigate    damages.     6-841. 

Criminal  conversation,  condonation  as 
element    of    mitigation.     10-62. 

Death  by  wrongful  act,  inheritance  by 
plaintiff  of  property  from  deceased 
as  admissible  in  evidence  to  mitigate 
damages.     1916D-340. 

False  imprisonment,  evidence  admissible 
in     mitigation     of     damages.     1914A- 

1018. 

Gratuity  from  third  person  as  mitiga- 
tion of  damages.  1-213;  10-794; 
1915C-893. 

Injunction  wrongfully  issued,  duty  of  in- 
jured party  to  minimize  damages. 
1918C-673. 

Libel  and  slander,  failure  of  defendant 
to  establish  defense  of  justification 
as  matter  to  be  considered  in  esti- 
mating   damages.     1914D-1059.- 

— intoxication  as  ground  for  mitigation 
of   damages.     1916E-564. 

— provocation  as  matter  in  mitigation  of 
damages.     4-923. 

— retraction,  admissibility  of  evidence 
for  purpose  of  mitigating  damages. 
15-84. 

Malicious  prosecution,  bad  character  of 
plaintiff  as  admissible  in  evidence 
in  mitigation  of  damages.  4-840; 
1916D-1170. 

Personal  injuries,  duty  of  person  injured 
by  negligence  of  another  with  refer- 
ence  to    securing   physician.     19-979. 

Trespass,  admissibility  of  evidence  of 
benefit  to  owner  in  mitigation  of 
damages.     20-925. 

Waters,  percolation  of  water  from  reser- 
voir, duty  of  person  injured  to 
minimize   injury.     5-683. 

10.    Excessiveness      or      Inadequacy      of 
Verdict. 

Alienation  of  husband's  affections,  ex- 
cessiveness of  verdict.  1912A-950; 
1912C-1183. 

Breach  of  promise  of  marriage,  what  is 
excessive  verdict.  16-981;  1915D- 
492. 

Civil  damage  act,  what  is  excessive  ver- 
dict for  death  under  act.  18-1238; 
1915C-460. 


246     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E: 


DAMAGES — Continued. 

Death  by  wrongful  act,  excessive  ver- 
dict,   what    is.     18-1209;    1915C-449. 

• — inadequate  verdict,  what  is.  1916B- 
460. 

— pain  and  suffering  of  deceased  in  ac- 
tion for  death  by  wrongful  act, 
what   is   excessive   verdict.     18-1239. 

False  imprisonment,  excessiveness  or  in- 
adequacy, what  is.  1916C-505,  519, 
521. 

Inadequacy  of  damages  recoverable  for 
breach  of  partly  performed  oral  con- 
tract as  warranting  enforcement  of 
contract  by  specific  performance. 
1-999. 

Libel  or  slander,  excessiveness  of  ver- 
dict. .  1913B-700;    1916D-1175. 

Malicious  prosecution,  excessiveness  or 
inadequacy  of  verdict.  1916C-250, 
267,  272,  280. 

Mental,  anguish  in  telegraph  case,  what 
is  '  excessive  verdict.  1913B-246; 
1916C-524. 

Personal  injuries  not  resulting  in  death, 
excessive  verdict,  what  is.  16-8; 
1913A-1361;     1915D-488;     1916C-916. 

— inadequate  verdict,  what  is.  1916B- 
384,   450,   451,   454,   453,   457. 

— setting  aside  verdict  for  inadequacy  of 
damages.  8-903;  17-1073;  1914C- 
849. 

Physicians  and  surgeons,  excessiveness 
of  verdict  in  action  for  malpractice. 
1916C-1078,    1081;    1918A-389. 

Punitive  damages,  inadequacy  of  verdict 
as  ground  for  setting  aside  verdict. 
20-879. 

Eape,  inadequacy  or  excessiveness  of 
verdict    in    civil    action.     1917E-135. 

Remittitur,  necessity  of  consent  of  losing 

party.     2-675. 
—when      excessive     verdict     is     granted 

through   passion   or  prejudice.     3-939; 

1912C-509. 

Eeview  on  appeal,  finding  of  judge  as 
to  amount,  weight  as  compared  with 
verdict.     1913C-178.. 


11.    Pleading. 

Ad  damnum  clause,  amendment  after  ver- 
dict.    19i3B-709. 


DAMAGES — Continued. 

Bill  of  particulars  as  to  items  in  negli- 
gence actions,  right  to.     1916B-110. 

Charging  two  or  more  acts  of  negligence 
in  one  count  in  complaint  or  declara- 
tion,  right   of.     1913C-101. 

Future  disability,  right  to  recover  dam- 
ages in  absence  of  special  allega- 
tion.    20-116. 

Impotency  as  element  of  damages,  neces- 
sity of  pleading  specially  in  action 
for    personal    injuries.     1916C-383. 

Interest  in  excess  of  ad  damnum  clause, 
necessity  of  claiming  in  pleading. 
1912A-1225. 

Joinder  and  splitting  of  claims  for  in- 
jury to  person  and  property  arising 
out  of  single  tort.  3-464;  6-48; 
1912D-256. 

Justification  for  assault  and  battery, 
necessity  of  pleading  in  civil  action 
in    mitigation    of    damages.     21-116. 

Mitigation,  necessity  of  ple^ading  spe- 
cially matters  in  mitigation.  10- 
219;   1914D-897. 


12.    Evidence. 

Burden  of  proof  in  action  against  attor- 
ney for  negligence  or  wilful  viola- 
tion of  duty.     2-603. 

Domestic  relations  of  plaintiff  as  ad- 
missible in  evidence  in  action  for 
personal  injuries  not  resulting  in 
death.     10-288. 

Financial  circumstances  of  defendant, 
alienation  of  affections,  admissibility 
of    evidence.     1914B-803. 

— ^personal  injury  action,  right  to  show. 
1914B-964. 

Fitness  or  lack  of  education  of  person 
injured  for  other  pursuits,  admissi- 
bility  of   evidence.     14-856. 

Future  consequences  of  injury,  opinion 
evidence  as   admissible.     21-326. 

Health  or  physical  condition  of  plain- 
tiff, as  admissible  in  evidence  in  ac- 
tion for  death  by  wrongful  act. 
1912C-266. 

Judicial  notice  of  loss  of  earning  ca- 
pacity through  personal  injury. 
1916B-337. 

Matters  occurring  after  commencement 
of    action,    admissibility   ^n    evidence 


DAMNUM  ABSQUE  INJURIA— DAY  AND  NIGHT. 


247 


DAMAGES — Continued. 


in     reduction 
1037. 


of     damages.     1914A- 


Mental  suffering,  necessity  and  compe- 
tency  of   evidence.     2-55;    1912B-538. 

Opinion  of  witnesses  as  to  amount  of 
damages  to  realty,  admissibility. 
3-667;    1912A-191. 

Process,  failure  to  execute,  presumption 
AS  to  damages  recoverable  from  o&- 
cer.    2-11. 


DANGER. 

Actuality  of  danger  as  affecting  right  of 
homicide  in  defense  of  habitation. 
21-724. 

Forgetfulness  of  known  danger  as  negli- 
gence of  person  other  than  servant. 
1913D-36. 

Opportunity  to  avoid  danger  as  affecting 
contributory  negligence  of  injured 
track  repairer.     8-333. 


13.    Instructions. 

Medical  expenses,  effect  of  instruction 
as  to .  allowance  where  there  is  no 
evidence  as  to  such  expenses.  1913D- 
150. 


14.    Mode  of  Assessment. 

Physical    injury   and   mental  shock,  right 

of    defendant    to     have  jury    assess 

damages    separately    in  personal    in- 
jury case.    20-990. 


DAMNUM  ABSQUE  IN- 
JURIA. 

Exercise  of  right  to  institute  or  continue 
legal  proceedings,  liability  for  dam- 
age caused  by.    21-873. 


DAMS. 

Breaking  of  dam  across  watercourse,  lia- 
bility of  one  constructing  for  injuries 
caused.     1912A-110. 

Maintenance  for  flowing  lands,  measure 
of   prescriptive   fight.     18-217. 

Eailroads,  right  to  construct  for  storage 
of  water.     1916E-1217. 

Water-power,  construction  of  grant,  with 
respect  to   dam.     1916D-1013,   1030. 


DANCING. 

Dance-halls,  state  or  municipal  regulation. 
19I5C-1110. 

Noise    arising   from   dancing  as  nuisance. 
1912B-428. 

Schools    or    academies,    statutory    regula- 
tion.    19-631. 

Sunday  laws  as  applicable.     16-410. 


DANGEROUS    APPLI- 
ANCES. 

Accident  arising  out  of  and  in  course  of 
employment  from  use  within  Work- 
men's   Compensation    Act.     1913C-20. 

Automobile  as  inherently  dangerous  ma- 
chine.    19-1229. 


DANGEROUS  PREMISES. 

See  Owners  of  Premises. 

Injury  to  person  in  search  of  employ- 
ment, liability  of  owner  of  premises. 
1914C-280. 


DANGEROUS  WORK. 

Assumption    of    risk    by    employee.     See 
Master  and  Servant. 

Opinion   evidence   as  admissible  for  prov- 
ing  nature.     7-463. 


DATE. 

Blank    date    in    written    instruments,    im- 
plied authority  to  fill.     2-334. 

Indictment    and   information,   blank   date, 

sufficiency    of    charge    of    commission 

of    crime    on.     19-930. 
—future    or   impossible    date,    validity    of 

indictment     alleging.     6-854;     1913B- 

1043. 
»— "on   or   about"   certain   date,  sufficiency 

of  indictment.     7-775. 

Negotiable  instrument,  alteration  of  date 
as    material.     1913D-725. 

Parol  evidence  to  vary  day  of  execution 
of    written    instrument.     1913A-496. 


DAY  AND  NIGHT. 

Judicial  notice.     21-352. 


248    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


DAY  LABORER. 

English  Compensation  Act  as  covering  in- 
jmj  to  day  laborer.    1913C-32. 


DAYS. 

Coincidence  of  monthly  and  weekly  days, 
judicial    notice.     21-351. 

Fractions  of  day  in  computation  of  time. 
2-135;  1914C-95. 

Meaning  of  term  "days"  as  used  to 
specify  time  in  which  certificate  of 
nomination  shall  be  filed.  1914A- 
1135. 

DAY'S  LABOR. 

See  Labor  Laws. 


DEAD  ANIMALS. 

fiemoval,    constitutionality    of    ordinances 
regulating.     2-496. 


DEAD  BODIES. 

Autopsy  or  examination  of  body  of  in- 
sured, construction  of  provision  in 
accident  policy  giving  insurer  right. 
19I6A-156. 

Burial,  state  or  municipal  regulations  or 
restrictions.     14-1085. 

Crematories,  state  or  municipal  regula- 
tion.    1915C-807. 

Dissection  and  mutilation,  right  of  action 
for.     3-136. 

Exhumation,  power  of  court  to  order  for 
evidentiary   purposes.     1916D-331. 

Finding  dead  body  near  railroad  cross- 
ing as  raising  inference  of  negli- 
gence on  part  of  company.  1912B- 
718. 

Identity,  evidence  admissible  to  estab- 
lish.    1918C-697. 

Mutilation,  mental  anguish  as  element  of 
damages.     6-1008. 

Property  right  in  dead  bodies  of  human 
beings.  3-132;  14-470;  1912D-1240; 
1917D-729;   1918D-733, 

— for  burial  purposes.     1917C-509. 


DEADLOCK. 

Corporate  aflfairs,   deadlock  as  ground   for 
appointment    of   receiver.     1911B-240. 


DEADLY  WEAPONS. 

Defense  of  property  as  justification  for 
use   of  deadly  weapon.     1917D-296. 

Ejection  of  trespasser  as  justification  for 
use  of  deadly  weapon.     1917D-312. 

Presumption  of  intent  to  kill  arising 
from  use  in  manner  not  ordinarily 
employed.     1912A-107. 

What  constitutes  "deadly  weapon." 
1912A-1328;   1916E-308. 


DEAF  AND  DUMB 
PERSONS. 

Contractual    capacity    of    deaf   and    dumb 
person.     14-53. 

Crime,  responsibility  for.     16-444;  1917B- 
240. 

Marriage,    capacity    of    deaf    and    dumb 
person   to    contract.     1913B-1240. 

Testimony  of  deaf  mute,  mode  of  taking. 
0-88. 


DEAFNESS. 

Effect  upon  question  of  contributory 
negligence  of  injured  person.  5-76; 
1912C-1072. 


DEALERS. 

Distinction  between  manufacturer  and 
dealer  in  goods.     21-78. 

Food,  consequential  damages  recoverable 
from  dealer  by  consumer  on  breach 
of  implied  warranty  on  sale.  16- 
497;   1913B-1115;    1915C-143. 

Meaning  of  "deal"  or  "dealer."  191 7 A- 
949,   965,  967. 

Social  club  distributing  liquor  as  dealer 
within  statute  regulating  liquor 
traffic.     1912A-1088. 


DEATH. 

See   Death   by   Wrongful  Act. 

Abatement  of  action  for  death  as  apply- 
ing to  slander  or  libel  action.  6- 
514. 

Accelerating  death  of  diseased  or  injured 
person,  criminal  responsibility.  4- 
958. 


DEATH. 


249 


DEATH — Continued. 

Accident  insurance,  total  disability  clause 
of  accident  policy  as  applicable  in 
case    of    death.     1918C-114. 

Action  for  simultaneous  injury  to  property 
and  death  of  owner  as  surviving  to 
personal  representatives  or  heirs.  6— 
3S8. 

Administration  on  estate  of  person  pre- 
sumed to  be  dead,  right  to  and 
effect.     3-1126;     14-148;     1913B-556. 

Admiralty  jurisdiction  where  death  caused 
by    negligence.     13-1219. 

Agency,  revocation  by  death  of  principal. 
1917E-380. 

Annuitant,  death  before  purchase  of 
annuity,  effect.     10-487. 

Appeal  and  error,  death  of  judgment 
plaintiff,  effect  on  time  to  appeal. 
7-393. 

Attachment  as  dissolved  by  death  of  de- 
fendant.    1917A-149. 

Attorney  and  client,  death  of  attorney 
before  completion  of  contract  as 
affecting  right  to  and  amount  of  re- 
covery   for    services.     1914D-210. 

—termination  of  relation  by  death  of 
client.     1913A-712. 

Bail,  death  of  principal  in  bail  bond  as 
exonerating   sureties.     1915B— 434. 

Bigamy,  belief  in  death  of  spouse  as  de- 
fense   to    charge    of   bigamy.     8-1104. 

Checks,  death  of  maker  before  presenta- 
tion of  check  for  payment,  effect  on 
rights    of   parties.     1915A-443. 

Copyright  in  letters,  right  after  writer's 
death.     3-1116. 

Crops,  death  of  life  tenant,  right  to  grow- 
ing crops.     14-38. 

Deed  effective  upon  death  of  grantor, 
construction.     1916D-996. 

Descent  and  distribution,  death  of  legatee 
before  taking  effect  of  legacy  given 
in  payment  of  debt  of  testator, 
effect.     4-73. 

Divorce,  death  of  party  to  action  before 
final  decree,  effect  on  property  or 
marital  rights.     1914B-1094. 

— pending  action  as  abated  by  death  of 
plaintiff.     17-876. 

— vacation  of  decree  after  death  of  party 
in  direct  proceeding  brought  by  sur- 
viving party.     1913B-369. 


DEATH — Continued. 

Domicile  of  wife  or  child  as  affected  by 
death  of  husband  or  parent.  1913E- 
1196,   1200,   1206. 

Dower,  death  of  widow  before  receipt  of 
gross  sum  agreed  to  be  accepted  in 
settlement  of  dower  right,  effect. 
1914D-554. 

— election  of  dower  as  affected  by  death 
of  widow  within  time  for  making 
election.     5-82. 

Dying  declarations,  expectation  of  "imme- 
diate" death  as  necessary  to  admis- 
BibUity.     17-287. 

— expression  of  desire  for  consolations  of 
religion  as  proof  that  death  is  im- 
pending within  rule  for  admissibility. 
13-238. 

Elections,  contestant's  death  before  judg- 
ment in  action  contesting,  effect, 
1913D-1291. 

— death,  of  candidate  receiving  highest 
number  of  votes,  ri^ht  of  minority 
candidate  to  office.  2-485;  11-118; 
1915B-518. 

Evidence,  grant  of  letters  testamentary 
or  of  administration  as  constituting 
evidence    of    death.     1918A-1011. 

Executions,  death  of  judgment  debtor  as 
affecting  right  to  issue  execution. 
1912D-1047. 

Frauds,  statute  of,  contract  whose  ter- 
mination or  performance  is  contin- 
gent on  death  as  within  statute  of 
frauds.     4-177;    1916E-1141. 

Guarantor,  as  affecting  rights  of  parties 
to  guaranty.     1914D-852. 

Hypothetical  questions  as  to  cause,  neces- 
sity that  they  contain  all  evidence 
on  point  in  issue.     18-648. 

Inheritance  tax,  transfer  in  contempla- 
tion or  to  take  effect  at  death  as 
liable   to  succession  tax.     14-110. 

— transfer  prior  to  death  as  subject. 
1915B-1089. 

Instant  death,  what  constitutes.  1915C- 
616. 

Joint  adventure,  death  of  party  as  af- 
fecting rights  under  agreement. 
I912C-206;    1916A-1217. 

Licensee  for  sale  of  liquor,  effect  of  death 
on    rights    under    license.     1915B-524. 

Life  insurance,  death  in  violation  of  law 
exonerating    life    insurance    company 


250    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


DEATH — Continued. 

under  policy,  what  constitutes.  3- 
873;    12-310;    1917C-592. 

— duel,  excepting  death  resulting  from, 
construction    of    policy.     1915B-549. 

— legal  execution  of  insured  as  bar  to  ac- 
tion on  life  insurance  policy.  13- 
133. 

— ^proof  of  death,  sufficiency  as  question 
of  law   or  fact.     1913B-842. 

Mandamus,  death  of  relator  as  abatement 
of  action.     1915A-267. 

Marriage,  presumption  of  death  on  issue 
of  validity  of  subsequent  marriage. 
17-681;    1918E-1236. 

Master  and  servant,  master's  death  dur- 
ing term  of  service,  rights  and  lia- 
bilities of  parties  to  contract  of  em- 
ployment.    1913E;-902. 

—servant's  death  during  term  of  service, 
rights  and  liabilities  of  parties  to 
contract    of    employment.     17-182. 

Partnership,    contract    with    employee    as 

terminated     by     death     of     partner. 

1913E-904. 
— ^judgment  of  partnership  as  affected  by 

death   of   partner.     10-956. 
— real    property,   disposition   on    death   of 

partner.     1912D-1207. 

Party  to  instrument,  death  as  affecting 
right  of  other  party  to  deny  execu- 
tion.    17-398. 

Presumption  of  death,  absence  for  less 
than  seven  years,  facto  sufficient  to 
raise.     1916B-67. 

— facts  w'hich  must  be  shown  in  connec- 
tion with  absence  to  establish.  7- 
573;    14-242;    1918D-758. 

Public  officers,  death  of  officer-elect  be- 
fore commencement  of  term  as  cre- 
ating vacancy  in  office.     17-86. 

Eegistration  of  deaths,  validity  and  con- 
struction of  statute  requiring.  1912C- 
686. 

Stock  brokerage  contract  as  affected  by 
death  of  customer.     191oB-924. 

Survival    of    action    for    wrongful     death 
after    death    of    wrongdoer.     12-462 
1915C-1052. 

—death  of  beneficiary  as  affecting  sur 
vival   of   action.     17-773;    1913E-995 

Survivorship  in  common  disaster,  presump 
tion  of.     14-716;   1913A-871. 


DEATH— Continued. 

Time  of  death  within  rule  as  to  presump- 
tion thereof  from  absence.  1917A- 
82. 

Trusts,  death  of  beneficiary,  right  of  suc- 
cession to  fund  remaining  in  hands 
of  executor  or  trustee  under  will  giv- 
ing latter  discretion  in  paying  fund 
to   beneficiary.     1912D-1177. 

—donor's  death  without  exercising  power 
of  revocation,  effect  upon  trust. 
6-189. 

Wills,  contestant's  death  as  abating  right 
of  action  to  contest.     1913E-128. 

— death  of  witness,  mode  of  probate  of 
will.     1914C-904. 

— legatee's  or  devisee's  death  before  leg- 
acy or  devise  becomes  payable  as 
causing   lapse    thereof.     1913B-81. 

— provision  relating  to  survivorship  in 
common  disaster,  validity.  1918D- 
482. 

Witness,  death  as  affecting  competency 
of  former  testimony  in  criminal  case. 
1913C-464. 

— proof  of  death  sufficient  to  render 
former  testimony  admissible.  17- 
76. 

Workmen's  compensation,  unexplained 
death  as  accident  arising  out  of  and 
in  course  of  employment.  1914B- 
499,  500. 


DEATH  BY  WRONGFUL 
ACT. 

1.  Eight   of  Action. 

2.  Persons    Entitled   to    Sue. 

3.  Persons  Liable. 

4.  Jurisdiction. 

5.  Defenses. 

6.  Limitations. 

7.  Actions. 

8.  Damages. 

1.    B.ight  of  Action. 

Accelerating  death  of  diseased  or  injured 
person,  civil  responsibility.  1912A- 
965. 

Administration  of  estate,  right  of  action 
as  sufficient  property  right  within  ju- 


DEATH  BY  WRONGFUL  ACT. 


251 


DEATH     BY     WEONGFUL     ACT— Coa- 

tinued. 

risdiction    to    warrant    frant    of    ad- 
ministration.    1917C-1217. 

Age  of  child,  aa  affecting  incapacity  to 
perform  valuable  services  so  that  no 
liability  to  parent  attaches  for  negli- 
gent  killing.    1913D-470;    1918D-1184. 

Assignability  of  widow's  right  of  action. 
6-445. 

Burglar,  civil  liability  for  killing  burglar 
or   supposed   burglar.     1914B-581, 

Child  injured  before  birth,  right  to  re- 
cover for  death,     1914C-615. 

Civil  action  between  third  persons,  death 
of  human  being  as  element  of  recov- 
ery.    1917B-886. 

Simultaneousness  of  injury  and  death  aa 
affecting  action  for  damages  by  sur- 
vivors of  injured  person.  3-54;  6— 
388;  1915C-613. 

Survival  of  action,  beneficiary's  death  a3 
affecting     right.     17-773;     1913E-995. 

— death  of  injured  person,  validity  of 
statute  providing  for  survival  of  ac- 
tion for  personal  injuries.  1917E- 
1171. 

— wrongdoer's  death  as  affecting  survival 
of   action.     12-462;    1915C-1052. 


2.    Persons  Entitled  to   Sue. 

Adopted  child,  right  of  parent  to  recover 
for  death.     15-148. 

Alien,  administrator's  right  to  sue  for 
death  of  alien  by  wrongful  act.  12- 
223. 

— nonresident  alien,  right  to  maintain 
action  for  death  by  wrongful  act. 
2-682;   9-1180. 

"Child"  in  statute  relating  to  death  by 
wrongful  act  as  including  illegitimate 
child.     1918B-255. 

"Dependent"  within  statute  giving  right 
of  action  to  persons  dependent  on 
deceased,  who   is.     1912B-733. 

Divorce  as  affecting  right  of  child  to  re- 
cover for  death  of  parent.  1918E- 
419. 

Illegitimate  child,  damages  as  recoverable 
for   benefit   of.     21-929. 

— parent's  right  to  recover  for  death  of 
child.     10-810;    1916C-720. 

—^person  other  than  parents,  right  to  re- 
cover for  death.    1916E-454. 


DEATH     BY     WRONGFUL     ACT— Con- 

tinned. 

Posthumous  child  of  deceased,  effect  of 
recovery  for  wroncful  death  on  rights 
of    chid.     1918D-556. 

Putative  wife,  right  to  damages,  1913A- 
240. 

3.    Persons  I>ia>ble. 

Intoxication  as  cause  of  death,  liability 
of  liquor  seller.     1-134;    1917B-530. 

Lynching  of  prisoner,  liability  of  sheriff. 
19-889. 

Municipal  corporation  aa  included  under 
term  "corporation"  in  statute.      1913B- 

747. 

Parties  liable  under  statutes  giving  cause 
of  action.     1-490. 

Trespassing  child,  death  as  result  of  un- 
guarded pond,  pool  or  well,  liability 
of  land  owner.     1916C-1085. 


4.    Jurisdiction. 
Admiralty  jurisdiction  of  action.    13-1219. 

Federal    courts,    jurisdiction    of    actions. 

2-806. 
Foreign    jurisdiction,    suit    therein    under 

statute    permitting    recovery.     2-805; 

13-1036;        1913D-570;        1914C-719; 

1917A-848. 

5.    Defenses. 

Justifiable  homicide  as  defense  to  action. 
18-641. 

Negligence  of  one  parent  as  imputable 
to  other  in  action  to  recover  for 
death   of   child.     1914B-35. 

Release  by  deceased  as  affecting  right  to 
recover  for  wrongful  death.  1-232; 
7-1090;    1914D-499;    1918A-312. 

— foreign  consul,  power  to  release  claim 
of    alien    beneficiary.     1918A-933. 

— settlement  between  administrator  and 
defendant  as  bar  to  recovery  for 
wrongful   death.     1916D-351. 

Ites  judicata,  recovery  by  administrator 
for  death  of  wife  by  wrongful  act 
as  bar  to  recovery  by  husband  for 
tort.     14-554. 

6.     Limitations. 

Amendment  of  complaint  substituting 
personal     representative     for     widow 


252    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


DEATH  BY  WRONGFTJIi  ACT— Con- 
tinued. 

as  commencement  of  new  action 
•within  limitation  statute.  191 7D- 
908. 

Commencement  of  running  of  statute  of 
limitations  against  action  for  wrong- 
ful   death.     17-519;    1916C-713, 

Foreign  jurisdiction,  limitation  against 
action  as  governed  by  law  of  state 
where   right    of    action    arose.     2-151. 

Pleading  statute  of  limitations  in  action 
for  death  by  wrongful  act.  19-819; 
1916D-1241. 


7.    Actions. 

Evidence,  coroner's  verdict,  admissibility 
as  evidence.     1917B-897. 

— deposition  taken  on  behalf  of  decedent 
in  prior  action  for  personal  injuries 
as  admissible  in  action  for  his  wrong- 
ful death.     1915A-815. 

— domestic  relations  of  deceased  as  ad- 
missible.    1916C-671. 

— ^habits  or  physical  condition  of  de- 
ceased,   admissibility.     1916E-652. 

—health  or  physical  condition  of  person 
for  whose  benefit  action  is  brought, 
admissibility   of   evidence.    1912C-266. 

—inheritance  of  property  by  plaintiff 
from  deceased,  admissibility  of  evi- 
dence in   action.     1916D-340. 

— mortality  tables,  admissibility  to  show 
probable  duration  of  life.  12-425; 
1918A-1021. 

—mortality  tables,  introduction  in  evi- 
rence  as  prerequisite  to  recovery  of 
damages.     1914C-685. 

' — presumption  arising  from  instinct  of 
self-preservation  as  overcome  by  pre- 
sumption that  deceased  saw  and  heard 
approaching   train.     15-1193. 

—quantum  of  proof  required  of  plaintiff 
in  action    for.     1913A-1138. 

.Parties,  amendment  of  action  by  adding 
other  beneficiaries  as  parties  plain- 
tiff.    1916C-596. 

— ^personal  representative,  action  in 
forma  pauperis.     1-805. 

Pleading,  bills  of  particulars  demandable 
in   certain   jurisdictions.     3-161. 


8.    Damages. 

Distribution    of    damages    recovered,    law 
governing.     8-149;    1913D-282. 


DEATH  BY  WRONGFUL  ACT— Con- 
tinued. 

Excessive  verdict  in  action,  what  is.  18- 
1209;    19150-449. 

Exemplary  damages,  right  to  recover.  6- 
194;   8-749. 

Federal  Employers'  Liability  Act,  dam- 
ages recoverable  in  action  brought 
under.  1914C-181;  1916B-484;  1916D- 
232. 

Funeral  expenses  as  element  of  damages. 
6-201;    13-744. 

Inadequate  verdict  in  action  for  wrongful 
death,  what  is.     1916B-460,  474. 

Measure    of    damages,    collateral    next    of 

kin,    recovery   in    action    by.     10-113. 
—husband    for    death    of    wife,     1915A- 

700. 
—parent     for     death     of     minor     child. 

1912C-58;   1916B-532. 
— ^wife  or  child  for  death  of  husband  or 

father.     3-103;    16-931. 

DEATH  CERTIFICATE. 

Physician's  certificate  as  evidence.  1918C- 
761. 

DEATH  PENALTY. 

Cruel  and  unusual  punishment.  1918B- 
398. 

DEBT  DUE. 

Legal   meaning  of   term.    1918E-7S8. 

DEBT  DUE  IN  SAME 
RIGHT. 

Legal  meaning  of  phrase.     1918E-78&. 

DEBT  LIMIT. 

See   Municipal   Corporations. 

Corporations,  construction  of  debt  limit 
provision  in  charter  of  private  cor- 
poration.    1918B-966. 

DEBTOR  AND  CREDITOR. 

See  Assignments  for  Benefit  of  Creditors; 
Bankruptcy;  Debts;  Insolvency. 

Alien  enemy,  rights  and  liabilities  with 
respect  to  pre-existing  debt.  1918C'- 
713. 


DEBTS. 


253 


DEBTOR  AND  CIlEDITOE--Continued. 

— payment  of  debt  to  alien  enemy. 
1917C-199. 

Antenuptial  debt  between  spouses  as  ex- 
tinguished  by  marriage.     16-221. 

Bankrupt  creditor,  validity  of  payment 
by  debtor  after  institution  of  bank- 
ruptcy  proceedings.     1914A-242. 

Chattel  mortgages,  who  is  creditor  en- 
titled to  attack  chattel  mortgage  on 
ground  of  failure  to  file  or  renew. 
1912B-1106. 

Composition  agreement,  construction,  and 
effect    of   fraud    thereon.     1914A-836. 

Credit  insurance.     1915A-654. 

Creditor's  bill,  property  of  debtor  reach- 
able  by.     1914B-945. 

Execution,  rights  and  remedies  of  debtor 
against  creditor  who  issues  execution 
after  debt   has  been   paid.     19-368, 

— sale,  right  of  creditor  to  enjoin. 
191SC-262. 

Executors  and  administrators,  who  is 
creditor  so  as  to  be  entitled  to  let- 
ters   of    administration.     1915A-55. 

Insolvent  corporation,  who  is  creditor  en- 
titled to  apply  for  appointment  of 
receiver.     1912A-901. 

Limitation    of   actions,  right    of  creditor 

to    apply    on    debt  his    own  debt    to 

debtor     so     as     to  suspend  statute. 
igi5A-281. 

Marshaling  assets  with  respect  to  home- 
stead  lands.     17-1064. 

Nonexistence  of  debt  claimed  as  evi- 
denced by  notes  of  assumed  creditor 
given  to  one  alleged  to  be  debtor. 
1914C-879. 

Novation,  assent  of  creditor  as  essential 
to  substitution  of  debtor.  1914A- 
339. 

Payment,  application  of  payment  by 
creditor  to  illegal  or  unenforceable 
demand.     13-953. 

— right  of  debtor  to  pay  debt  before 
maturity.     17-151. 

Presumption  of  payment  of  debt  from 
possession  of  written  evidences  of 
indebtedness  by  debtor  who  had  ac- 
cess to  papers   of  creditor.     14-257. 

Kelation  as  established  by  forwarding 
checks  for  collection.     2-118. 

— principal  and  surety,  relation  of  debtor 
and  creditor  as  existino;  before  pay- 
ment of  debt.     1912B-624. 


DEBTOR  AND  CREDITOR — Continued. 

Robbery,  taking  by  creditor  of  property 
of  debtor  to  enforce  payment  of  debt 
as   constituting,     21-1139. 

Satisfaction  of  debt  by  legacy  to  cred- 
itor not  payable  at  aame  time  as 
debt.     4-458. 

— mortgage  or  deed  of  trust,  right  of 
creditor  to  require  debtor  to  satisfy 
out  of  nonexempt  property.  1913B- 
394. 

Ultra  vires  sale  of  corporate  property, 
right    of    creditor   to   object.     1916A- 

842. 

Voluntary  conveyances,  validity  as 
against  subsequent  creditors.  1914A- 
601. 

"Waste  by  owner  of  realty,  right  of  cred- 
itor to  restrain.     13-89. 


DEBTS. 

See  Debtor  and  Creditor. 

Alien  enemy,  confiscation  or  payment  as 
affected  by  state  of  war.     1917C-199. 

— ^pre-existing  debt,  rights  and  liabilities 
with   respect  to.     1918C-713. 

Assignment  of  claims  founded  on  con- 
tract.    1912A-673. 

Assumption    by    agreement    between    two 

parties    as    within    statute    of   frauds. 

18-391. 
— vendee's    assumption    of    vendor's    debt, 

enforceability     as     implied     vendor's 

lien.     1914C-500. 

Community  property,  debts  or  claims  for 
which  liable.     1913A-319. 

Corporations,  character  for  Which  direc- 
tors   are    liable.     12-807;    1914B-152. 

! — ^purchase  of  property  of  another  corpo- 
ration, liability  for  its  corporate 
debts.     1913E-1044. 

— reorganization  of  or  succession  to  an- 
other corporation,  liability  for  its 
debts,     4-260;    1912D-1277. 

— stockholder's  transfer  of  stock  to  es- 
cape liability  for  corporate  debts, 
effect,     6-428;    18-341, 

• — transferee  of  stock,  liability  for  cor- 
porate debts  whether  stock  fully 
paid  or  not.     3-1120;   1914B-754. 

Credit  insurance  contract,  what  debts 
covered.     1915A-G60. 

Executor's  debt  to  testator  as  released 
by  his   appointment.     1913E-1278. 


254    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


DEBTS — Continued. 

Grarnishmcnt,  situs  of  debt  for  purpose. 
1913D-803. 

Gift  of  debt  to  donee,  what  constitutes 
good  gift.     1915A-18. 

Husband's  debt  as  enforceable  against 
estate  by  curtesy  initiate.  1914C- 
1187. 

Imprisonment  for  debt  for  breach  of  con- 
tract by  employee,  constitutionality 
of  statute  providing.     14-1060. 

— civil  liability  for  tort  as  within  con- 
stitutional provision  against  im- 
prisonment.    20-1344;    1917D-841. 

Payment  before  maturity,  right  of  debtor. 
17-151. 

Revival  after  discharge  in  bankruptcy, 
unconditional  promise  sufficient  to 
accomplish.     9-646;    1913C-742. 

— when  promise  to  pay  must  be  made  in 
order  to  revive  debt.  7-972;  1914I>- 
667. 

Taxation,  debts  owing  by  solvent  debtors 
as  taxable   personalty.     2-754. 

— evidences  of  debt  belonging  to  non- 
residents, right  of  state  to  tax.  11- 
739. 

• — situs  of  debt  for  purpose  of  succession 
tax.     11-119;    1912A-903;    1915B-864. 


DECEPTION. 

Contempt  in  attempting  to  deceive  court. 
1912B-1310. 


DECISIONS. 
See  Courts;   Staxe  Decisis. 

DECLARATIONS. 

See  Admissions   and  Declarations;    Dying 
Declaxations;    Evidence;    Pleading. 


DECORATING. 

Workmen's  compensation,  decorating  as 
employment  within  purview  of  act. 
1917D-16. 


DECOY  LETTERS. 

Embezzlement  or  larceny,  decoy  letter  as 
Bubject  under  postal  laws.    4-878. 


DECREASE  OF  ALLOW- 
ANCE. 

Workmen's     compensation,     provision     for 
under    act.     1916E-891;    1918B-733. 


DECAY. 

Damage  by  decay  as  included  in  phrase 
"damage  by  elements."     1917B-298. 


DECEASED  PERSONS. 

Correspondence  with,  competency  of  in- 
terested witness  to  testify  to.  21- 
1216. 

Defamation  of  deceased  person  as  libel 
or    slander."  1917E-234. 

Oral  statements  by,  testimony  based  on 
memory  of  what  dead  persons  said, 
weight.     18-1196. 


DECEDENT'S  ESTATES. 

See  Advancements;  Descent  and  Distribu- 
tion; Executors  and  Administrators; 
Partnership;   WiUs. 

DECEIT. 
See  False  Pretenses;   Fraud, 


DECREES. 
See  Judgments  and  Decrees. 

DEDICATION. 

Acceptance,  necessity  where  land  is  dedi- 
cated to  public  use  by  municipality. 
1917D-452. 

— implied  acceptance  by  public  user  of 
land  dedicated  to  public  use.     3-792. 

Cemetery  purposes,  dedication  and  aban- 
donment   of   land.     15-172. 

Covenant  of  warranty  as  breached  by 
prior  grant  of  dedication.     1917C-149. 

Park  or  square  dedication  by  selling  lots 
according  to  map  or  plat.  17-312; 
1917B-197. 

— municipal  erection  of  buildings  in  dedi- 
cated park  or  square,  right  of.  11- 
468;   21-141. 

— railroad  purposes,  right  to  use  dedi- 
cated premises   for.     21-689. 

Presumption  of  dedication  from  user  of 
highway.     1914D-335. 


DEDUCTION  OF  BENEFITS— DEEDS. 


255 


DEDICATION— Continued. 

Eeservation  of  land  on  map  or  plat  for 
specified  purpose  as  dedication  to 
public.     1916D-1079. 

Eeverter,    what    causes    after    dedication. 

1-455. 

Eevocability  of  dedication.  1917A-1109, 
1146,   1149,   1156. 

Sale  of  property  dedicated  to  public  use, 
power  of  , county.     1913E-530. 

Street  improvement  made  by  city  before 
dedication  or  condemnation,  validity. 
1914B-208. 


DEDUCTION  OF  BENE- 
FITS. 

Damages  assessed  for  land  taken  by  emi- 
nent domain  proceedings,  deduction 
of  benefits.  13-€03;  19-859 j  1914B- 
478. 

DEED   OF   TRUST. 

See  Mortgages;    Trusts. 


DEEDS. 

1.  In  General. 

2.  Form. 

A.  Execution. 

B.  Delivery  and  Acceptancb. 

3.  Construction   and  Validity. 

A.  Generally. 

B.  Parties. 

C.  Consideration. 

D.  Description. 

E.  Estates  and  Interests. 

4.  Covenants  and  Conditions. 

A.  Generally. 

B.  Warranty. 

C.  Against  Incumbrances. 

D.  Running  With  Land. 

E.  Conditions, 

5.  Belief  and  Bemedies. 

1.    In  General. 

Assignability  of  deed  when  conditioned 
for    support.     1-855. 

Deed  as  mortgage,  instrument  of  de- 
feasance accompanying  conveyance, 
effect.     1914C-1079. 


DEEDS — Continued. 

— lapse  of  time  as  affecting  right  to  have 
deed  declared  mortgage.  1914B-354; 
1918C-755. 

— parol  agreement  as  to  deed  intended 
as  mortgage,  effect  of  statute  of 
frauds.     11-313. 

' — price  as  consideration  in  determining 
whether  deed  was  intended  as  mort- 
gage.    20-1199. 

■—recordation  as  deed  of  instrument  in- 
tended  as   mortgage,  effect.     8-104. 

—third  person,  absolute  deed  construed 
as  equitable  mortgage  in  favor  of. 
1917C-970. 

Fraudulent  deed  as  color  of  title. 
1915D-137. 

Lien  of  attorney  on  deed  in  his  possession 
connected  with  litigation.  1917D- 
149. 

Married  woman  joining  with  husband  as 
estoppel  to  set  up  after-acquired 
title.     1916A-797,  806. 

Priority  between  conveyance  of  property 
and  mechanic's  lien  thereon.  1916B- 
616. 

*— <leed  and  purchase-money  mortgage. 
1916C-946,    958. 

♦—liens  and  conveyances,  priority  as  de- 
termined by  computing  fractions  of 
day.     1914C-97. 

♦—recorded  quitclaim  over  prior  un- 
recorded conveyance.  8-1095;  19- 
320. 

f — unrecorded  conveyances,  priority  and 
effect  of  recordation  after  subse- 
quent  conveyance.     1912A-194. 

Eeplevin  for  possession  of  deed.  17- 
1018. 

Statutes  relating  to  deeds,  effect  of  par- 
tial  invalidity.     1916D-47. 

Stranger  as  bound  by  recital  in  deed. 
1915A-96;    1918E-912. 

Subsequent  conveyance  injuring  grantee, 
right  of  grantee  to  damages  from 
grantor.     20-1126. 

Sunday,  validity  of  deed  made  on  Sun- 
day.    1913B-656. 

Tax  deeds,  see  Taxation. 

Wills,  deed  as  included  in  bequest  of 
contents  of  house,  desk  or  trunk. 
1916C-1140. 


256     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


BEEDS — Continued. 

2.    Form   and   Requisites. 
A.    Execution. 

Acknowledgment,  omission  of  name  of 
grantor  from  certificate,  effect.  2- 
990. 

— married  woman's  deed  invalid  for  want 
of,  or  defective,  acknowledgment, 
rights  of  parties  under  deed.  1918E- 
631,  648. 

Alteration  "by  grantor  efter  delivery  and 

without    consent    of    grantee,     effect. 

10-459;    21-341. 
— presumption  and  burden  of  proof  as  to 

when      alteration      or      interlineation 

made.     1914B-1090. 

Attestation,  competency  of  attesting  wit- 
ness.    15-591;   1917A-235. 

— number  of  attesting  witnesses,  failure 
to  comply  with  statutory  require- 
ment, effect  on  validity  of  deed  be- 
tween   parties.     18-1101. 

— phrase  above  signatures,  sufficiency  to 
indicate  that  persons  signing  are  wit- 
nesses.    12-281. 

Denial  of  execution  after  death  of  other 
party,  right  of  grantor.  17-398; 
1918A-777. 

Names  of  parties,  blank  grantee,  valid- 
ity of  defed  to.  1912A-538;  1914D- 
390. 

— estoppel  of  grantee  or  privies  to  allege 
that  name  in  which  grantee  took 
title  is  not  true  name.     1912C-620. 

— ^fictitious  grantee  or  one  under  assumed 
name,  validity  of  deed.     10-97. 

— omission  of  grantor's  name  from  body 
of  deed,  effect.  12-203;  1912C-1050; 
1916A-873;   1916E-521. 

Seal  affixed  without  recital  respecting 
sealing,  effect  as  sealed  instrument. 
19-678. 

Sheriff's  deed,  effect  of  misrecital  in. 
1913B-195. 

B.    Delivert  and  Acceptance. 
Acceptance    of    deed    by    grantee.     1-868. 
— by  municipality  or  other  corporate  body, 

what  constitutes.     1914D-507. 
— grantor  as   agent  of  grantee  to  accept 

delivery.     12-1072. 

Date  of  delivery,  presumption  where  dates 
of  deed  and  of  acknowledgment 
differ.     15-151. 


DEEDS— Continued. 

Declaration  of  grantor  after  conveyance 
as  to  delivery,  admissibility.  1916E- 
713. 

Deposit  by  grantor  for  registration  as  de- 
livery.    7-226. 

— with  third  person  to  be  delivered  after 
grantor's  death,  efficacy.  1915C-378, 
385,  388. 

Escrow,  condition  upon  which  deed  is  de- 
livered in  escrow,  necessity  that  it  be 
in  writing.     16-97. 

" — delivery  to  agent  of  person  to  be  bene- 
fited  as    delivery   in    escrow.     19-250. 

— ^intervening  claims  of  creditors  as  de- 
feated by  application  of  doctrine  of 
relation  back  to  first  delivery  of  deed 
deposited  in  escrow.     16-1132. 

— term  "escrow"  as  applied  to  deed. 
1916B-1031. 

Evidence  of  delivery  of  deed  found  in 
grantor's  possession  after  his  death, 
sufficiency.     1914C-858. 

Presumption  as  to  delivery  and  acceptance 
of  deed  from  parent  to  child.  1912A- 
230. 

Question  of  law  or  fact,  delivery  of  deed 
as.     1914D-108. 

Eeturn  of  deed  to  grantor  for  substitu- 
tion of  terms  and  redelivery  to 
grantee,  effect.     6-316. 


3.    Construction  and  Validity. 

A.    Generally. 

Child  en  ventre  sa  mere  as  included  in 
conveyance  to  children.     7-135. 

Collateral  oral  agreement  as  admissible  to 
supplement  written  contract.  1914A- 
455. 

— oral  proof  as  supplementing.     2-148. 

Grammatical   construction.     6-56. 

Habendum  clause,  construction  in  connec- 
tion with  premises.  8-444;  1915A— 
1248;  1917D-661;  1918E-880. 

— effect  as  restriction  on  grant.  1913B- 
417. 

Eule  that  wills  are  to  be  construed  more 
liberally  than  deeds.     1913E-1286. 

Will  or  deed,  instrument  to  become  effec- 
tive upon  death  of  grantor,  construc- 
tion as  will  or  deed.  7-790;  1916D- 
993. 


DEEDS. 


257 


DEEDS — Continued. 

Written    matter    as    controlling    printed. 
1913E-962. 


Special  Terms. 

"Adjoining,"  meaning  of  term.  1913D— 
846. 

"Assignees"  or  "assigns,"  meaning  of 
terms.     1913B-737,  740. 

"At,"  meaning  of  word  in  description  of 
land.     1912B-1070. 

"Child,"  in  conveyance  as  including  ille- 
gitimate child.     191SB-259. 

"Children,"  designation  as  grantees  as  in- 
cluding   adopted   child.     18-518. 

"Estimate,"  "estimated"  or  "estimation," 
meaning  of  words.     1913B-850. 

"Etc.,"  legal  meaning.     1912C-173. 

"Half,"  legal  meaning  of  word  in  descrip- 
tion of  land.     1913E-1013. 

"Heirs,"  when  construed  to  mean  children. 
1914B-70. 

"House,"   as  including  land.     1914B-1239. 

"Interest,"  meaning  as  used  with  respect 
to  transfer  of  property  right.  1912B- 
524. 

"More  or  less,"  construction  of  term.  12- 
297;   1917D-155. 

"Near,"  meaning  with  respect  to  descrip- 
tion of  real  estate.     1913D-121. 

"Nearest  blood  kin"  or  similar  phrase^ 
meaning  as  used  in  deed.     1915D-725. 

"Provided,"  meaning  of  term.    1912C-1089. 

"Require,"   legal   meaning.     1912A-1234. 

"Surface,"  meaning  of  word  in  convey- 
ance.    1913D-127. 

"Vicinity,"  meaning  of  term  used  in  deed. 
18-737. 

B.     Parties. 

Alien,  estoppel  of  grantor  to  deny  ?ilien 
grantee's  right  to  hold.     13-532. 

Convict,  validity  of  conveyance  by.  16- 
123. 

Guardian  and  ward,  conveyance  by  ward, 
power  of  guardian  to  ratify.     1912D- 

704. 

Incompetent  person,  avoidance  of  deed  in 
action  of  ejectment.  14-507;  1915J>-: 
1025. 


DEEDS — Continued. 

Infant,  ratification,  silence  or  acquiescence 
after  coming  of  age  as  constituting. 
1912C-775. 

—disaffirmance  by  conveyance  at  majority. 
3-593;    1914D-847. 

Insane  person,  deed  executed  before  adju- 
dicaMon  of  insanity,  validity. 
1914D-867. 

— presumption  as  to  continuance  of  in- 
sanity.    4-491. 

Mental  capacity  to  execute,  admissibility 
of  opinion  evidence  as  to.     4-888. 

Undue  influence,  child's  conveyance  inter 
vivos  to  parent,  presumption  and  bur- 
den of  proof.     18-539. 

•^man  and  mistress,  presumption  arising 
from   relation.     9-783;    1913C-143. 

—parent  to  child  inter  vivos,  presumption 
and  burden  of  proof.  17-989;  1915D- 
711;  1918B-457. 

C.      CONSIDEEATIOK. 

Antecedent  debt  as  consideration  constitu- 
ting grantee  purchaser  for  value.  3- 
395. 

One  dollar,  recital  as  sufficient  valuable 
consideration.     1912B-363. 

Eecital  of  consideration  in  deed  as 
written  promise  to  pay  within  statute 
of  limitation.     2-470. 

D.    Description. 

Acreage  or  fraction,  effect  of  conveyance 
of  part  of  tract  of  land  by.  2-918; 
1915A-1276. 

Private  way,  deed  bounding  as  carrying 
title   to  middle  thereof.     18-74. 

Reformation  of  description,  right  as 
against  purchaser  without  notice. 
1918D-147. 

Eeservation  or  exception  in  deed,  effect  of 
uncertainty  of  description  in  deed  or 
contract  of  sale.     19-1209. 


E.    Estates  and  Interests. 

Accretions,  conveyance  as  including  ac- 
cretion prior  to  deed.     1918E-244. 

Conditional  estate,  words  declaratory  of 
purpose  or  consideration  of  convey- 
ance, as  creating.  3-38;  12-227; 
1916B-606. 


Index  to  Notes — 17 


258     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


DEEDS — Continued. 

Cotenancy,  nature  of  estate  resulting 
from  creation  of  cotenancy.  1917B- 
57. 

Cross-remainders  hy  implication.     1916B- 

717. 

Easement  appurtenant  as  passing  under 
conveyance  containing  no  reference  to 
"appurtenances,"  etc.     20-1212. 

Entirety,  sufBciency  of  deed  to  create  ten- 
ancy by  entirety.     1912C-927. 

Exception  and  reservation  in  deed,  dis- 
tinction between.  18-799;  1918A- 
877. 

Expectancy,  validity  of  conveyance  by 
heir  or  beneficiary  to  stranger. 
1916E-1241;   1917D-945, 

Fixtures  as  between  grantor  and  grantee, 
gas  or  electric  appliances  as  constitut- 
ing.    1917B-187. 

Gift  in  violation  of  mortmain  statute  as 
void  or  voidable.     10-1032. 

Grant  under  statute  dispensing  with  words 
of  inheritance  as  affected  by  subse- 
quent restrictive  clause  in  deed. 
1913B^18. 

Grantee  not  in  existence,  validity  and 
effect  of  deed  or  grant  of  present 
estate.     18-871;  1916D-864. 

Homestead,  husband's  absolute  conveyance 
without  joinder  of  wife,  validity  and 
effect.     9-3;  15-1119;  1917A-71. 

— ^reformation  of  conveyance,  right  to. 
1916E-1131. 

Life  estate  granted  with  absolute  power 
of  disposition,  estate  created.  9-947; 
1912B-424;    1916D-400. 

• — validity  of  conveyance  of  life  estate. 
1917A-579. 

Official  capacity,  title  conveyed  by  deed 
given  in.     11-731. 

Quitclaim  deed,  interests  and  tights  of 
grantpr  that  pass.     1913C-363. 

Kemainderman,  validity  of  conveyance  by 
one  remainderman  to  another. 
1917A-520. 

Eeservation  or  exception  in  favor  of 
stranger  to  conveyance,  validity. 
1914B-1290. 

Uestriction  or  nullification  of  grant  of 
estate  by  subsequent  clause  or  re- 
ference in  another  instrument. 
1913B-414. 


DEEDS— Continued. 

Wife's  conveyance  directly  to  husband 
where  husband  is  required  to  join  in. 
wife's  deed,  validity.     20-1331. 


\«       4.    Covenants  and  Conditions. 

A.     Generally. 

Absolute  covenant  conveying  property  ex- 
pressly  subject  to  incumbrance,  con- 
struction and  effect.     15-982. 

Deed  poll,  acceptance  as  binding  grantee 
as  covenantor.     15-683. 

Executors  and  administrators,  personal  lia- 
bility, on  covenant  in  deed  to  dece- 
dent's realty.     1914D-903. 

Forfeiture,  positive  clause  of  forfeiture  a» 
embracing  negative  covenants.  1— 
704. 

Implied  covenant  of  vendor  not  to  alter 
or  change  streets  in  land  sold  accord- 
ing to   map.     16-582. 

Limitation  against  action  for  breach  as 
running  from  date  of  breach  or  from 
occurrence  of  actual  damage.  13— 
699. 

Notice  to  covenantor  to  defend  eviction 
proceedings,  necessity  in  order  to  con- 
clude him  in  action  on  covenant. 
13-206;    1916E-148. 

Quiet  enjoyment,  breach  of  covenant  by 
showing  of  undivided  interest  in  ten- 
ant in  common.     1913B-847. 

Eight,  title  and  interest  in  premises,  con- 
struction and  effect  of  covenant  in. 
deed   conveying.     15-1200. 

Seizin  or  of  right  to  convey,  when  ordi- 
nary covenant  broken  if  at  all. 
19133-1184. 

B.     Wabbantt. 

Breach,  entry  under  right  of  eminent  do- 
main as  constituting.     10-1079. 

— existence  of  railroad  right  of  way  as 
breach.     1912C-650;   19160-1198. 

e — subsequent  conveyance  by  grantor  to 
another,  right  of  action  of  prior 
grante*.     20-1128. 

— undivided  interest  in  tenant  in  com- 
mon   as    constituting.     1913B-847. 

Contract  of  sale,  covenant  to  give  war- 
ranty deed,  construction.    1915B-1022. 

Expenses  of  successfully  defending  against 
assault    on    title,    covenant    of    war- 


DEEDS  POLL— DE  FACTO  OFFICERS. 


259 


DEEDS — Continued. 

ranty   as   binding   covenantor  to  pay. 
1913B-873. 

Intermediate  vendor  held  liable  for 
breach,  action  to  recover  from  his 
vendor.     4-977. 

C.    Against   Incumbrances. 

Breach,  fence,  duty  to  build  and  maintain 
as  breach  of  covenant  against  incum- 
brances.    1913B-1067. 

—highway,  existence  of  easement  for 
public  highway  as  breach  of  covenant. 
1914D-10li;   1917C-149. 

—lease,  unexpired  lease  as  breach. 
1914D-1176. 

< — ^minerals,  right  to  enter  and  take  as 
breach  of  covenant  against  incum- 
brances.    1912D-1140. 

—private  roadway,  existence  as  bieach  of 

covenant.     1913D-440. 
—restriction  on  use  of  land,  existence  as 

breach    of    covenant.     1913B-1065. 
— sewer,  existence  of  public  sewer  through 

land  as  breach.     1916B-586. 
• — special       assessment       outstanding       as 

breach.     1918D-975> 
— tax  outstanding  as  breach.     1913E-248. 
— water  ditch,  existence  of  right  of  way 

across    premises    as    breach.     19I2D- 

1119. 

Expenses  of  successfully  defending  against 
assault  on  title,  covenant  against  in- 
cumbrances as  binding  covenantor  to 
pay.     1913B-873. 

Parol  evidence  to  vary  or  explain  coven- 
ant against  incumbrances,  admissi- 
bility.    1915D-865. 

Purchaser's  right  to  recover  on  covenant 
where  title  or  incumbrance  is  held  by 
him.     21-1060. 

D.    Running  With  Land. 

Assumption  of  existing  mortgage,  provi- 
sion therefor  as  running  with  land, 
15-1055. 

Fence,  covenant  to  maintain  division  fence 
as  running  with  land.     15-57. 

Intoxicating  liquor,  covenant  against  sale 
as  running  with  land.     14-129. 

Party-wall  agreement  as  covenant  running 
with  land.     8-292;  15-176. 

Water-power,  covenant  with  reference  to 
as  one  running  with  land.     1915B-875. 


DEEDS — Continued. 

E.    Conditions. 

Condition  subsequent,  right  of  grantor  to 
maintain  ejectment  for  breach.  14- 
1017. 

Prohibition  against  sale  of  liquor  on  land 
granted,  validity  of  condition  in  deed. 
1917C-110. 

Restraint  on  alienation  of  fee-simple 
estate,  validity  of  partial  or  limited 
restriction.  7-319;  1912C-1329;  1916D- 
1254. 

— marriage,  validity  of  condition  in  re- 
straint.    1&17D-282. 


5.    Belief  and  Remedies. 

Breach  by  grantee  of  condition  in  convey- 
ance given  for  support  of  grantor, 
remedy   of   grantor.    *12-899. 

Cancellation  of  deed  on  ground  of  false 
representation  as  to  intended  use  of 
realty   purchased.     20-913. 

• — misrepresentation  by  grantee  as  to  con- 
dition or  value  of  property,  right  of 

i  grantor  to  cancel  conveyance. 
1912A-405. 

Specific  performance,  covenant  or  agree- 
ment by  grantee  as  subject  to  specific 
performance.     10-230. 

—form  of  conveyance  which  may  be  de- 
creed in  action  for  specific  perform- 
ance of  contract  to  convey  land. 
1915C-489. 

? — sealed  contract  inter  partes,  right  of 
person  not  party  to  enforce.  1913B- 
313. 


DEEDS  POLL. 

Acceptance   as   binding   grantee   as    cove- 
nantor.    15-683. 


DEEM. 

Meaning   of   term   "deem"    or    "deemed." 
16-480. 

DE  FACTO. 

See  Corporations. 


DE  FACTO  OFFICERS. 

See    Judges;    Justices    of    Peace;    Public 

Officers. 


260    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


DEFALCATION. 

See  Embezzlement;   Fidelity  Insurance. 

DEFAMATION. 

See  Libel  and  Slander. 

Eeal  property  defamation  as  actionable 
wrong.     9-818. 

DEFAULT  JUDGMENTS. 

See   Judgments   and   Decrees. 

DEFEASANCE. 
See  Deeds. 

DEFEASIBLE  FEE. 

See  Waste. 

DEFECATION. 

Workmen's  compensation,  stopping  work 
or  use  of  unreasonable  place  for  pur- 
pose as  affecting  right  to  compensa- 
tion under  act  for  injuries.  1913  C- 
11,  946. 

DEFENSE    OP   PROPERTY. 

See  Assault. 

DEFICIENCY. 

See  Executions;  Mortgagee. 


DEFINE. 

Meaning    of    "define,"    "defined"    or    "de- 
fining"   (not  definition).     1914B-98. 


DEFINITIONS.       . 

See  Words  and  Plirases. 

DE  JURE  OFFICERS. 

See  Public  Oflacers. 


DELAY. 

Attacbment  dissolution,  delay  as  affecting 
plaintiff's  right  of  appeal.  1913B- 
181. 

Building  and  working  contracts,  act  or 
default  of  employer  as  excuse  for 
delay    in    performance.     17-646. 

— delay  in  performance  as  ground  for 
rescission.     1914D-286. 


DELAY— Continued. 

Carrier  of  goods,  delay  in  transporting 
property  for  exhibition  purposes,  mea- 
sure of  damages.     5-827;  1918E-1057. 

:r-depreciation  in  value  resulting  from 
delay  in  transporting  goods,  measure 
of  damages.     1917D-164,  173,  180. 

— sudden  and  unusual  amount  of  business. 
as  excusing  delay  in  transporting. 
11-274;    1913D-967;    1918D-143. 

Carriers  of  livestock,  delay  in  transporta- 
tion, burden  of  proof  of  negligence  of 
carrier.     15-39;  1913E-311. 

Carrier  of  passengers,  delay  in  transporta- 
tion of  passenger,  liability  of  carrier. 
17-952;    1915A-1077. 

Distribution  of  testator's  estate,  delay  as 
warranting  interest  charge  on  ad- 
vancement to  legatee.     1918E-216. 

Execution,  levy  delayed  through  fraud  of 
debtor,  rights  of  execution  creditor. 
21-934. 

Fraudulent  contracts,  right  to  rescind  as 
affected  by   delay.     1-910. 

Lis  pendens  as  affected  by  delay  in  pros- 
ecution of  suit.     1915C-518. 

Presentation  of  prisoner  for  examination 
or  trial,  delay  as  constituting  false 
imprisonment.     13-984;  1914A-717. 

Recordation  of  instrument,  delay  as  affect- 
ing rights  of  intervening  purchasers. 
7-367. 

Sales,  measure  of  damages  for  delay  in 
delivery  of  goods  sold.     21-607. 

Telegraphs  and  telephones,  delay  in  trans- 
mission of  message  due  to  strike  of 
employees,  liability  of  company.  17- 
240. 

— delivery  of  telegram,  loss  of  profits  as 
element  of  damages  for  delay.  1914A- 
1297. 

— notice  of  delay  in  transmission  or  de- 
livery of  message,  duty  of  telegraph 
company  to  notify  sender.  14-371; 
1917C-545. 

Trademark  or  trade  name,  loss  of  right  to 
relief  for  infringement  by  reason  of 
delay.     18^59. 

Vessel  delayed  by  storm,  as  peril  of  the 
sea.     1912D-1040. 


DEL  CREDERE  AGENT. 

Nature  and  extent  of  liability  to  principal. 
1916C-1091. 


DELEGATION  OF  AUTHORITY— DELUSION. 


261 


DELEGATION  OF 
AUTHORITY. 

Agency,  delegation  of  authority  by  agent. 
1915r)-7. 


DELEGATION  OF  DUTIES. 

Duty   as   di«cliargeable   by   delegation   to 
another.     11-105. 

Switch-setting  on   railroads,  duty  as  del- 
egable.    14-3«2. 


DELEGATION  OF  LEGIS- 
LATIVE POWER. 

Conferring  on  administrative  boards,  au- 
thority to  determine  qualifications  of 
licensees  as  delegation  of  legislative 
power.     2-427. 

Criminal  ordinances,  delegation  to  counties 
of  power  to  enact.     7-743. 

Insurance,  regulation  of  companies,  valid- 
ity of  statute  delegating  to  ofBcer  or 
board  power  to  regulate.  1918E- 
479. 

Public  office,  right  of  legislature  to  del- 
egate  power  to  create.     18-489. 

Taxation,  delegation  of  taxing  power  to 
school  district,  power  of  legislature. 
8-^35. 


DELEGATION  OF 
POWERS. 

Approval  by  public  ofl&cer  or  board,  right 
to  delegate  power  of.     1912B-500. 

Delegation  of  power  to  appoint  officer,  as 
including  power  to  fix  term  of  office. 
13-806. 

Eminent  domain,  delegation  of  power  of. 
1-537. 

Municipal  power,  delegation  to  committee. 
15-10^5. 

DELINQUENT   CHILDREN. 

See  Juvenile  Courts;  Reformatories. 


DELIRIUM  TREMENS. 

Criminal  responsibility  as  affected  by  such 
condition  of  accused.     19-1170. 


DELIVERY. 

See  Carriers  of  Goods;  Deeds;  Gifts; 
Sales;  Telegraphs  and  Telephones. 

Attachment,  sale  of  property  without  de- 
livery as  ground  for  attathment. 
1914D-10d4. 

Auction  sale,  delivery  of  property  sold. 
1912A-1134. 

Baggage,  acceptance  of  baggage  check  by 
carrier,  sufficiency  as  delivery  of  bag- 
gage.    14-913;  21-160. 

Check,  presumption  arising  from  delivery. 
1913D-1203. 

Conditional  delivery  of  bill  or  note  or 
written  instrument,  admissibility  of 
parol  evidence  to  show.  3-560;  15- 
669;   1912D-1308;   1917D-1049. 

Deposit  in  mail  as  satisfying  requirement 
that  paper  or  document  be  "de- 
livered."    1912D-349. 

Escrow,  delivery  to  agent  as  constituting 
delivery  to  principal.     19-250. 

-—unauthorized  delivery  by  escrow  holder, 
effect  on  rights  of  parties.  1917B- 
435,  458. 

Frauds,  statute  of,  existing  possession  con- 
tinued by  vendee  as  sufficient  delivery 
to  take  verbal  sale  of  goods  out  of 
statute.     13-715;    1917B-572. 

— necessity  of  delivery  of  memorandum  re- 
quired by  statute.     3-404;  1914C-267. 

— symbolical  or  constructive  delivery 
within  statute.     1917B-566. 

Innkeepers,  what  constitutes  delivery  of 
goods  or  effects,  within  statute  limit- 
ing   liability    of    innkeeper.     12-100. 

Mail,  delivery  as  subject  to  court  inter- 
ference.    17-1068. 

Pledge,  necessity  for  delivery.     11-793. 

Sunday,  contract  negotiated  or  deed  ex- 
ecuted on  Sunday  as  validated  by  de- 
livery on  secular  day.  20-37;  I913B- 
657. 


DELINQUENT  TAX 
PAYERS. 

Eestriction  on  rights,  validity  of  statute 
imposing.     1916D-1099. 


DELUSION. 

"What  constitutes  delusion  as  affecting  tes- 
tamentary capacity.  1916C-5,  29,  33, 
35. 


262     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


DEMAND. 

Banks,  necessity  as  prerequisite  to  setoff 
of  deposit  against  debt  due  insolvent 
bank.     1917C-1194,  1203. 

Breach,  of  promise  of  marriage,  demand 
for  perfo-rmance  as  condition  prece- 
dent to  action.     18-360. 

Checks,  pleading  demand    and  refusal    to 
.   pay  in  action  on  bank  check.     1912A- 
184. 

Claims  against  municipality,  "demand" 
in  statute  relating  to  presentment  as 
including  claim   for   tort.     19-1113. 

Conversion,  necessity  of  demand  to  sup- 
port action  of  trover  for  conversion 
where  personalty  is  in  possession  of 
defendant  as  bailee  or  under  contract 
of  sale.     1913A-1105,  1108. 

Embezzlement,  necessity  of  alleging  de- 
mand and  refusal  to  pay  in  indict- 
ment.    15-575;   1914D-1318. 

Extortion,  demand  for  payment  of  debt, 
criminal  liability  for  threat  of  pros- 
ecution in  connection  with.  1917E- 
246. 

Inspection  of  memorandum  used  by  wit- 
ness to  refresh  memory,  necessity  of 
demand.     &-562. 

Landlord  and  tenant,  necessity  of  demand 
for  payment  of  rent  in  order  to  en- 
force forfeiture  for  nonpayment.  8- 
581. 

Limitation  of  actions,  time  of  making  de- 
mand as  necessary  to  start  running 
of  statute.     4-728. 

Mandamus  to  compel  taxing  officer  to  per- 
form his  duty,  demand  as  prerequisite. 
1912B-788. 

Promise  to  pay  debt  or  answer  for  default 
of  another,  necessity  of  demand  for 
payment  on  maker  of  promise.  21- 
545. 

Replevin,  time  for  making  demand.  14- 
815. 


DE  MINIMIS  NON  CURAT 
LEX. 

Fractions   of   money,   doctrine  as  applica- 
ble.    18-691. 

Tax    proceedings,    application   of   doctrine 
to.     19-964. 


DEMOLITION. 

Buildings  and  other  structures,  liability 
of  master  to  servant  for  injuries  re- 
ceived in  pulling  down  objects.  20- 
249. 

— mechanics'  liens  for  labor  thereon. 
1912B-14. 


DEMONSTRATIVE  EVI- 
DENCE. 

See  Evidence. 

Failure  to  produce  as  raising  presumption 
against   party.     1914A-925. 


DEMONSTRATIVE  LEGA- 
CIES. 

What      are      demonstxative      legacies.    4- 
162. 


DEMURRAGE. 

Carrier  by  water,  lien  for  demurrage  in 
absence  of  contract.     5-388. 

Demurrage  charges,  lien  of  railroad  com- 
pany.    4-15. 

Reciprocal  demurrage,  validity  of  statute, 
ordinance  or  rule  providing  for. 
13-964;    19-1092;    1916E-701. 

DEMURRER. 

See  Pleading. 


DEMAND  NOTES. 

Limitation  of  actions,  when  statute  begina 
to  run.     14-807. 

When  note  payable  on  demand  is  overdue 
as  between  maker  and  indorser. 
1912A-475;    1917B-842. 


DEMURRER  TO  EVI- 
DENCE. 

Libel  or  slander  action,  power  of  court 
to  rule  upon  where  jury  vested  with 
power  to  determine  law  and  facts. 
1915D-1269. 

Propriety    in    equity    case.     1913A-283. 


DENTISTS— DEPOSITIONS. 


263 


DENTISTS. 

Corporation,  right  to  practice  dentistry. 
19-882. 

Duty  and  liability  to  patient.  1914A- 
273;   1918C-1190. 

Husband    and  wife,    dental     charges    as 

necessaries  for     which     husband     is 

liable     on  wife's     contract.     1912C— 
142. 

Indemnity  insurance  against  malpractice, 
construction  of  policy.  1916E-1159; 
1918E-524. 

Licenses,'  effect  of  partial  invalidity  of 
statute   relating   to.     1916D-57. 

— statute  requiring  dentist  to  take  out 
license  as  impairing  vested  rights  of 
previous  practitioners.  5-1005;  19— 
833;   1914B-399. 

Practice  of  dentistry  as  embraced  within 
practice  of  medicine  and  surgery. 
16-488. 

Slander  or  libel  by  imputing  ignorance 
or  incompetency,  etc.,  to  dentist. 
20-482. 

Statutory  regulation  of  practice  of  pro- 
fessions.    1-18. 

Trade,  dentists  as  engaged  in.  1916A- 
1199. 


DEPARTMENT  STORES. 

Injuries    caused    by    crowd    in    store,    lia- 
bility of  proprietor.     18-42. 


DEPENDENTS. 

Death  by  wrongful  act,  who  is  dependent 
within  statute  giving  right  of  action 
to  persons  dependent  on  deceased. 
1912B-733. 

Insurance,  meaning  of  "dependent"  as  used 
to  designate  beneficiary.  7-358;  17- 
867. 

Workmen's  compensation,  award  to  de- 
pendent as  affected  by  previous  pay- 
ment to  injured  employee.  1915C— 
863. 

— release  by  deceased  as  affecting  rights 
of  dependents  under  act.  191oB- 
830. 

— termination  of  allowance  to  dependent. 
1918B-742. 

— who  is  dependent  within  act.  1913E- 
480;   1918B-749. 


DEPOSITARIES. 

Public  funds,  deposit  as  preferred  claim 
against    insolvent    bank.     1916B-1264. 

— designation,  rights,  duties  and  liabili- 
ties of  depositaries.  1916B-1239, 
1250,  1255,  1261. 


DEPOSITIONS. 

1.  In  GeneraL 

2.  Who  may  Take. 

3.  Witnesses. 

4.  Admissibility  in  Evidence. 

1.    In   General. 

Appeals,  right  to  take  deposition  pending 
appeal.     17-936. 

Criminal    cases.     1916A-1066,    1099,    1102, 

1108,  1111,  1124. 
—^admissibility    at    trial    when    taken    on 

preliminary  examination.     1-471. 

Divorce  cases,  continuance  for  taking 
depositions.     1914B-361. 

Exhibit  referred  to  in  deposition,  iden- 
tification.    1918E-282. 

Holiday,  deposition  taken  on  holiday, 
validity.     1916E-851. 

Lost  or  destroyed  deposition,  parol  proof 
of  contents.     1916D-253. 

Notice  of  taking,  naming  witness,  neces- 
sity    and     sufficiency.     1918A-950. 

Objections  not  made  on  first  trial,  right 
to  raise   on  subsequent  trial.     1913B- 

1057. 

Pendency  of  action,  necessity  in  order 
to  warrant  taking.     1913D-853. 

Production  of  evidence  for  use  in  another 
jurisdiction,  duty  of  court  to  com- 
pel irrespective  of  its  admissibility. 
6-577. 

Sunday  taking,  admissibility  of  deposi- 
tion  in   evidence.     1916B-22: 


2.    Who  may  Take. 

Authority    of   person   in    foreign    jurisdic- 
tion  to   take,  proof  of.     1914B-161. 

Persons    who    may    write    deposition.     11- 
1067. 

Qualification    of    person    to    take,    interest 
as  affecting.     6-610. 


264    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


DEPOSITIONS— Continued. 
3.    Witnesses. 

Deponent's  status  at  time  deposition  is 
taken  or  at  time  offered  in  evidence 
as  determining  its  competency  as  evi- 
dence.    1913C-1064. 

Witness  who  has  since  become  inentally 
incompetent  to  testify,  admissibility 
of  former   deposition.     1914B-284. 

4.    Admissibility   in    Evidence. 

Admissibility  of  deposition  against  party 
taking.     1913B-1169;   1916E-968. 

Death  by  wrongful  act,  admissibility  of 
deposition  taken  on  behalf  of  plain- 
tiff in  action  for  personal  injuries. 
1915A-814. 

Death  of  deponent,  statute  against  ad- 
mission of  evidence  of  transaction 
with  decedent  as  applicable.  21— 
1265;   1917B-490. 

Evidence,  relative  weight  of  deposition 
and  oral  testimony.     1917D-758. 

Party  to  action,  admissibility  of  his  own 
deposition.     10-960. 

Subscribing  witness  to  will,  admissibility 
of  his  deposition  on  probate.  1914C- 
905. 

Withdrawal  from  files  as  affecting  admis- 
sibility  of   deposition.     1914C-1280. 


DEPOSITS. 

See  Banks;  Depositaries. 

Auction    sale,    requirement    of    deposit    on 

purchase.     1912A-1133. 
Bail  in  criminal  cases,  deposit  of  money 

in    lieu.     5-153;     1913D-194;     1918D- 

536. 

Landlord  and  tenant,  deposit  by  tenant 
to  secure  stipulations  of  lease  as 
penalty  or  liquidated  damages.  19- 
215. 

■ — retention  of  deposit  on  breach  of 
lessee's  agreement  to  take  lease. 
1912C-1054. 

Money  in  court,  right  to  interest  on  de- 
posit.    1912B-1005. 

Securities  deposited  with  state,  right  to 
proceeds  on  dissolution  or  insolvency 
of   corporation.     1914D-439. 

Written  undertaking  in  legal  proceedings, 
what  may  be  deposited  as  money  in 
lieu  of  undertaking.     1912C-356. 


DEPOTS. 

Sec  Railroads;    Stations. 

Burglary,  sufficiency  of  indictment  with 
respect  to  description  of  depot. 
1913D-875. 

Contract  by  railroad  to  erect,  measure 
of   damages    for   breach.     4-999. 

— specific  performance  of  contract.  14- 
478;    1918D-1085. 

Erection  at  specified  place,  validity  of 
order  of  railroad  commission  requir- 
ing   of    railroad.     1914C-1171. 

Establishment  and  ma,intenance  Jn  every 
city,  town  or  village  through  which 
railroad  passes,  validity  of  statute. 
1912A-227. 

Exclusive  privileges  on  depot  grounds, 
right  of  railroad  company  to  grant. 
2-190;    14-494;    1918A-702" 

Fencing  tracks,  station  grounds  within 
purview  of  statute  requiring  railroad 
to    fence.     11-20;    1912D-628. 

Legal  meaning  of  "depot."     1917A-12S3. 
Location   or  construction,  admissibility   of 

parol   to   show   agreement   at   time   of 

conveyance   of   land   to   railroad.     17- 

864. 
Stands    for    hacks,    taxieabs    or    the    like, 

at       depots,       municipal       regulation. 

1914D-739. 

Statutes  relating  to  depots  and  stations, 
effect  of  partial  invalidity.  1916D- 
85. 

DEPRECIATION. 

See  Securities. 

Carrier's  delay  in  transporting  goods  re- 
sulting in  depreciation  in  value, 
measure  of  damages  for.  1917D-163, 
173,  180. 

Inheritance  tax,  assessment  as  affected 
by  appreciation  or  depreciation  of 
property  subsequent  to  death  of  de- 
cedent.    1912C-1017. 

Pledge,  liability  of  pledgee  for  loss  due 
to  depreciation  in  value  of  pledge 
after  maturity  of  debt.     7-395. 

Replevin,  compensation  for,  depreciation 
in  value  of  property  returned,  right 
of  defendant.     2-961, 


DEPUTIES. 

Acknowledgment  of  principal  to  instru- 
ment taken  by  deputy,  validity. 
1912B-332. 


DERAILMENT— DESCENT  AND  DISTRIBUTION. 


2G5 


DEPUTIES— Continued. 

• — power  of  deputy  to  taks  acknowledg- 
ments.    3-299. 

"Assistant"  and  "deputy"  defined  and 
distinguished.     1912A-1270. 

Prosecuting  attorneys,  validity  of  ap- 
pointment  of   deputy.     1918A-718. 

Public  officer,  compensation  for  official 
services,  right  of  deputy  in  absence 
of    statutory    provision.     20-150. 

— contract  by  officer  with  deputy  as 
to  latter's  compensation,  validity. 
1913A-904. 

— removal  of  public  officer  for  acts  of 
deputy    or    subordinate.     1912D-1082. 

— whether  deputy  is  public  officer. 
1913C-88. 

Sheriff,  validity  of  execution  sale  by 
sheriff  to   his  deputy.     1914B-836. 

— deputy  sheriff  as  municipal  officer. 
1914D-1237. 

Women,  eligibility  to  act  as  deputy.  21- 
405. 


DERAILMENT. 

Buckling  of  rails,  causing  derailment, 
liability  of  carrier  to  passenger  for 
injuries    resulting.     1913D-211. 

Speed  of  train  in  connection  with  de- 
railment as  element  of  negligence. 
7-991;  12-1045;  1913E-552;  1914B- 
604 


DERELICTS. 

What  constitutes  a  derelict.     17-939. 


DERRICKS. 

Injuries    caused    by    derrick,    liability    of 
master  to  servant.     20-896. 


DESCENT  AND  DISTRIBU- 
TION. 

1.  In  General. 

2.  Persons   Who    Take. 

3.  Property  Subject. 

4.  Liability  of  Distributive  Share. 

5.  Belease   of   Inheritance   Bights. 


DESCENT  AND  DISTRIBUTION— Con- 
tinued. 

1.     In    General. 

Ancestral  or  nonancestral  estate,  char- 
acter as  determined  by  legal  or 
equitable   title.     1914C-407. 

Appealable  judgment  or  order.  1913C- 
862. 

Assets  belonging  to  decedent's  estate, 
right  of  legatee  or  distributee  to  sue 
for.     4-193;   20-95. 

Death   of  beneficiary,  right   of  succession 
to    fund    remaining    in    hands    of    ex- 
ecutor   or    trustee    under    will    giving 
t       discretion    in    paying    to    beneficiary. 
1912D-1177. 

Declarations  of  relationship  to  decedent 
in  behalf  of  relative  of  declarant 
who  is  claimant  of  decedent's  estate, 
admissibility.     21-1305;     1915C-1044. 

Devolution  of  estate,  distinction  be- 
tween lapsed  legacy  and  lapsed  de- 
vise with  respect  to.     1914D-719. 

Divorce,  property  of  party  to  action  as 
affected  by  death  before  final  decree. 
1914B-1094. 

Estate-tail,  effect  of  statute  regulating 
descents.     1912B-59, 

Execution  sale,  right  of  distributee  to 
enjoin.     1918C-260. 

Garnishment  of  distributive  shares  of 
legatees  and  distributees.     2-923. 

"Inherit,"     "inherited,"     etc.,     meaning     of 

terms.     1917C-386. 
Intestacy,  presumption  that  person  shown 

to  be  dead  died  intestate.     21-231. 

Limitation  of  actions,  devisees  and  heirs 
of  realty,  as  bound  by  personal 
representative's  waiver  of  statute. 
1912A-22. 

i— infancy  of  heir,  devisee  or  distributee 
as  interruption  of  running  of  statute. 
3-837. 

Natural  right  protected  by  constitution, 
right  to  take  property  by  inheritance 
or  will   as.     9-726;    1918A-939. 

Partnership  realty,  right  of  heir  as 
against  personal  representative  on 
death   of  partner.     1912D-1207. 

Settlement  by  sole  distributee  of  claim 
in  favor  of  deceased,  binding  effect 
upon  administrator.  10-555;  1913B- 
228. 


266     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


DESCTENT  AND  DISTRIBUTION— Con- 
tinued. 

Succession      tax      as      dependent      upon 
amount     of     estate    transferred.     11- 
143. 

2.    Persons  Who  Take. 

Adopted  child,  adoption  under  laws  of 
another  state,  right  of  inheritance. 
16-779;    1916B-94;   1918B-1028. 

• — child  of  adopted  person,  inheritance 
from    adoptive    parent.     1914C-1230. 

—dying  without  issue,  succession  to  es- 
tate inherited  from  foster  parent. 
1914D-572;     1916C-762;     1917C-474. 

—inheritance  from  other  than  adopting 
parents,   right   of.     4-881;    9-780. 

•—right  of  inheritance  as  between  natural 
parents  and  adoptive  parents  or  their 
descendants.     1916C-757. 

Alien,  right  with  respect  to  inheritance 
of  real  property  as  affected  by  treaty 
with   foreign   country.     1912A-1100. 

Bastard,  right  of  legitimate  descendants 
to   inherit    through   him.     1913C-1338. 

Child  en  ventre  sa  mere  as  entitled 
to    take    distributive    share.     7-135. 

Condemnation  money,  right  to,  as  be- 
tween heir  or  devisee  and  executor 
or    administrator.     1912C-595. 

Forced    or   necessary   heirs.     1915D-296. 

Half-brother  and  half-sister  as  "brother" 
and  "sister."     9-140. 

Illegitimacy,  brothers  and  sisters,  succes- 
sion between  illegitimates.     16-987. 

— "child"  in  statute  as  including  illegiti- 
mate child.     1918B-251. 

• — conflict  of  laws  as  to  right  of  illegiti- 
mate to  inherit.     19170-537. 

— construction  of  terms  "issue"  and 
"lawful  issue"  with  respect  to  illegiti- 
macy.    5-936. 

— father,  right  of  illegitimate  child  to 
inherit   from   or   through.     1917C-826. 

— inheritance  through  bastard,  right  of 
illegitimate    descendants.    1913C-1338. 

— mother,  right  of  inheritance  of  illegi- 
timate child  from  or  through  mother. 
1914D-577;    1916E-914. 

Murderer,  succession  to  property  of  vic- 
tim. 2-658;  7-976;  14-99;  1916A- 
680. 

Predeceased  child,  right  of  representa- 
tive to  share  in  remainder  given  to 
children  as  a  class.     2-645. 


DESCENT  AND  DISTRIBUTION— Con- 
tinued. 

Widow's  distributive  share  as  affected 
by  husband's  disposal  of  personalty 
during  coverture.  10-1053;  1918B- 
935. 

3.    Property    Subject. 

Damages  recovered  for  death  by  wrong- 
ful act,  law  governing  distribution. 
8-149;    1913D-282. 

Executory  contract  for  sale  of  realty, 
descendible  and  devisable  quality  of 
interest  of  vendee.     8-954. 

Franchise  for  ferry,  descendibility.  2- 
693. 

Growing  crops  of  decedent,  succession 
to.     17-943. 

Homestead  on  public  land,  succession  to 
rights  on  death  of  homesteader  be- 
fore perfection  of  title.  1912C-696; 
1916A-891. 

Proceeds  of  life  insurance  policy  payable 
to  wife  or  children  of  insured,  right 
to  proceeds  where  wife  without  issue. 
10-269. 

Workmen's  compensation,  devolution  of 
defendant's  rights.  1913E-485;  1918B- 
762. 

4.    Liability  of  Distributive  Share. 

Creditors'  bill,  interest  in  decedent's  es- 
tate  as  reachable  by.     1914B-959. 

Heir's  indebtedness  to  estate  as  charge- 
able against  distributive  share  in 
real  estate,  either  against  lands  or 
proceeds  of  sale.     7-563;   1916D-1294. 

5.    Release    of   Inheritance   Rights. 

Course  of  descent  as  affected  by  recon- 
veyance to  one  who,  holding  by  de- 
scent, conveys  away  his  interest. 
1913E-1262. 

Debt  of  decedent  enforceable  against 
heir  or  devisee,  laches  or  neglect  of 
creditor   as   precluding.     19170-95. 

Expectancy  in  estate,  validity  of  trans- 
fer by  heir  or  beneficiary  to  stranger. 
1916E-1241,  1259,  1263,  1267. 

Release  of  right  to  inherit,  construction 
of  antenuptial  contract  with  respect 
to.     19140-192. 

Relinquishment  of  expectancy  in  estate 
by  heir  in  consideration  of  advance- 
ment, validity  and  effect  of  agree- 
ment.    17-725. 


DESCRIPTION— DESTROYED. 


267 


DESCRIPTION. 

Burglary,  sufficiency  of  description  of 
building    in    indictment.     1913D-867. 

Chattel  mortgage,  stock  of  merchandise, 
sufficiency  of  description.     1915D-783. 

—location  of  property  mortgaged,  neces- 
sity and  sufficiency  of  description. 
21-1026. 

Contract  for  sale  of  land,  uncertainty 
in  description  as  cured  by  putting 
purchaser    in    possession.     1912A-750. 

Deed  or  contract  of  sale  of  land,  effect 
of  uncertainty  as  to  description  of 
land    reserved    or    excepted.     19-1209. 

Homicide,  instrument  used,  sufficiency  of 
indictment    with    respect    to.     18-314. 

Indictment  and  information,  validity  of 
statute  providing  that  property 
which  is  subject  of  crime  may  be  de- 
scribed   generally.     1913E-217. 

Larceny,  description  of  animal,  sufficiency 
of  indictment.     17-735. 

— effect  on  indictment  alleging  more 
certain  description  of  property  is 
unknown,  if  evidence  that  more  cer- 
tain description  could  have  been 
given.     18-944. 

Misdescription  of  articles  sold,  validity 
of  contract  exempting  seller  from 
liability.     1912D-1079. 

Mortgages,  defective  description  as  af- 
fected by  bankruptcy  proceedings. 
1913E-855. 

"Near,"    meaning    of    word.     1913D-121. 

Recording  acts,  defective  description  as 
constructive  notice  from  record  of  in- 
strument of  real  property.  191 7B- 
785. 

Reformation  of  description  in  deed  or 
mortgage,  right  as  against  pur- 
chaser   without    notice.     1918D-147. 

Robbery,  sufficiency  of  indictment  with 
respect  to  description  of  property 
taken.     1912B-402. 

Search-warrant  or  affidavit  therefor,  suffi- 
ciency of  description  of  premises. 
17-232;   1916D-952. 

Statute,  erroneous  statement  as  constiued 
according   to    clear    intent.     1-752. 

— words  of  description  as  referring  to 
time  of  passage  or  time  of  taking 
effect  of  act.     1918D-825. 

"Will,  erroneous  description  as  to  prop- 
erty, estate  or  interest,  admissibility 
of  parol  evidence  to  identify. 
1915B-37. 


DESERTION. 

See  Divorce;   Husband  and  Wife;   Parent 
and  Cliild. 

Divorce  decree  as  res  judicata  as  to  facts 
relied  on.     1916B-889. 

Homestead  right  of  wife  and  family, 
desertion  by  husband  and  abandon- 
ment of  homestead  as  deprivation. 
11-423. 

Postnuptial  separation  agreement  as 
barring  divorce  on  ground  of  deser- 
tion.    19160-354,   367,   368. 

Refusal  of  wife  to  follow  husband  to  new 
domicile  as  constituting  desertion. 
5-852. 

"Wife's "  right  to  leave  marital  home  be- 
cause of  conduct  of  husband's  rela- 
tives.    1914B-633;    1916E-209. 


DESIGNATED  AGENT. 

Service  of  process  upon  foreign  corpora- 
tion, validity  of  statute  providing 
for  designated  agent  and  right  to 
serve.     1916E-339;    1918A-392. 


DESIGNATION. 

Parties  to  contract  within  statute  of 
frauds,  sufficiency  of  designation  in 
memorandum.     13-314. 

Payee  of  subscription,  necessity  of  desig- 
nation for  validity  of  instrument. 
1913B-241. 


DESIRE. 

Meaning     as     used     in     will.     1917B-503, 
518, 


DE  SON  TORT. 

Validity  and  effect  of  acts  of  executor 
de  son  tort  with  respect  to  third 
persons.     1912A-534. 

"What  acts  of  intermeddling  charge  per- 
son as  executor  de  son  tort. 
1917E-3. 


DESTROYED. 

"Destruction"  or  "destroyed,"  meaning  of 
term  in  lease.     1913A-1100. 


268    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


DESTRUCTION. 

Animals,  compensation  to  owner  on  de- 
struction of  diseased  animals,  va- 
lidity   of    statute.     1917D-89. 

— without  compensation  on  destruction  of 
diseased  animals,  validity  of  statute 
or  ordinance   providing  for.     15—48. 

Appeal  and  error,  destruction  of  subject 
matter  of  litigation  pending  appeal 
as  contempt  of  appellate  court. 
1912A-516. 

Building  destroyed  by  public  authorities, 
right   to   compensation.     1913C-599. 

— destruction  without  fault  of  either 
owner  or  contractor,  right  of  con- 
tractor to  recover  for  work  per- 
formed in  erection  or  repair.  1913A- 
458. 

Checked  property,  liability  for  destruc- 
tion.    21-97. 

Contingent  remainder  to  unborn  person, 
destruction.     1917A-902. 

Crops,  measure  of  damages  for  destruc- 
tion of  growing  crops.     12-782. 

Debtor  and  creditor,  destruction  of 
debtor's  obligation  as  constituting 
good  gift  of  debt.     1915A-20. 

Pish  and  game,  fishing  appliances,  va- 
lidity of  statute  authorizing  sum- 
mary   destruction.     1-950. 

— violation  of  game  laws,  validity  of  stat- 
utes authorizing  forfeiture  or  de- 
struction  of   property   used.     8-902. 

Food  unfit  for  use,  right  of  state  to  de- 
stroy.    15-281. 

Fruit  trees,  fruit  and  vegetables,  validity 
of  statute  providing  for  destruction 
of   diseased   classes.     1917E-220. 

Gambling  apparatus,  validity  of  statutes 
authorizing  destruction.  2-936;  13- 
454. 

Intoxicating  liquor,  destruction  or  for- 
feiture of  liquors  illegally  kept,  con- 
stitutionality of  statutes  providing 
for.     2-245. 

Landlord  and  tenant,  fire  destroying 
property  of  tenant,  liability  of  land- 
lord.    1914B-418. 

—rent,  landlord's  right  to  recover  on  de- 
struction of  leased  premises.  1915C- 
602. 

— ^rent,  lessee's  right  to  recover'  rent  paid 
in  advance  upon  destruction  of  prem- 
ises.    1912B-1117. 


DISTEUCTION— Continued. 

— termination  of  tenancy  on  destruction 
of  premises,  construction  of  lease 
provision.     1913A-1095. 

Mechanic's  lien  as  extended  to  land 
where  improvement  giving  rise  to 
lien  has  been  destroyed  or  removed. 
2-812;    1913A-943;    1914D-681. 

Personal    property,    measure    of    damages 

for     partial     destruction     or     injury. 

1915D-795. 
Property   of   another,   right    of   individual 

to   destroy  in  order   to   save  his   own. 

1914A-993. 
Recording    acts,    destruction    of    recorded 

instrument    as   affecting   title.     20-34. 

Bales,  conditional  sale,  right  of  recovery 
when  property  is  destroyed  without 
fault  of  purchaser  before  price  falls 
due.  6-685;  12-711;  1913D-338; 
1918D-381. 

— property  conditionally  sold,  destruction 
while  in  possession  of  seller,  rights 
of    parties.     1913C-661. 

—Uniform  Sales  Act  as  affecting  rights 
of  parties  to  sale  upon  destruction  of 
property.     1918D-414. 

Specific  performance,  destruction  of  build- 
ing as  change  in  value  of  property 
warranting  denial  of  specific  per- 
formance of  contract  for  sale  of  land. 
1912C-560. 

Trees  and  timber,  measure  of  damages 
for  destroying  standing  trees.  15- 
916;   1912A-919. 

Vendor     and     purchaser,  destruction     of 

premises   held   under  option   contract, 

effect    on    right    of  parties.     1913A- 
1295, 

— executory  contract  for  sale  of  land, 
destruction  of  building  before  con- 
veyance, rights  of  parties.  9-1055; 
18-796;    1913E-304. 

Will,  presumption  of  revocation  from  de- 
struction of  single  copy  of  will  ex- 
ecuted in  duplicate.  1912A-273; 
1918E-229. 

— revival  of  prior  will  as  arising  from 
destruction  of  revoking  will.  4-313; 
13-245;    1913E-120. 

Written  instruments,  proof  of  contents 
by  secondary  evidence  on  destruc- 
tion.    9-484. 


DESTRUCTIVE  THING. 

Legal  meaning  of  phrase.     1915A-32. 


DETAINER— DILIGENCE. 


269 


DETAINER. 

See  Forcible  Entry  and  Detainer. 

DETECTAPHONE. 

Evidence   received  through,  admissibility. 
1916E-181. 

DETECTIVES. 

Employment,  power  of  prosecuting  attor- 
ney to   employ.     1915B-861. 

False  imprisonment  by  private  detective, 
excessivencss  of  verdict.     1916C-512. 

Private  detectives.     1917A-586. 

Shadowing,  as  subject  to   equitable  relief 
or   criminal  prosecution.     1-156. 

Testimony    to   prove   adultery.     12-960. 


DETERIORATION. 

Property  deteriorating  before  conveyance 
under  executory  contract  for  sale  of 
land;  rights  of  parties.  9-1055;  18- 
796;   1913E-304. 


DETINUE. 

See   Replevin. 

DEVIATION. 

Carrier  of  goods  or  livestock  by  land, 
deviation  from  route  as  affecting  lia- 
bility.    15-76;   1914B-1003. 

— departure  from  agreed  method  of  trans- 
portation, effect  on  liability  of  car- 
rier.    1912B-615;    1918C-1075. 

Master  and  servant,  when  master's  lia- 
bility ■'eattaches  after  deviation  from 
course  of  employment  by  servant.  3- 
607;   20-1292. 

Ships  and  shipping,  unauthorized  devia- 
tion by  vessel,  effect  on  contract  lim- 
iting liability  for  loss  of  or  damage 
to  cargo.     7-283;  17-839. 


DEVISEES. 

Assignment  of  mortgage,  right  of  devisee 
paying  indebtedness.     1914B-571. 

Equitable  election,  effect  of  widow's  re- 
nunciation of  will  on  rights  of  other 
devisees.     1918C-412. 


DEVISEES— Continued. 

Execution  sale,  right  of  devisee  to  enjoin. 
1918C-260. 

Infancy  as  affecting  running  of  statute 
of  limitations  against  devisee.     3-837. 

Inheritance  tax  as  payable  out  of  estate 
or  out  of  legacy  or  devise.     20-1358. 

Judgment  liens  against  devisee  as  attach- 
ing to  land  sold  by  executor.  1915C- 
1022. 

Lessee's  devisee,  liability  for  rent. 
1916E-820. 

Privileged  communications  of  decedent, 
right  of  devisee  to  waive  privilege. 
10-1118. 

Refusal  of  devisee  to  accept  devise  of 
realty,  effect,     1916D-1199. 

DEVISES. 

See  Wills. 

DEVOLUTION. 

See  Descent  and  Distribution. 


DIAGNOSIS. 

[Wrong  diagnosis  as  subjecting  physician 
to  liability  for  malpractice.  1917D- 
708. 

DIARIES. 

Private   diary  as  evidence.     1916C-717. 


DICTAGRAPH. 

Evidence  received  through  dictagraph,  ad- 
missibility.    1916E-181. 


DICTIONARIES. 

Admissibility  in  evidence.     11-182. 

DICTUM. 

Binding  effect  on  federal  courts  of  dictum 
of  state  court  as  to  construction  of 
state    statutes.     13-573. 


What  constitutes  dictum  of  court. 
1248. 


1912C- 


DILIGENCE. 

Lis    pendens,    necessity    of    diligence    to 
preclude   loss   of   benefit.     1915C-518. 


270    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


DILIGENCi: — Continued. 

Malicious  prosecution,  necessity  of  dili- 
gence in  discovering  accessible  facts 
though  relying  on  advice  of  counsel 
as  defense.     1-933. 

Mines  and  minerals,  covenants  in  mining 
leases  for  diligent  prosecution  of 
work.     2-446;  20-1165;  1917E-1120. 

—reasonable  diligence,  what  is.  20-1169; 
1917E-1141, 

Physician  attending  patient,  liability  for 
lack    of   diligence.     1912C-831. 


DIPLOMATIC  AND  CONSULAR 
OFFICERS. 

See  Ambassadors  and  Consuls. 


DIPSOMANIA. 

Criminal    responsibility    of   person    so    af- 
fected-    19-1172. 


DIRECTION  OF   VERDICT. 

See  Criminal  Law;   Trial;   Verdict. 

DIRECT  TAX. 

What  is  within   meaning   of  federal  con- 
stitution.    1912B-1328. 

DIRECTORS. 

See  Banks  aad  Banking;   Corporations. 


DISABILITY 

See  Aliens;  Husband  and  Wife;   Infants; 
Insane  Persons. 

Bill  of  review,  time  for  bringing  bill  as 
affected  by  disability  of  party.  6- 
332. 

Carrier  of  passengers,  duty  to  carry  per- 
son suffering  from  physical  disability. 
19160-1166. 

— infirmity  or  feebleness  of  passenger  as 
necessitating  assistance  on  part  of 
carrier.     13-597. 

Future  disability,  right  to  recover  dam- 
ages in  absence  of  special  allegation. 
20-116. 

Person  in  contempt  of  court,  disabilities 
of.     2^63;     8-841;     21-453. 


DISABILITY— Continued. 

Suretyship,  disability  of  principal  to  ob- 
ligation as  affecting  liability  of 
surety.     17r-1184. 

Time  limitation  for  presentation  of  claim 
against  municipality  as  suspended  by 
disability  of  claimant.  13-483; 
1916C-1042. 

"Total  disability,"  clause  in  accident  in- 
surance policy,  construction.  7-815; 
21-1031;    19180-113. 

— Workmen's  Compensation  Act,  total  dis- 
ability under.     1917E-240. 

Voter  under  disability,  necessity  for  oath 
or  declaration  to  entitle  him  to  as- 
sistance.    1912B-111. 

Ward's  disability  as  affecting  runniiig 
of  statute  of  limitations  in  favor  of 
surety  in  action  on  guardian's  bond. 
1916A-182. 


DISAFFIRMANCE. 

Infants,  contracts  for  necessaries,  right 
of  infant  to  disaffirm.  4-422;  1914C- 
239. 

— conveyance  during  minority,  disaffirm- 
ance by  conveyance  at  majority.  3- 
•      593;    1914D-847. 

' — marriage  settlement,  right  of  infant  to 
disaffirm  after  obtaining  majority. 
12-861. 

— reasonable 

-    contract 

stitutes. 


time  for  disaffirmance  of 
after  majority,  what  con- 
1917D-413. 

Intoxicated    person,    failure    to    disaffirm 
contract,    effect.     1918E-332. 


DISAPPEARANCE. 

Unexplained  disappearance  of  person  as 
raising  presumption  of  accident. 
1912C-901. 

Workmen's  compensation,  disappearance 
at  sea  as  accident  arising  out  of  and 
in  course  of  employment.  1913C-5, 
6,   8. 


DISASTER. 

Common  disaster,  presumption  of  sur- 
vivorship.    1913A-871. 

— validity  of  provision  in  will  relating  to 
survivorship  in  common  disaster. 
1918D-482. 


DISBARMENT— DISCOVERY. 


271 


DISBARMENT. 

See   Attorneys. 

DISCHARGE. 

See  Attorneys;  Bankruptcy;  Extradition; 
Master  and  Servant;  Prisons  and 
Prisoners;  Belease  and  Discharge; 
Suretyship. 

Accommodation  parties,  joint  accommoda- 
tion maker  as  discharged  by  exten- 
sion  of   time   to    comaker,     13-999. 

— negotiable  instruments  law,  accommoda- 
tion party  as  discharged  by  extension 
of  time  to  principal  maker.  1913C— 
527;    1918A-1103;    1918E-806. 

Guarantor,  discharge  by  extension  of 
credit  in  excess  of  amount  guar- 
anteed.    1913A-1091. 

Malicious  prosecution,  discharge  of  ac- 
cused by  committing  magistrate  after 
hearing  on  merits  as  sufficient 
termination  to  sustain  action.  1913A— 
926. 

Promissory  note  as  discharged  by  execu- 
tion  of   renewal   note.     1915A-1084. 

Seaman,  measure  of  damages  for  wrong- 
ful  discharge,     14-946. 


DISCHARGINa  FIREARM. 

Assault,  discharging  firearm  to  frighten 
person  as  constituting  assault.  1917D- 
617 


DISCIPLINE. 

Eeligious  society,  right  of  court  to  re- 
view action  in  expelling  or  disciplin- 
ing  member.     7-767;    1918C-622. 


DISCLAIMER. 

Warranty  on  sale  of  seeds,  effect  of  dis- 
claimer.    1918B-80. 


DISCLOSURE. 

Jury,  disclosure  by  juror  before  verdict 
of  facts  respecting  verdict  or  state 
of  deliberations  as  prejudicial  error. 
1918E-668, 

State's  evidence,  right  of  defendant  in 
criminal  case  to  demand,     1913D-345, 

Telegraph  message,  liability  of  company 
lor  disclosing,  contents.     1916C-727. 


DISCONTINUANCE. 

See  Dismissal  and  Nonsuit, 

Eminent     domain    proceedings,     at    what 

stage    may    be    discontinued.     1913E- 

1062;     19I8D-948. 
— voluntary  discontinuance,  right  of  land 

owner     to     damages.     8-734;     1912B- 

944;    1916D-723. 

Pending  case  as   discontinued  by  submis- 
sion to  arbitration.     1912A-1263. 


DISCOUNT. 

Provision    in    note    therefor    as    affecting 
negotiability.     1918B-600. 


DISCOVERED  DANGER. 

See  I<ast  Clear  Chance. 


DISCOVERY. 

Denial  of  possession  or  control  of  docu- 
ments concerning  which  discovery  ia 
sought,  effect.     15-317. 

Infant  as  party  defendant  to  bill  of  dis- 
covery,    20-910. 

Inspection  of  property  involved  in  case 
on  trial,  power  of  court  of  equity  to 
order.     1914A-613. 

— transcript  of  court  proceedings  as  priv- 
ileged   from    inspection.     1916C-876. 

Jurisdiction  of  court  of  equity  to  enter- 
tain bill  to  discover  names  or  identity 
of  parties  against  whom  it  is  sought 
to   entertain   action.     11-578, 

— rule  when  equity  assuming  jurisdic- 
tion for  one  purpose  will  retain  it 
for  all  purposes.     1912A-808. 

Parties  defendant  to  bill  of  discovery. 
20-906. 

Physical  examination,  power  of  court  to 
compel  submission  to.  1-266;  11-844; 
1917D-351. 

Production  of  books  or  papers  belonging 
to  client,  right  to  compel  attorney. 
1916A-64. 

— documents,  admission  by  opposing  party 
as  to  contracts  as  affecting  right  to 
compel  production.     1916D-698. 

Ecfusal  of  discovery  on  ground  that  it 
will  tend  to  convict  defendant  of  con- 
spiracy.    5-739. 

Usury,  right  to  compel  discovery  of 
usurious  character  of  contract.    2-913. 


272    INDEX  TO  THE  NOTES,  1  AN^.  CAS.  TO  ANN.  CAS.  1918E. 


DISCRETION. 

Eminent  domain,  discretion  allowed  to 
grantee  of  power  as  to  location  and 
quantity  of  property  to  be  taken. 
2-946;    1912C-1118. 

Municipal  corporations,  validity  of  ordi- 
nance vesting  discretion  as  to  its 
enforcement  in  municipal  official.  6- 
749;    13-652. 

Prosecuting  attorneys,  discretion  as  to 
instituting  and  conducting  criminal 
prosecution.     1912B-755. 

Trustee,  discretion  to  defeat  charitable 
trust  as  affecting  its  validity.  21- 
156. 

DISCRETIONARY 
POWERS. 

Boards  and  special  officers,  supervisory 
control    of    courts.     2-543. 


DISCRETION  OF  COURT. 

Amendment  of  pleadings  on  trial.     5-674. 
— equity    pleadings.     1-266. 

Appeal,  review   of  discretion  of   court  in 
relieving     parties     from     stipulation. 


1912C-771. 


Bail,  granting  or  refusal  as  matter  of 
right  or  discretion.     1-12;   9-619. 

Custody  of  child  under  award  on  habeas 
corpus  as  matter  of  discretion.  1914A- 
761. 

Due  process  of  law,  exercise  of  discre- 
tionary power  conferred  by  statute  as 
constituting.     2-317. 

Experiments  in  presence  of  jury,  as 
within  discretion  of  court.     7-216. 

Guardian,  removal  as  resting  in  discre- 
tion of  court,     1912B-977. 

Judicial  sales,  ordering  sale  of  realty  in 
parcels  or  en  masse  as  discre- 
tionary   with    court.     8-743. 

Jurisdiction  of  cause  also  triable  in  an- 
other jurisdiction,  discretion  of  court 
as  to   taking.     3-1153. 

Jury,  permitting  evidence  to  be  read  to 
jury  after  retirement  as  within  dis- 
cretion  of   court.     20-1222. 

Mandamus  as  remedy  on  refusal  of  court 
to  entertain  jurisdiction  on  ground 
of  discretion  where  it  has  no  dis- 
cretion.    1915D-199. 


DISCRETION  OF  COURT— Continued. 

Xew  trial  grantable  for  misconduct  of 
jury  as  within  court's  discretion^ 
1912D-1018. 

Next  friend  not  proper  person  to  act, 
power  of  court  in  premises  to  allow 
amendment    of    pleading.     1914A-947, 

Order  of  trial  after  severance  obtained 
for  persons  jointly  indicted  as  within 
discretion   of   court.     1914C-326, 

Physical  examination  of  plaintiff  as  with- 
in discretion  of  court.     1-266. 

Probate  court,  discretion  in  matters  relat- 
ing to  decedents'  estates.     1913C-857. 

Setoff  of  judgments  as  resting  in  discretion, 
of   court.     17-967. 

Yenue,  county  chosen  for  change  of 
venue  as  within  discretion  of  court. 
9-177. 

View  by  jury  as  resting  in.  discretion  of 
court.     18-730. 

Witness,  disobedience  of  rule  excluding 
from  courtroom,  reception  of  testi- 
mony of  witness  as  within  discretion 
of     court.     9-368. 

— qualification  of  witness  to  testify  as 
expert  as  matter  within  discretion  of 
court.     1912D-817. 


DISCRIMINATION. 

Aliens,  discrimination  against  in  regula- 
tion   of    laundries.     21-981. 

Carrier  of  goods,  car  supply,  unlawful 
discrimination  with  respect  to,  effect 
of  interstate  commerce  act  on  ship- 
per's right  to  damages.     1914B-52. 

— discrimination  between  shippers  by  car- 
riers.    1-55. 

• — expediting  shipment  of  goods,  agree- 
ment therefor  as  discrimination  under 
Interstate  Commerce  Act.  1914A- 
504. 

• — measure  of  damages  recoverable  by 
shipper  for  discrimination  in  favor 
of  other  shipper.     1915A-337. 

— mistake  in  fixing  discriminating  rate, 
validity  and  enforceability  of  con- 
tract. 16-455;  1913C-1386;  1918E- 
458. 

— prepayment  of  freight  charges,  require- 
ment by  carrier  as  unlawful  discrim- 
ination.    16-621. 

— reduced  rate  for  transporting  property 
for    railroad,    agreement     by     carrier 


DISE'ASE. 


273 


DISCRIMINATION— Continued. 

as     discrimination     under     Interstate 
Commerce    Act.     1914A-510. 

Carrier  of  passengers,  discrimination  be- 
tween localities  as  to  rates  of  fare. 
18-149. 

Civil  service  statutes,  discrimination  be- 
tween eligible  candidates  and  be- 
tween localities  as  affecting  con- 
stitutionality.    1913B-1011. 

Corporation,  criminal  liability  for  unjust 
discrimination.     1916C-464. 

Electric  light  company,  duty  to  furnish 
service  without  discrimination.  1914B- 
26. 

Fish  and  game,  discrimination  between 
persons  or  classes  as  to  right  to  hunt 
game,  validity  of  game  law.     19-239. 

Food,   validity  of  statute  prohibiting  dis- 
crimination in   sale.     1913D-44. 

Hawkers  and  peddlers,  discrimination 
against  nonresidents  with  respect  to 
uniformity  of  license  tax.  1918E- 
114. 

Insurance,  agreement  between  insured  and 
insurer  discriminating  in  favor  of 
former  as  against  other  policy-holders. 
18-759;   1918D-504. 

Nonresidents,  discrimination  against  cit- 
izens of  other  states  as  to  actions 
and  proceedings.     1-832. 

Street  railways,  requirement  as  to  water- 
ing tracks  as  discriminatory.  1912B- 
1140. 

Taxation,  valuation  of  property  in  dif- 
ferent proportions  as  affecting  validity 
of   tax.     1912B-872. 

Telephone  company,  duty  to  supply  con- 
nection and  facilities  without  dis- 
crimination. 11-138;  15-1215;  1912C- 
135;    1916C-779. 

Water  rates,  right  of  company  to  dis- 
criminate between  consumers.  20- 
952. 


DISEASE. 

Accident  insurance,  construction  of  ac- 
cident insurance  policy  excepting 
death  caused  by  disease.  5-86;  1917C- 
463. 

Advertising  treatment  of  venereal  or 
private  diseases,  prohibitory  statutes. 
1916A-910. 

Index  to  Notes — 18 


DISEASE— Continuea. 

Aggravation  of  latent  or  dormant,  by 
negligent  act  as  bearing  on  question 
of  proximate  cause.     1915B-201. 

Attendance  and  supplies  for  sick 
person,  implied  authority  of  officers, 
agents  or  servants  to  contract  for. 
3-570. 

Bail,  sickness  of  principal  as  exonerating 
sureties  on  criminal  bail  bond. 
1915B-434. 

Blindness  or  defective  vision  as  sickness, 
disease  or  bodily  infirmity.  1913A- 
766. 

Breach  of  promise  of  marriage,  disease 
as  defense  to  action.  12-197;  1913E- 
916;    1915A-298;    1917D-1084. 

Carrier  of  passengers,  contagious  disease, 
duty  of  carrier  to  carry  passenger 
suffering  from,  where  it  has  ex- 
pressly contracted  to  carry  him.  11- 
970. 

— duty  to  carry  person  afflicted  with  con- 
tagious   disease.     8-221. 

— feeble  or  infirm  persons,  duty  of  car- 
rier to  receive  for  carriage.  11- 
973;    17-1056. 

^sick  passenger,  right  to  eject  for  non- 
payment   of   fare.     1915D-145. 

— sickness  during  transit,  duty  and  liabil- 
ity of  carrier  to  passenger.     21-1081. 

Contagious  or  infectious,  liability  of  per- 
son   exposing   another.     1912B-64. 

Disease  as  an  accident.  2-140;  15-886; 
1913A-1121;    1918B-297,    345,   354. 

Divorce,  antenuptial  venereal  disease  as 
ground  for  divorce.     1913A-134. 

— condonation  as  defense  to  action  on 
ground  of  loathsome  disease.     13-216. 

Evidence,  competency  of  expert  testimony 
as  to  development  of  other  disorders 
from    personal   injuries.     21-330. 

Homicide  accelerating  death  of  diseased 
or  injured  person,  criminal  respon- 
sibility.    4-958. 

— death  resulting  from  disease  caused  by 
wound  as  affecting  liability  for  hom- 
icide.    1916C-693. 

Hospital  or  sanatorium  for  contagious  or 
infectious  diseases,  injunction  against. 
15-719;    1912B-1131. 

liibel  and  slander,  imputation  of  dis- 
ease as  actionable.  1914A-1255; 
1914D-151. 


274    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


DISEASE — Continued. 

Marriage,  venereal  disease  as  ground  for 
annulment.     12-28;    1913A-134. 

Master  and  servant,  right  of  servant  to 
recover  wages  for  time  lost  on  ac- 
count of  illness.     1912A-1181. 

Negligence,  illness  of  person  injured  as 
proximate    cause    of   injury.     2-731. 

Quarantine,  breaking  or  permitting  an- 
other to  break,  liability.     1914B^13. 

— enforcement  of  regulations,  liability  of 
municipality,  board  of  health,  or 
health    officer.     9-814;    16-737. 

— expenses  of  quarantined  person,  liabil- 
ity   of    municipality.     5-233. 

Ships  and  shipping,  sick  or  disabled  sea- 
man, duty  of  ship  owner  or  master. 
7-203. 

Trial,  absence  of  counsel  on  account  of 
sickness  as  ground  for  continuance. 
1913C-432. 

Workmen's  compensation,  aggravation  or 
death  arising  out  of  and  in  course  of 
employment.     1913C-9. 

— contraction  as  accident  arising  out  of 
and  in  course  of  employment.  1914B- 
499,    501. 

— nonoccupational  disease  as  "injury" 
within  meaning  of  Workmen's  Com- 
pensation Act.     1918B-366, 

— occupational  disease  as  accident  within 
Workmen's  Compensation  Act.  1916D- 
€94. 

Animals  and  Agriculture. 

Agriculture,  destruction  of  diseased  fruit 
trees,  fruit  or  vegetables,  validity  of 
statute.     1917E-220. 

Animals  communicating  disease  to  other 
animals,  liability  of   owner.     15-1002. 

— infected  premises,  liability  of  owner  for 
communication  of  disease  to  animals 
of  another.     15-1009. 

Destruction  of  diseased  animals  with 
compensation  to  owner,  validity  of 
statute  providing  for.     1917D-89. 

— without  compensation,  validity  of  stat- 
ute or  ordinance.     15—48. 

Horse,  express  warranty  of  soundness  of 
horse  as  affected  by  its  disease.  21- 
1005. 

Insurance,  disease  as  cause  of  loss  under 
animal    insurance    policy.     1915A-616. 

Livestock,  contracted  in  transport,  lia- 
bility of   carrier  to   shipper.     21-176. 


DISFIGUREMENT. 

Damages,  adequacy  of  verdict  for  in- 
jury resulting  in  disfigurement. 
1916B-405. 

— ^humiliation  or  mortification  on  account 
of  disfigurement  as  element  of  dam- 
ages for  personal  injuries.  1918D- 
65. 


DISHONESTY. 

Fidelity    insurance,    what    constitutes    dis- 
honesty by  employee.     1917C-42o,  429. 

Libelous   or   slanderous  imputation,   exces- 
siveness    of    verdict.     1913B-704,    708. 

DISHONOR. 

See  Bills  and  Notes. 


DISINHERITANCE. 

Intent  to  exclude  after-born  children  as 
affecting  revocation  of  will  under 
statute.     1913D-1330. 


DISINTERMENT. 

Property  right  in  dead  body  as  conferring 
right     to     disinter.     1918D-735. 


DISMISSAL  AND  NON- 
SUIT. 

1.  In  General. 

2.  Voluntary. 

3.  Involuntary. 

1.     In    General. 

Appeal,  dismissal  of  action  as  frivolous 
and  vexatious  as  final  or  interloc- 
utory order  for  purposes  of  appeal. 
18-394. 

— effect  of  dismissal  on  liability  of  sure- 
ties  on   appeal   bond.     1916C-1226. 

— mandamus   proceeding,   dismissal   of   ap-  ,  ^ 
peal     where     question     involved     has  « 
become     immaterial.     5-626;      1912C- 1 
247. 

— right  of  appellant  to  dismiss  appeal. 
2-794;   11-966. 

Arbitration,  submission  to  as  discontin- 
uance of  pending  case.     1912A-1263. 


DISOBEDIENCE. 


275 


DISMISSAL  AND  NONSUIT— Continued.      DISMISSAL  AND  NONSUIT— Continued. 


Eminent  domain  proceedings,  at  what 
stage  may  be  discontinued.  1913E- 
1062. 

— voluntary  dismissal  as  entitling  land 
owner  to  damages.  8-734;  1912B- 
944;     1916D-723;     1916E-991. 

"Escrow,"  term  as  applicable  to  discon- 
tinuance and  release  of  cause  of  ac- 
tion.    1916B-1032. 

Injunction  suit,  effect  of  dismissal  as 
breach,   of  injunction  bond.     6—401. 

— execution  sale,  rigbt  of  defendant  to 
dismissal  of  action  to  enjoin.  1918C- 
310. 

Intervention,  dismissal  of  principal  ac- 
tion as  working  dismissal  of  ancil- 
lary suit  in  intervention.  1913D- 
1034. 

Malicious  prosecution,  discharge  by  com- 
mitting magistrate  after  hearing  on 
merits,  or  dismissal  by  magistrate 
without  trial  on  merits  as  sufficient 
termination  to  sustain  action.  7- 
482;    16-1107;    1913A-926. 

Mere  scintilla  of  evidence  as  sufficient  to 
justify  submission  of  cause  to  jury. 
1914B-472. 

New  action,  on  demand  barred  by  limita- 
tion, after  dismissal  of  action  for 
failure  to  give  security  for  costs.  3- 
97. 

Eesidence  as  synonymous  with  domicile 
in  statute  relating  to  dismissal  of 
suits.     1915C-788. 

Ees  judicata,  conflict  of  laws,  judgment 
of  nonsuit  or  dismissal  in  one  juris- 
diction as  bar  to  action  in  another. 
19-1016. 

— dismissal  of  action  by  agreement  as 
res    judicata.     13-655. 

■ — failure  of  plaintiff's  proof,  judgment 
based  on  as  bar  to  subsequent  suit 
on    same    cause    of    action.     9-187. 

— ^judgment  or  decree  "without  preju- 
dice," effect  as  res  judicata.  1914A- 
1106. 


2.    Voluntary. 

Bill  in  equity,  right  to  voluntary  dis- 
missal. 5-850;  1917A-1185,  1195, 
1196;    1918E-1186. 

Client's  right  to  dismiss  without  attorney's 
consent.     1-247;  1917A-570. 


Coplaintiff,    dismissal    of    action    by.     20- 

1005. 

Corporation,  rights  of  stockholders  where 
board  of  directors  dismisses  action  by 
corporation.     1914D-834. 

Divorce,  voluntary  dismissal  of  bill  for 
divorce.     1917A-1197. 

Election  contest,  right  of  plaintiff  or  one 
or  more  of  several  plaintiffs  to  dis- 
continue or  withdraw.     1913B-215. 

Final  submission  of  cause  so  as  to  preclude 
voluntary  dismissal,  what  constitutes. 
4-510. 

Lunacy  inquiry,  right  of  voluntary  dismis- 
sal.    1915D-663. 

Nonsuit,  right  of  plaintiff  to  appeal  from 
voluntary    judgment.     9-631. 

Eight  of  plaintiff  to  take  voluntary  dis- 
missal or  nonsuit  after  verdict  or  find- 
ing but  before  judgment.     1913D-525. 

Taxpayers'  action  on  behalf  of  county, 
right  of  county  to  dismiss.  1917A- 
855. 

Verdict  against  all  joint  tort-feasors,  right 
to  dismiss  as  to  same  after  verdict  and 
take  judgment  against  residue.  19- 
798. 

Will  contest,  right  of  plaintiff  to  dismiss 
voluntarily.     1914B-532. 


3.    Involunta-ry. 

Court  sitting  at  chambers  or  in  vacation, 
power  to  dismiss  bill  in  equity. 
1916A-1230. 

Illegal  contract,  right  or  duty  of  court  on 
own  motion  to  dismiss  action  based 
on.     1912A-1033;  1915B-230. 

Libel  or  slander,  power  of  court  to  order 
nonsuit  where  jury  empowered  to  pass 
on  law  and  facts.     1915D-1269. 

Next  friend  not  proper  party  to  act,  power 
of   court  to   dismiss  suit.     1914A-946. 

Nonsuit,  appropriateness  in  equity  cause. 
5-211. 

Eemoval  of  cause  to  federal  court,  subse- 
quent jurisdiction  of  state  court  to 
dismiss  action,  4-891;  9-942;  1913A- 
332. 


DISOBEDIENCE. 

Master  and  servant,  disobedience  of  order 
or  rule  as  ground  for  discharge  of 
servant.     1916A-1027. 


276    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


DISOBEDIENCi: — Continued. 

— fellow-servant's  disobedience  of  rules, 
liability  of  master  for  injuries  to  ser- 
vant caused  by.     21-941. 

— right  of  servant  to  recover  for  personal 
injuries  as  affected  by  disobedience  of 
rules  or  regulations  of  master.  8-3; 
10-152;  1912  A-84. 

Stock  broker's  failure  to  follow  orders  of 
customer  as  affecting  dealings  between 
them.     191oB-913. 

TTorkman's  disobedience  as  precluding  re- 
covery under  Workmen's  Compensa- 
tion Act.  1913C-17;  1914B-502; 
1916B-1310;  1916r)-5S4;  1918B-809. 


DISORDERLY  CONDUCT. 

Assault  upon  disorderly  person  in  removing 
him  from  premises,  liability  of  owner 
or  occupant.     1914A-1039. 

Disorderly  conduct  as  "crime"  for  con- 
viction of  which  witness  may  be  im- 
peached.    1916A-276. 

Language  constituting.     1917C-889. 


DISPARAGEMENT. 

Property  or  manufactured  articles,  dis- 
paragement as  libel  or  slander.  8- 
810;   1914B-841;   1914D-1151. 

Eeal  property,  defamation  as  actionable 
wrong.     9-818. 


DISPLACEMENT    WAVES. 

Injury  to  other  vessels  by  causing,  duty  of 
vessel  to  avoid.     12-613. 


DISPLAYING  LIGHTS. 

Automobiles,  failure  to  comply  with  statu- 
tory regulation,  effect  on  rights  and 
liabilities  of  owner  or  driver.  1918D- 
852. 


DISPLAYING  NUMBER. 

Automobiles,  effect  on  rights  and  liabilities 
of  owner  or  driver  of  failure  to  comply 
with  statutory  regulation.  1914A- 
128;  1918D-847. 


DISORDERLY   HOUSES. 

Bawdy-houses  confined  within  designated 
limits,  validity  of  statute  or  ordinance. 
1914B-506. 

Cruel  and  unusual  punishment  for  keeping. 
1918B-399. 

Evidence  of  character,  general  reputation 

as  sufficient.     12-273. 
Forfeiture    of    property   on  abatement    of 

bawdy-house  as  nuisance.     1915D-552. 
Imputation     of     disorderly     character     to 

house   as   actionable  slander   or  libel. 

1916B-755. 
Insurance  policy  upon  house  or  furniture, 

validity.     15-541. 
Keeping    as    "crime"     for    conviction     of 

which     witness     may    be    impeached. 

1916A-276. 
Lease  of  property  to  innocent  party,  duty 

of  landlord  to  disclose  former  use  as 

bawdy-house.     1-679. 
Owner  of  premises,  validity  and  construc- 
tion of  statute  making  him  liable  for 

use      for     purpose      of      prostitution. 

1917A-459. 
Tenant's  rights  under  lease  as  forfeited  by 

use      of     premises     for     prostitution. 

1913C-1356. 
I7sury.   place   where  law   against  usury  is 

violated  as  disorderly  house.     18-988. 


DISPUTED  CLAIM. 

Part  payment  as  satisfaction.     1915A-951. 


DISPUTED  WRITING. 

Testing  handwriting  witness  by  use  of 
other  writing.     1917B-1060. 

DISQUALIFICATION. 

See  Judges;  Jury;  Witnesses. 

Corporate  officer  or  stockholder  to  take  ac- 
knowledgment of  instrument  in  which 
he   is   interested.     16-140;    1913D-373, 

Deposition,  interest  as  affecting  qualifica- 
tion of  person  to  take.     6-610. 

Grand  juror,  bias  as  ground  for  challenge 
in  absence  of  statutory  provision.  4- 
873. 

Notary  public,  disqualification  to  take 
affidavit  where  he  is  attorney  for  party 
taking  oath.     6-37. 

Public  office,  disbarment  of  attorney  as  dis- 
qualification.    20-422. 

DISRESPECT. 

Servant's  disrespect  as  ground  for  dis- 
charge by  master.     1916A-1016. 


DISSOLUTION— DISTINCTIONS. 


277 


DISSOLUTION. 

See  Corporations. 

Attachment,  death  of  defendant  as  work- 
ing dissolution.  '  1917A-149. 

Building  and  loan  associations,  mode  of 
settlement  with  borrowing  members 
upon  premature  dissolution.  4-1080; 
10-391;   1914B-1269. 

Drainage  districts.     191oC-30. 

Fire  insurance  company,  dissolution  as  can- 
celing policies.     1915A-1236. 

Mutual  insurance  company,  distribution  of 
assets  and  surplus.     7-412. 

Partnership,  running  of  statute  of  limita- 
tions against  action  for  accounting 
and  settlement.     1918D-1107. 

Beligious  societies,  dissolution  or  termina- 
tion of  existence.     1918D-1056. 


DISTANCE. 

Determination  in  given  case,  whether  by 
straight  line  or  otherwise.     1913E-452. 

Fire  set  by  railroad,  proximate  cause  of 
damage  as  affected  by  considerations 
of  time  and  distance  traveled  by  fire. 
3-386. 

Judicial  notice  by  courts.     12-930. 


DISTINCTIONS. 

Absolute  guaranty  and  offer  to  guarantee. 
15-1164. 

Assumption   of  risk  and  contributory  de- 
fenses.    18-960. 

Boarder   and   guest  at  hotel  or  inn.     14- 
326;  1914B-729. 

Boarding-house    keeper   and  lodging-houso 
keeper.     1914D-839. 

Bribery  and  attempt  to  bribe.     1916A-816. 

Burden   of   proof   and   burden   of   proving. 
1912C-48. 

Carrier    of    goods    and    warehouseman    or 

forwarder.     1914B-778. 
Conditional    sale    and    bailment    or    lease. 

12-879. 
Condonation  and  forgiveness.     1912C-4. 
Contempts,   civil    and   criminal.     21-907. 
Contract  of  sale  and  consignment  of  goods 

to  factor,     191oA-603. 

De    facto    officers    and    usurpers.     1913C- 
1046. 


DISTINCTIONS— Continued. 

Deputy  and  assistant.     1912A-1271. 

Direct  and  collateral  attack  on  judgment. 
1914B-82. 

Election  contest  and  quo  warranto.  1913C- 
161. 

Epilepsy  and  emotional  insanity.     18-430. 

Erections  as  distinguished  from  repairs, 
additions  or  alterations  under  me- 
chanics' lien  laws.     1912B-13. 

Exception  and  reservation  in  deed.  18- 
799;  1918A-877. 

Factors  and  brokers.     1913C-1018. 

False  imprisonment  and  malicious  prosecu- 
tion.    21-457. 

Fine,  penalty,  and  forfeiture.     18-883. 

Franchise  and  license  granted  corporation. 
1916B-210. 

Guaranty,  continuing  and  limited.  4-822; 
1918E-609. 

Guest  and  boarder  at  hotel  or  inn.  14- 
326;1914B-729. 

Indemnity  contract  against  loss  and  one 
against  liability.     1913D-1152. 

Lapsed  legacy  and  lapsed  devise  with.  re« 
spect  to  devolution.     1914D-719. 

Larceny  and  embezzlement.     13-882. 

Licensee  and  invitee.     1913C-570. 

Lodger  and  tenant.     1914D-840. 

Malicious  abuse  of  process  and  malicious 
prosecution,     3-722;  1915A-831. 

Manufacturer  and  dealer  in  goods,     21-78. 

Marriage  capacity  and  contract  or  testa- 
mentary capacity,     1913B-1238, 

Martial  law  and  military  law,     1914C-23, 

Minerals  in  solids  and  petroleum  or  nat- 
ural gas,     20-937. 

Mining  and  ordinary  partnership,  1914D- 
1191, 

Ministerial  and  judicial  acts  under  Sunday 
laws.     1-278;    18-1040, 

Mislaid  property  and  lost  property. 
1917D-803. 

Office  and  employment.  17-451;  1917D- 
319, 

Perjury  and  false  swearing,     8-881. 
Pledge  and  chattel  mortgage,     1912B-962. 
Pledge  and  sales.     1915A-1082. 
Presumptions  of  law  and  of  fact,     1913B- 

897. 


278     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


DISTINCTIONS— Continued. 

Privileged  communication  and  privileged 
occasion  within  law  of  libel  and 
slander.     1913C-1074. 

Property  tax  and  excise  tax.     1914B-643. 

Public  and  private  corporations.     1-368. 

"Purport"  and  "tenor."     1914B-66I. 

Rent  and  royalty.     1916E-1225. 

Eeservations  and  exceptions  in  deeds.  18- 
799. 

Bestraining  order  and  temporary  injunc- 
tion.    1917B-123. 

Salary  and  wages.     1917B-321. 

Setoff,  recoupment  and  counterclaim. 
1914B-119. 


Special     and    general 
19131^45. 


deposits    in    bank. 


Specific  and  general  legacies  of  stocks, 
bonds  or  securities.     10-490;  19-1187. 

Stock  and  cash  dividends.     9-290. 

Street  railways  and  commercial  railroads. 
4-449;   1913C-579. 

Surety  company  and  individual  surety  as 
to  liability.     1912B-1087. 

Tenant  and  lodger.     1914A-200. 

Testamentary  capacity  and  contractual  ca- 
pacity.    1915A-362. 

Trading  and  nontrading  partnerships. 
1916A-206. 

Transient  merchants  and  hawkers  and 
peddlers.     1917E-505. 

Trust  deed  and  power  of  sale  mortgage  of 
realty.     1913A-1045. 

Undue  influence  and  fraud.     18—412. 

Unlawful  assembly  end  riot.     17-1149. 

Valuable  and  good  consideration.  1912C- 
80. 

Voluntary  and  negligent  escape.  1913C- 
697. 

Wholesale  and  retail  sales  of  liquor.  18- 
187. 

DISTRAINT. 

Animals,  forfeiture  and  sale  of  distrained 
and   impounded   animals.     1-993. 

Bar,  when  one  distress  bars  second.  3- 
821. 

Breach  of  agreement  to  lease,  liability  of 
proposed  lessee  to  distraint.  1912C- 
1054. 


DISTRAINT— Continued. 

Property  of  stranger  on  tenant's  premises 
distrained  for  rent,  remedy.     16-1160. 

Eight  to  distrain  for  rent  as  depending  on 
relationship  of  landlord  and  tenant. 
19-268. 

Vessels,  distraint  for  wharfage  dues.  13- 
392. 


DISTRIBUTEES. 

Execution  sale,  right  of  distributee  to  en- 
join.    1918C-260. 


DISTRIBUTION   OF   ESTATES. 

See  Descent  and  Distribution;   Executors 
and  Administrators. 

DISTRICT  ATTORNEYS. 

See  Prosecuting  Attorneys. 

DISTRICT  MESSENGER. 

See  Messengers. 


DISTRICT  OF  COLUMBIA. 

Condemnation     of     land     within     district, 
power  of  United  States.     1918E-43. 


DISTURBING  MEETING. 

Intent  as  element  of  offense.     1914B-741. 

"Place  of  worship,"  or  "meeting  for  divine 
worship,"  within  statute  against  dis- 
turbance.    19-448, 


DITCHES. 

See  Drainage;  Irrigation. 

Irrigation,  liability  of  owner  for  damages 
arising  from  construction  and  main- 
tenance.    13-267;    1916D-981. 

Land  acquired  for  purpose  by  condemna- 
tion as  giving  easement  or  fee.  20- 
571;  1918A-809. 

Natural  watercourse,  acquisition  of  char- 
acter of  by  artificial  stream.     14-909. 

Public  nuisance,  prescriptive  right  to  main- 
tain ditch.     17-792. 

DIVERSE  CITIZENSHIP. 

See  Citizenship. 


DIVERSION  OF  WATERS— DIVORCE. 


279 


DIVERSION  OF  WATERS. 

See  Waters  and  Watercourses. 


DIVIDED  COURT. 

Binding  effect  on  federal  courts  of  deci- 
sion of  state  court,  not  concurred  in 
by  majority  of  judges,  as  to  con- 
struction of  state  statute.     13-573. 


DIVIDENDS. 

See  Corporations. 

Assignment  for  benefit  of  creditors,  right 
of  secured  creditors  as  to  dividends  on 
assignment.     2-274;  13-1089. 

Profits  and  dividends,  distinction  between. 
£0-691. 


DIVISIBLE  CONTRACTS. 

Frauds,  statute  of,  validity  and  enforce- 
ability of  parol  contract  partly  within 
statute.     1918E-500, 

Insurance  contracts,  divisibility.  2-22; 
11-805,-  1912C-989. 


DIVISION  FENCES. 

See  Fences. 


DIVORCE. 

1.  In  GeneraL 

2.  Jurisdiction. 

3.  Causes  for  Divorce. 

4.  Pleading.  • 

5.  Defenses. 

6.  Trial. 

7.  Evidence. 

8.  Counsel  Fees  and  Costs. 

9.  Decree. 

10.  Foreign  Decree. 

11.  Violation  of  Decree. 

12.  Effect  of  Divorce. 

13.  Custody  and  Support  of  Children. 

14.  Alimony. 

See  Annulment  of  Marriage;  Matrimonial 
Actions. 


DIVORCE — Continued. 

1.    In  GeneraL 

Advertising  procurement  of  divorce,  pro- 
hibitory statutes.     1916A-904. 

Appeal  from  final  decree,  right  to.     13-837. 

Contract  intended  to  facilitate  procuring 
of  divorce,  validity.  11-377 j  1915 A- 
811;  1918E-902. 

Death  of  party,  abatement  of  pending  ac- 
tion by  death  of  plaintiff.     17-876. 

—effect  on  property  or  marital  rights  of 
death  of  party  before  final  decree. 
1914B-1094. 

Legacy  or  devise  conditioned  on  recipient 
obtaining  divorce,  validity.    1917B-I67. 

Lis  pendens,  action  for  divorce  as  within 
law  of  lis  pendens.     1913D-950. 

Ne  exeat  in  suits  by  wife  for  support  or 
for  divorce  and  alimony.     3-295. 

Presumption  of  divorce  to  support  subse- 
quent marriage.     17-683;   1918E-1237. 

Process,  service  of  notice  on  public  offi- 
cial, validity  and  construction  of  stat- 
ute requiring.     1918D-1098. 

"Besidence"  as  synonymous  with  "domicile" 
in  divorce  statute.     1915C-788. 

— ^period  of  residence  within  state,  as  pre- 
requisite to  action,  validity  of  statute 
prescribing.     1916E-1110. 

Bestoration  of  property,  independent  ac- 
tion against  former  spouse  for  restora- 
tion of  property,  right  of  divorced  per- 
son to  bring.     1917A-1243. 

t— life  insurance  policy  naming  wife  as 
beneficiary  as  subject  to  restoration. 
1915C-321. 

*— right  of  wife  to  restoration  of  property 
in  action  for  divorce.    £1-1103. 


2.    Jurisdiction. 

(Nonresident  defendant,  jurisdiction  of 
court  to  grant  divorce  upon  cross-peti- 
tion.    9-1200, 

Title  to  land  situated  in  another  jurisdic- 
tion, validity  of  decree  in  divorce  pro- 
ceeding passing  title.     17-859. 


3.     Causes  for  Divorce. 

Concealment    of    prior    marriage    or    un* 
chastity  as  ground.     1914C-1291. 


280    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


DIVORCE — Continued. 

Cruelty,  habits  (>t  course  of  conduct  of 
spouse  as  cruelty  warranting  divorce. 
1918B-480,  500. 

— necessity  of  personal  violence  to  consti- 
tute.    9-1090. 

Desertion,    driving   innocent    spouse    from 

home  as  constituting.     21-280. 
—leaving  marital  home  because  of  conduct 

of  husband's  relatives,  right  of  wife. 

1914B-633;  1916E-209. 
— refusal    of    intercourse    as    constituting. 

12-547. 
— ^wife's  refusal  to  follow  husband  to  new 

domicile  as  desertion.     5-852. 

Drunkenness  as  ground  for  divorce.  1912C- 
655. 

Impotency  as  ground  for  divorce.     1913A- 

128. 

Marriage  contracted  by  man  without  in- 
tent to  continue  relation  as  ground  for 
divorce  by  wife.     1915A-829. 

Nonsupport  of  wife  having  separate  prop- 
erty or  income  as  ground.  1916A- 
856. 

Unchastity  or  prior  marriage,  concealment 
as  ground  for  divorce.     19140-1291. 


4.    Pleading. 

Cross-bill  in  action  by  spouse  other  than 
for  divorce,  right  to  file.  1912B- 
743. 

General  denial,  right  to  give  evidence  of 
offense    in    recrimination.     1913B-674 

Petition,  necessity  of  allegation  of  resi- 
dence of  plaintiff.     12-1092. 

Verification  of  petition,  necessity  and 
sufficiency.     11-799. 


5.    Defensea 

Condonation  as  defense.  1912C-3;  1918 A- 
651. 

— loathsome  disease,  condonation  as  de- 
fense to   action.     13-216. 

Connivance  as  bar  to  divorce.  10-819; 
1915C-80. 

Conviction  of  crime,  pardon  as  affecting 
right  to  divorce  on  account  of.  7- 
1165. 

Insanity  of  defendant  in  divorce  pro- 
ceedings.    1-252. 


DIVORCE— Continued. 

Judgment  in  criminal  proceeding  as  res 
judicata  in  civil  action  for  divorce. 
21-1185. 

Pendency  of  suit  as  bar  to  like  suit  by 
other  spouse  in  another  jurisdiction 
or  county.     1914A-1140. 

Recrimination,  right  as  affected  by  com- 
parative gravity  of  offenses.  6-171; 
1917A-177. 

Separation  agreement  as  bar  to  action  for 
divorce.     1916C-347,  367,  368. 


6.     Trial. 

Continuance  in  divorce  cases.  1914B- 
359;    1918B-1087. 

Dismissal,  voluntary  dismissal  of  bill  for 
divorce.     1917A-1197. 

Failure  to  comply  with  order  for  suit 
money  or  custody  of  children  as  af- 
fecting right  of  party  to  defend. 
2-464. 

Hearing  in  camera,  right  of  court. 
1913E-639. 

Intervention  by  third  person,  right  of. 
1913E-429. 

Procedure,  effect  of  partial  invalidity  of 
statute   relating   to.     1916D-80. 

Statutory  requirements,  failure  of  plain- 
tiff to  comply  as  affecting  right  to 
divorce,  where  defendant  does  not 
raise  objection.     20-341. 

Venue,  change  of  venue  in  action  for 
divorce.     1917A-940. 


7.     Evidence. 

Adulterous  disposition  of  defendant,  ad- 
missibility ^f    evidence.     16-1118. 

Paramour,  admissibility  and  weight  of 
testimony  in  action  on  ground  of 
adultery.     1913A-1240. 

Proof,  degree  required  to  establish  cause 
for    divorce.     1913B-1216. 

Testimony  of  detectives  to  prove  adul- 
tery.'   12-960. 

Uncorroborated  testimony  of  party  or 
parties,    granting    on.     1913B-3. 

8.    Counsel  Fees  and  Costs. 

Counsel  fees,  allowance  by  appellate 
court.  3-51;  6-683;  15-229;  1915B- 
1249. 


DIVORCE. 


281 


DIVORCE— Continued. 

Liability  of  husband  for  counsel  fees 
incurred  by  wife.  15-21j  1917A- 
689,  702. 

Eeconciliation  of  parties,  power  of  court 
to  allow  attorney  fees  in  matrimonial 
action  thereafter.     1913A-798. 


9.    Decree. 

Collateral  attack  on  domestic  decree. 
1915B-430. 

Estoppel  by  remarriage  to  attack  decree 
of    divorce.     1917E-125. 

Final  judgment,  power  of  court  to  dis- 
regard interlocutory  judgment  or 
order   on   entering.     1915B-1195. 

Modification  of  divorce  decree  for  pur- 
pose of  allowing  alimony,  power  of 
court.     1918E-1230. 

Payment  to  wife  as  compensation  for 
services,  power  of  court  to  order  on 
dissolving    marriage.     1914B-851. 

Kes  judicata  doctrine  as  applicable  to  di- 
vorce proceedings.  1916B-875,  924, 
932,  934,  941,  944;  1918E-1230. 

Vacation  of  decree,  direct  proceeding 
brought  by  surviving  party  after 
death  of  other  party.  5-892;  1913B- 
369;    1917A-595. 

— power  of  court  to  revoke  decree  for 
fraud.    18-1002. 


10.    Foreign  Decree. 

Action  based  on  foreign  decree,  neces- 
sity of  alleging  that  court  had  juris- 
diction.    1913B-1193;    1916B-260. 

Conclusiveness  and  res  judicata  of  for- 
eign   decree.     1916B-903. 

Dower  rights  as  affected  by  foreign  di- 
vorce.    1913E-555. 

Extraterritorial  effect  of  decree  of  for- 
eign court  having  jurisdiction.  4- 
864;   20-870. 

Marriage  dissolved  by  other  than  court 
decree,  validity  in  another  jurisdic- 
tion.    1913D-537. 

Prohibition  of  remarriage  of  parties,  ex- 
traterritorial effect  of  decree  or  stat- 
ute prohibiting.     15-758;    1918E-1074. 

Validity  of  foreign  decree  as  dependent 
upon  jurisdiction  over  defendant. 
5-26. 


DIVORCE — Continued. 

11.    Violation   of  Decree. 

Marriage  of  party  Within  prescribed  time 
after    divorce.     1-202;    1918E-557. 

Eemarrying  in  foreign  jurisdiction  after 
decree  forbidding  remarriage  as  con- 
tempt   of   court.     1914A-1175. 

12.    Effect  of  Divorce. 

Adoption  of  child,  divorce  of  parents 
as  affecting  necessity  of  consent. 
1914A-223. 

Adverse  possession,  acquisition  by  di- 
vorced wife  of  title  to  property. 
1912A-573. 

Alienation  of  affections,  effect  of  divorce 
upon  right  of  action.  6-663;  1912D- 
619. 

Criminal  conversation,  right  of  spouse 
against  whom  divorce  has  been  ob- 
tained to  maintain  action.  1912D— 
619. 

Curtesy,  right  of,  as  barred  by  divorce. 
17-730. 

Death  by  wrongful  act,  child's  right  of 
action  as  affected  by  divorce  of  par- 
ents.    1918E-419. 

Dower  as  barred  by  divorce.     1914B-665. 

Entirety,  effect  of  divorce  on  rights  of 
tenant.     4r-1102;   5-536. 

Gift  of  property  to  wife  before  divorce 
as    recoverable    by    husband.     191 2C- 

722. 

Homestead,  alienation  or  incumbrance  by 
husband  alone  as  affected  by  divorce. 
9-14;    15-1121;    1917A-77. 

•—partition  of  homestead,  right  of  hus- 
band or  wife  after  divorce  or  separa- 
tion.    6-954. 

Insurance,  effect  of  divorce  upon  rights 
of  beneficiary.  2-351;  7-1026;  1913D- 
685;   1917C-269. 

Waste  committed  by  husband,  right  of 
wife  to  recover  for  in  action  for  di- 
vorce.    21-1104. 

Will,  revocation  by  divorce  of  testator. 
3-230;   16-544. 

Witness,  competency  of  husband  or  wife 
as  witness  as  affected  by  divorce. 
1912B-1200;   1918E-193. 


282     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


DIVORCE— Continued. 

13.    Custody  and  Support  of  Children. 

Custody  of  children,  right  of  court  re- 
fusing divorce  to  award.  5-91; 
1912B-3.50. 

— conflict  of  laws  as  to  custody  of  chil- 
dren   after    divorce.     12-1059. 

Death  of  parent  to  whom  custody  of 
child  was  awarded,  right  to  custody 
thereafter.     21-466;   1915C-653, 

Power  of  court  to  provide  for  custody 
or  support  of  children,  in  absence  of 
prayer  for  such  relief.     1914D-753. 

Support  of  children,  custody  of  children 
awarded  mother  without  provision 
for  maintenance  as  affecting  liability 
of  father  for  support.  7-903;  14- 
255;    1913C-926;    1915D-813. 

— ^liability  of  father  after  decree  in  his 
favor  not  providing  for  custody  or 
maintenance.     1918C-939. 

— ^provision    for    maintenance  in    divorce 

decree   awarding   custody  of   children 

to    mother,    liability    of  father    for 
support.     12-138. 


14.    Alimony. 

Agreement  relating  to  alimony  as  valid 
contract.     11-379. 

Alimony  independently  of  divorce  pro- 
ceedings, power  of  court  to  decree. 
1913D-1132;   1914B-932. 

Allowance  of  permanent  alimony  after 
divorce  decree.  1915D-1064;  1918E- 
1230. 

Appeals,  allowance  of  temporary  alimony, 
suit  money,  counsel  fees  or  costs 
pending         appeal.     3-51;  15-229; 

1915B-1249. 

Arrears  of  alimony,  enforcement  of  pay- 
ment.    2-915. 

Assignability  of   alimony.     10-393. 

Bankruptcy  discharge  as  affecting  claims 
for  alimony  and  support  of  children. 
2-268. 

Defendant  not  personally  served,  power 
of  court  to  decree  alimony  and 
costs.     2-819;    14-362. 

Disobedience  of  order  for  alimony  as 
authorizing  striking  defendant's  evi- 
dence and  decreeing  divorce  by  de- 
fault.    8-841. 


DIVORCE— Continued. 

Disposal  of  personalty  by  husband  dur- 
ing coverture  as  affecting  right  to 
alimony.     10-1055, 

Enforcement  of  decree  for  alimony  by 
action  at  law.  3-579;  4-299;  8-700; 
10-547;   20-1068. 

Foreign  divorce  by  husband  as  affecting 
wife's  right  to  maintain  action  for 
alimony.     1912C-289. 

Gross  sum,  allowance  of  alimony.  1- 
224. 

Husband's  right  to  alimony  in  action  for 
divorce.     19-1142;    1915B-794. 

Inability  to  pay  alimony  as  defense  to 
charge  of  contempt  of  order  of 
court.     15-945. 

Infancy  as  defense  to  application  for  ali- 
mony.    1913A-545. 

Lien  of  decree  for  alimony  on  realty. 
9-90;    18-565;    1914D-888. 

Life  of  decree  for  permanent  alimony. 
2-915;    6-825. 

Modification  of  decree  after  life  of  de- 
cree,  power    of    court.     5-940. 

■ — agreement  of  parties  for  alimony, 
power  of  court  to  modify  decree 
based    on.     13-296;    1912C-446. 

— alimony  already  accrued,  power  of 
court  to  modify  decree  as  to. 
1914A-302. 

— misconduct  of  wife  subsequent  to  di- 
vorce as  ground  for  modification  of 
alimony.     1914D-597. 

Ne  exeat  in  suit  by  wife  for  divorce 
and  alimony.     3-295. 

Proportion  of  husband's  estate  proper  to 
be  awarded  to  wife  as  permanent  ali- 
mony.    1913A-803;  1914D-319. 

Recovery  of  alimony  or  suit  money  by 
wife  in  matrimonial  action  where 
both  parties  have  committed  adul- 
tery. 15-376. 

Remarriage  of  divorced  wife,  effect  on 
decree   for   alimony.     11-523. 

Setting  aside  divorce  decree,  power  of 
court  to  award  alimony  in  suit  for. 
19-455. 

Temporary  allowance  of  alimony,  neces- 
sity and  sufficiency  of  proof  of  mar- 
riage as  prerequisite.  10-558;  1913A- 
664. 


DIZZINESS— DOGS. 


283 


DIVORCE— Continued, 

Title  to  husband's  property,  power  of 
court  to  vest  in  wife.  5-469;  1912A- 
894. 

Wife  confined  in  prison  or  other  insti- 
tution where  she  is  supported  with- 
out cost  to  herself  or  estate,  right 
to    alimony.     13-752. 

—right  of  wife  to  alimony  where  di- 
vorce is  granted  against  her.  20- 
24;    1915C-1254. 


DIZZINESS. 

Injury    causing    dizziness,    inadequacy    o£ 
verdict.     1916B-418. 


DOCKED  TAILS. 

Validity  of  prohibitory  statute.    13-1032, 

DOCKS. 

See  Wharves. 

DOCTORS. 

See  Physicians  and  Surgeons, 

DOCUMENTARY  EVIDENCE. 

See  Evidence. 


DOCUMENTS — Continued. 

— effect  of  inspection  of  document  pro- 
duced by  opposing  party  upon  admis- 
sibility.    21-1022. 

Filing,  delivery  to  officer  when  not  at 
office    as    constituting.     18-250. 

Order  to  produce,  validity  of  statute  au- 
thorizing entry  of  judgment  by  de- 
fault  for   failure   to    obey.     15-655. 

Prima  facie  evidence  of  certain  facts, 
validity   of   statute    declaring.     6-746. 

Privileged  communication  rule  between 
attorney  and  client  as  applicable  to 
production  or  disclosure  of  contents 
of    document.     1913A-23. 

Production  by  witness  who  is  not  legal 
custodian,  privilege  to  refuse.  13- 
1180. 

Sealing  as  required  by  law,  effect  of  fail- 
ure of  public  official  to  attach  seal. 
1914C-758. 

Secondary  evidence  of  contents,  when 
admissible.     8-413. 

Subpoena  duces  tecum,  sufficiency  of  de- 
scription of  document.     15-643. 

Unstamped  documents  as  evidence.  1- 
24. 

Wills,  incorporation  of  document  into 
will  by  reference.    1-395;   9-105. 


DOCUMENTS. 

Baggage  of  passenger,  memoranda  and 
papers    as    constituting.     21-734. 

Certification  as  true  copy,  proper  form. 
1912C-942. 

Client's  books  or  papers  not  constitut- 
ing confidential  communication  to 
attorney,  right  to  compel  attorney  to 
produce.     1916A-67. 

Corporate  books  and  papers,  right  of  di- 
rector to  inspect.  17-837;  1914B- 
424. 

Discovery  as  affected  by  denial  of  pos- 
session   or    control.     15-317. 

Druggist's  record  of  liquor  sales,  admis- 
sibility    in     evidence     against     him. 

20-1182. 

Evidence,  conclusiveness  against  party 
introducing.     17-381. 

— contents  of  document  as  subject  to  tes- 
timony by  one  who  heard  it  read. 
1916C-1182. 


DOGS. 

Barking  of   dog   as    nuisance.     10-67. 

— injuries     resulting     from     dog     barking 

at  horse  or  other  animal,  liability  of 

owner.     1912D-996. 

Bite  of  dog  as  accident  arising  out  of 
and  in  course  of  employment  within 
Workmen's  Compensation  Act.  1918B- 
790. 

— excessive  verdict  for  injuries  resulting 
from  dog  bite,  what  is.     1913A-1380. 

Calling  dog  to  assistance,  liability  for 
injuries  to  person  caused  by  animal. 
1915B-761. 

Carrier  of  goods,  duty  and  liability  as  to 
dogs  not  boxed.     18-235. 

Evidence  of  ownership,  name  on  dog 
collar    as    constituting.     1915D-356. 

Harborer  of  dog,  liability  for  injuries 
caused  by  it.     1914B-606. 

Killing  dog,  automobile  owner  or  driver, 
liability  therefor.     1914B-83. 


284    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


DOGS — Continued. 

— railroad     company's     liability     for.     3- 

275;   20-918. 
— street    railway,    liability    for.     8-419. 

Larceny,    dogs   as   subject    of.     5-798. 

Liability  of  owner  for  damage,  consti- 
tutionality of  statute.     13-847. 

Mad  dog,  liability  of  owner  for  injuries 
inflicted.     1915D-249. 

Provocation  by  plaintiff  as  defense  to 
action  for  injuries  by  dog.     15-165. 

Taxation,  validity  of  ordinance  imposing 
tax  on  privilege  of  keeping  dog. 
1912D-879. 

Viciousness,  knowledge  of  owner  in  ac- 
tion for  personal  injuries  caused  by 
dog.     4-127;    20-72. 

DOING  BUSINESS. 

Foreign  corporation,  what  constitutes  do- 
ing business  in  state.  2-307;  6-744; 
8-942;  11-320;  1912A-553;  1913E- 
1154;  1916E-il7;  1918C-539;  1918E- 
1248. 


DOLLAR-MARK. 

Omission,  effect  in  instrument,  indict- 
ment, etc.,  indicating  money.  1915C- 
335;  1916D-542. 


DOMESTIC  PURPOSES. 

Meaning     of     that     or     similar     phrase. 
1912B-619;    1914D-561. 


DOMESTIC  RELATIONS. 

See  Husband  and  Wife. 

Death  by  wrongful  act,  evidence  of  do- 
mestic relations  of  deceased,  admis- 
sibility.    1916C-671. 

Libel  and  slander,  admissibility  of  evi- 
dence of  plaintiff's  domestic  relations. 
&-768. 


DOMESTIC  SERVANTS. 

Fellow-servant  of  child  or  other  servant 
of  employer,  domestic  servant  as. 
21-304. 

Injury  to  domestic  servant,  liability  of 
master.     1917D-499. 


DOMICILE. 

Acquisition  in  place  where  person  en- 
joys exemption  from  local  laws. 
lS-699;   1918E-682. 

Acts  and  declarations  of  claimant,  respec- 
tive weight  on  question.     21-206. 

Change  of  domicile  where  person  leaves 
one  place  to  settle  in  another,  when 
actually    occurs.     1914B-484. 

Divorce,  validity  of  foreign  divorce  as 
dependent  upon  domicile  of  parties. 
5-26. 

Husband  and  wife,  change  of  domicile 
by  husband  as  affecting  duty  of  wife 
to  follow.     5-852. 

Infant,    domicile    after    death    of    father. 

1913E-1200. 
—after  death  of  both  parents.    1913E-1206. 

"Place     of     abode,"  meaning     of     term. 

1912C-282. 

Student,    residence  at    school    or    public 

institution       as  affecting       domicile 

within    election  laws.     1917C-403. 

Synonymous  terms.  19150-783,  796,  804; 

1917B-726. 

Testator,  conclusiveness  of  foreign  pro- 
bate as  to   domicile.     9-423. 

Wife,    domicile    after    death    of    husband. 

1913E-1196. 
— aright  to  acquire  separate  domicile  after 

abandonment     of     marriage     relation. 

1912D-397. 

DONATIONS. 

8ee  Appropriations;  Oifts. 

DONEE  OF  POWER. 

See  Powers. 


DOORS. 

Arrest,  right  of  private  citizen  to  break 
open  doors  in  attempt  to  make.  8- 
250. 

Breach  of  peace,  right  of  private  citizen 
to  break  and  open  doors  in  prevent- 
ing.    1912D-67. 

Burglary,  opening  screen  door  as  break- 
ing.    15-932. 

— partly  open  door,  opening  as  constitut- 
ing   breaking.     15-929;    1916C-320. 

Car  door  causing  injury  to  passenger, 
liability  of  carrier.  18-1163;  1918C- 
377. 


DOUBLE  TRACK— DOWER. 


285 


DOOBS — Continued. 

Fixtures,   doors   as.     20-470. 

Opening  outwards  in  street,  liability  for 
injuries  caused.     1916E-458. 

Passenger  walking  through  doorway  to 
place  of  danger,  liability  of  carrier 
for    injuries    received.     17-462. 

Eevolving  or  swinging,  liability  of  pro- 
prietor for  injuries  to  persons. 
16-117;    1916D-1235. 

DOUBLE  TRACK. 

Meaning  of  term  as  used  in  ordinance. 
1918E-243. 

DOWER. 

1.  In  GeneraL 

2.  Property  Subject. 

3.  Eelease. 

4.  Loss  of  Blglit. 
6.  Lieu  of  Dower. 


1.    In   General 

Allotment,  right  of  purchaser  of  land 
from  husband  without  joinder  of 
wife  to  require  allotment  from  other 
lands  left  by  decedent.     9-490. 

Common-law   wife,   right   to.     1912A-78. 

Creditor's  bill  to  reach  dower  right. 
1914B-955. 

Inheritance  tax  as  applicable  to  widow's 
dower.     1913A-167;     1918D-1094. 

Legislative  control  of  inchoate  dower, 
12-191. 

Limitation  of  actions  or  doctrine  of 
laches,  applicability  to  action  for 
dower.     11-411. 

Murder  of  husband  by  his  widow  as  af- 
fecting her  right  to   dower.     2-659. 

Partition  of  premises,  right  of  dowress. 
19-810. 

Priority  as  between  purchase-money 
mortgage    and    dower.     1916C-946. 

— attachment  lien  not  perfected  by  judg- 
ment during  husband's  lifetime  as 
prior  to  widow's  share  in  estate. 
1913A-343. 

Probate  court,  jurisdiction  with  respect 
to  widow's  release  of  dower  rights. 
5-193. 


DOWEE — Continued. 

Putative   wife,   dower   rights.     1913A-240. 

Eepair  of  buildings  on  dower  laaid,  duty 
of    tenant   in    dower.     ipi2B-1215. 

Eeservation  in  deed  of  dower  interest 
of  stranger  as  an  exception  to  con- 
veyance.    18-800. 

Trees  on  dower  land,  right  of  widow  to 
cut.     20-972. 

Vendor's  implied  lien,  dower  interest  as 
subject   to.     21-952. 

2.    Property    Subject. 

Alienation  of  land  by  husband  before 
marriage,  right  to  dower  in.  1913A- 
629. 

Conveyance  of  land  to,  or  condemnation 
by,  railroad,  right  to  dower  in  land. 
21-491. 

Crops,  right  of  widow  to  dower  in  grow- 
ing crops.     17-945. 

Dower   out   of   dower.     1912D-781. 

Equity  of  redemption,  right  of  dower  in. 

12-481;    1913B-1310. 
— married    woman's    right    of    redemption 

during   life    of    husband.     6-475;    15- 

315. 

Fraudulent  conveyance  joined  in  by  wife, 
right  of  wife  to  dower  on  setting 
aside  conveyance  as  in  fraud  of 
creditors.     15-446. 

Mining  lease,  assignment  of  dower  as  in- 
cluding proceeds  of  lease.  1915A- 
520. 

Partnership    lands,    right    in.     1912A-410. 

Eemainder  or  reversion  interest  of  hus- 
band in  realty  as  subject.  1912D- 
779. 

3.    Belease. 

Antenuptial  agreement  for  release  of 
dower  in  property  of  intended  spouse, 
validity.  ^804;  16-710;  1914B-620; 
1916D-994. 

— effect  of  failure  of  consideration  for 
antenuptial  agreement.  1917A^8,  64, 
67. 

Election  under  will,  death  of  widow  with- 
in time  for  ma^^ing  election  between 
dower  and  other  interest,  effect. 
5-82, 

— effect  of  widow's  qualifying  and  acting 
as  executrix  upon  right  of  election. 
4-1037;   6-336. 


286    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


DOWEE — Continued. 

—intestate  property,  right  in  aa  affected 
by  widow's  election  to  take  under 
will.     1918B-986. 

Express  contract  with  husband  for  re- 
lease, right  of  married  woman  to 
make.     1917A-48,   64,   67, 

Quitclaim  deed  as  passing  dower  right. 
1913C-367. 

Separate  instrument  not  joining  husband, 
right  of  married  woman  to  release 
dower  thereby.     13-143. 


4.  Loss  of  Bii^t. 

Adultery  in  absence  of  divorce  es  bar  to 

dower.     5-230;   7-354. 
Adverse    possession    against    husband    as 

bar  to  wife's  dower.     9-149. 
Bankruptcy  as   affecting  dower  rights   of 

bankrupt's  wife.     19-1087. 
Divorce    as   barring   dower.     1914B-665. 
Estoppel     to     claim     dower     by     silence. 

1912B-96. 
Foreign    divorce,    effect    on    dower   rights. 

1913E-555. 
Joinder  of  wife  in  husband's  deed  of  his 

land    as    estoppel    to    set    up    dower 

rights.     1916A-800. 

Tax  sale  as  defeating  inchoate  right  of 
dower.     19-977;    1914C-115. 

5.  Lieu  of  Dower. 

Annuity*  in  lieu,  right  of  apportionment. 
21-315. 

Election  between  dower  and  other  inter- 
est, effect  of  death  of  widow  with- 
in time  for  making.     5-82. 

Gross  sum  agreed  to  be  accepted  in  settle- 
ment of  dower  right,  effect  of  death 
of  widow  prior  t»  receipt  by  her. 
1914D-554. 

Legacy  accepted  by  widow  in  lieu,  abate- 
ment.    2-976. 

DRAFTS. 

See  Banks;  Bills  and  Xotes. 


DRAINAGE. 

1.  In  General, 

2.  Drainage  Districts, 

3.  Special    Assessments. 

4.  Municipal  Powers  and  Liabilities. 


DRAINAGE — Continued, 

1.    In  General. 

Covenant  against  incumbrances,  existence 
of  public  sewer  through  land  as 
breach.     1916B-586. 

Easement  of  subterranean  drainage  as 
impliedly  reserved  where  conveyance 
makes  no  reference  to  drain.  1912C- 
856. 

Eminent  domain,  interest  acquired  in  land 
for  sewer  purposes  as  easement  or 
fee.     20-571;   1918A-809. 

— public  use,  drainage  of  land  as  con- 
stituting. 14-905;  20-272;  1912D- 
1004. 

Independent  contractor,  person  engaged 
in  construction  work.  19-25;  1918C- 
658, 

Inrerference  with  drainage  by  construc- 
tion of  railroad  on  right  of  way, 
liability  for  damages.     19-336. 

Natural  ponds  formed  by  surface  water 
drainage.    2-197;   11-1143;   1915C-971. 

Nuisance,  prescriptive  right  to  maintain 
ditch  or  culvert  constituting  public 
nuisance.     17-792. 

— running  of  statute  of  limitations 
against   action   for   damages.     10-185. 

"Plant,"  meaning  of  term  as  applied  to 
sewer   system.     1917A-321. 

Public  works,  sewers  as.     11-595. 

Sewage  disposal,  validity  of  statute  n 
ordinance     regulating.     1913D-61, 

Statutes,  effect  of  partial  invalidity  of 
statute  relating  to  drainage,  1914D- 
48. 

Waste,  digging  drain  in  meadow  or  arable 
land  as  waste.     1918D-547,  554. 

2.    Drainage  Districts. 

Alteration  or  extension  of  boundaries  of 
district.     19150-27. 

Collateral  attack  on  organization.     1915C- 

26,  40. 

Creation  of  district,  power  of  legislature. 
1915C-30. 

Dissolution    of    drainage    district.     1915C- 

30. 
Law   of    drainage    districts.     1915C-9. 

Quo  warranto  against  drainage  district. 
8-324. 


DRAMATIC  CRITICISM— DROWNING. 


287 


DRAINAGE — Continued. 

Keview    of    order    establishing    drainage 
district.     1915C-23. 

Torts,  liability  of  drainage  or  similar  dis- 
trict.    15-908;  21-958. 


S.    Special  Assessments. 

Drainage  ditch  assessment,  liability  to 
pay  as  between-  life  tenant  and  re- 
mainderman.    1914B-819. 

Sewer  assessment,  liability  to  pay  for 
constructing  sewer  as  between  life 
tenant  and  remainderman.  1914B- 
819. 

—property  subject  to  assessment.  1915D-« 
384. 


4.    Municipal  Powers  and  Liabilities. 

Attractive  nuisance  doctrine  as  applicable 
*  to  municipal  drain  or  sewer.     1915C- 
290. 

Cleaning  and  repairing  sewers,  liability 
of    municipality    for    failure.     13-470. 

Connection  of  premises  with  sewers, 
power  of  municipality  to  compel.  1- 
443. 

Construction  of  sewer  in  street  or  alley, 
right  of  abutting  owner  to  compensa- 
tion.    18-955. 

Defective  sewers  or  sewerage  system,  lia- 
bility of  municipality.   4-1089;  14-174; 

Extraterritorial  construction  of  drains  and 
sewers  as  within  corporate  powers  of 
municipality.     7-522. 

Bemoval,  construction  or  enlargement,  of 
sewers,  power  of  court  to  compel 
municipality.     1917E-308. 

Sewerage  commissioner  as  municipal  of- 
ficer.    1914D-1237. 

Statutes,  partial  invalidity  of  statute  re- 
lating to  municipal  drains  and  sewers, 
effect.     1916D-76. 

Steam  used  for  sewerage  purposes,  muni- 
cipal liability  for  damages  caused. 
6-177;   11-588;   1912B-450. 

Surface  water  from  highways,  right  of 
municipality  to  drain  upon  adjacent 
land.     6-990. 


DRAMATIC  CRITICISM. 

Libel    or    slander    by    means    of.     1912B- 

985. 


DRAMATIC   PRODUC- 
TIONS. 

Infringement  of  copyright.     14-433. 

DRAMSHOP. 

Social  club  distributing  liquor  to  members 
as  constituting  within  statute  regulat- 
ing liquor  traffic.     1912A-1089. 

DRAUGHTSMAN. 

Presumption  of  fraud  from  advantages  ac- 
cruing to  draughtsman  through  in- 
strument   drawn    by    himself.     1-812. 

DRAWBRIDGE. 

Municipal  liability  for  operation.     15-842. 

DREDGING. 

Land  under  water  held  by  private  owners, 
right  of  government  to  dredge 
through.     19-697;   1915A-234. 

DRINKING. 

Employee  stopping  work  for  purpose  of 
drinking  as  suspending  relation  of 
master  and  servant.  19130-946; 
1918A-1195. 

DRINKS. 

Food,  drinks  as  constituting  within  mean- 
ing of  Food  and  Drug  Acts.  1913E- 
1293. 

DRIVERS. 

See  Automobiles;  Vehicles. 

DROVER^S  PASS. 

Exemption    of    carrier    from    liability   for 

negligence,   validity   of  stipulation  in 

pass.     1914A-678. 
Liability   of    carrier   to   person   riding   on 

drover's   pass   or  in  charge   of   stock. 

6-799;    1917E-149. 

DROWNING. 

Accident  arising  out  of  and  in  course  of 
employment  within  Workmen's  Com- 
pensation Act.  1913C-5,  6,  7,  15,  19, 
23,  24;  1916B-1296,  1298,  1300,  1302; 
1918B-793,    803,    604. 


288    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


DRUGGISTS. 

Intoxicating  liquors,  burden  of  proof  of 
right  to  sell  as  registered  druggist  in 
prosecution  for  illegal  sale.  1913C— 
€37. 

— evidence  against  druggist,  right  to  use 
record  kept  by  him.     20-1182. 

— legality  of  sale  as  affected  by  element 
of  intent  or  good  faith.     1912D-1345. 

— prescriptions  for  liquor,  rights  and  lia- 
bilities   of    druggist.     1918E-920. 

— record  of  druggists'  liquor  sales,  right 
of  private  citizen  to  compel  dis- 
closure.    15-1019. 

—use  and  sale  of  liquor  by  druggists, 
validity  of  statute  regulating.  10- 
401. 

Itinerant  vendors  of  drugs,  statutory 
regulation.     10-401;  1913D-1242. 

Libel  or  slander,  imputation  of  ignorance 
or  incompetence  to  druggist  as  action- 
able.    20-482. 

Licenses,  effect  of  partial  invalidity  of' 
statute  relating  to.     1916D-57. 

Negligence  of  clerk,  liability  of  druggist. 
1915C-419. 

Patent  or  proprietary  medicine,  injury 
caused  by  use,  civil  liability  of  vendor 
or   manufacturer.     1914D-51. 

Poison,  construction  of  statute^  regulating 
sale.     20-491. 

— ^possession  by  other  than  dealer,  licensee, 
etc.,  validity  of  statute  prohibiting. 
1912C-792. 

Prescriptions,  error  in  filling,  liability  of 
druggist.     1912C-1219. 

— retention  of  prescriptions  filled  or  pre- 
sented to  be  filled,  right  of  druggist. 
4-519. 

Sale  by  mistake,  contnDutory  negligence 
of  injured  person,  his  servants  or 
agents  as  bar  to  action  for  damages. 
8-896. 

Statutory  regulation  of  druggists  or  phar- 
macists, validity.     10-399. 


DRUGLESS  HEALING. 

Special  regulation   of   druglesa   treatment 
of   disease.     1917B-798. 


DRUGS. 

See  Food  and  Drugs. 


Adulteration,  construction  of  federal  Pure 
Food  and  Drugs  Act  with  respect  to. 
1915A-48. 

Habitual  use  of  drugs  as  cruelty,  warrant- 
ing  divorce.     1918B-491. 

Negligent  preparation,  liability  to  third 
person.     1-756. 

Opium  or  other  narcotic,  validity  of  fed- 
eral regulation  of  manufacture,  sale 
or  possession.     1917D-856. 

Person  under  influence  of  drugs,  admis- 
sibility of  nonexpert  opinion.  1913B- 
108. 

Trademark  or  trad©  name  as  infringed  by 
similar    name.     1915B-334. 

Witnesses,  impeachment  by  proof  of  drug 
or    liquor    habit.     1918A-639.  , 


DRUMMERS. 

Baggage,  catalogues,  models,  photograph* 
and  samples  as  constituting.     21-732. 

Binding  contract  of  sale,  authority  to 
make.     1912B-356. 

Collection  of  accounts,  authority  of  travel- 
ing salesman  as  to.     7-650;  14-858. 

Exclusive  selling  territory,  measure  of 
damages  for  invasion  by  principal. 
1912C-1252. 

Innkeepers,  liability  with  respect  to  goods 
brought  to  hotel  for  sale  or  show. 
1913A-449. 

Service  of  process  on  agent  of  foreign 
corporation,  traveling  salesman  as 
"agent"     within     statute.     1914D-9S7. 

State  taxation  of  business  of  taking  orders 
for  foreign  goods  or  services  as  at- 
tempted regulation  of  interstate  com- 
merce.    2-701;    14-865;    1916B-496. 


DRUNKENNESS. 

Generally. 

Accident  insurance,  "under  the  influence 
of  intoxicants"  es  used  in  policy. 
13-516. 

Attorney's  intoxication  as  ground  for  new 
trial.     1913D-500. 


DUAL  CAPACITY  DOCTRINE— DUE. 


289 


DEUNKENNESS— Confmued. 

Benefit  insurance,  construction  of  restric- 
tion in  contract  as  to  use  of  intoxi- 
cants by  insured.     1918A-623. 

Carrier  of  passengers,  assault  by  intox- 
icated passenger  on  other  passenger, 
liability   of   carrier.     18-775. 

— intoxicated  passenger,  liability  of  car- 
rier  to.     5-72;    9-488. 

— protection  of  passengers  against  in- 
toxicated persons,  duty  of  carrier.  8— 
225;    1912C-1278. 

— statute  prohibiting  intoxication  on  pas- 
senger conveyance,  validity.  1913B— 
1061. 

Civil  Damage  Act,  contribution  to  in- 
toxication in  degree  or  time,  or 
formation  of  habit  as  creating  liabil- 
ity against  several  persons  under  act. 
21-395. 

Compulsory  commitment  of  inebriate  to 
institution  for  treatment,  construction 
and  validity  of  statute  providing  for. 
15-964;  1917E-359. 

Contempt  arising  from  intoxication  in 
presence    of    court.     1913B-282. 

Contracts  entered  into  by  intoxicated  per- 
son  as   void   or  voidable.     1918E-330. 

— intoxication  of  contracting  party  neces- 
sary to  invalidate  contract.  8-254; 
21-1109. 

H''     Contributory    negligence    as    affected    by 
~  intoxication.     19-1176;    1914D-114. 

Divorce,  drunkenness  as  ground.  1912C- 
655;   1918B-491. 

Evidence,  competency  of  witness  to  tes- 
tify to  temperance  or  intemperance 
of    another.     13-253. 

— nonexpert  testimony,  admissibility  to 
prove  intoxication.  10-788;  1917C- 
628. 

— presumption  of  temperance  or  sobriety. 
1918A-620. 

Intoxication  or  drunkenness,  what  is. 
1913E-1103. 

Juror,  drunkenness  as  ground  for  new 
trial.     1912A-1322. 

I  Libel  and  slander,  intoxication  as  justifi- 
cation or  mitigation  of  slander. 
1916E-064. 


Marriage  invalidated  by  intoxication,  de- 
gree   sufficient.     1913B-1242. 

Master  and  servant,  discharge  of  servant, 
intoxication  as  ground.     1916A-1019. 
Index  to  Notes — 19 


DRUNKENNUSS — Continued. 

— drunkenness  of  servant  as  affecting 
question   of  incompetency.     12-99. 

— fellow-servant,  evidence  of  general 
reputation  for  drunkenness  in  action 
by    servant    against    master.     18-929. 

Public  officer,  drunkenness  as  ground  for 
removal.     1912A-1289;  1917D-994. 

Witness,  "crime"  for  which  witness  may 
be  impeached,  drunkenness  as. 
1916A-276. 

— drunkenness  as  ground  for  impeaching 
one's  own  witness.     1914B-1123. 

— intoxication  at  time  of  events  concern- 
ing which  witness  testifies  as  ground 
for    impeachment.     16-368. 

— proof  of  liquor  habit  to  discredit  wit- 
ness.    1918A-639. 

Workmen's  compensation,  accident  due  to 
drunkenness  as  one  arising  out  of 
and  in  course  of  employment.  1913C- 
19. 

— ^intoxication  of  employee  as  precluding 
recovery  under  Workmen's  Compensa- 
tion Act.     1915B-997;  1918B-686. 

Efect  upon  Criminai  BesponsibUity. 

Assault  with  intent  to  kill,  intoxication 
as  defense.     18-530. 

Burglary,  intent  as  affected  by  intoxica- 
tion.    1913C-521. 

Confession  obtained  during  intoxication  as 
affecting  its  admissibility.  1916C- 
1168. 

Criminal  responsibility  of  person  mentally 
diseased  from  use  of  intoxicants. 
19-1169. 

Larceny,  intoxication  as  defense  in  pros- 
ecution.    6—636. 

Eobbery,  taking  property  when  drunk, 
as  bearing  on  intent  to  steal.  21- 
1140. 

DUAL  CAPACITY  DOCTRINE. 

See  Master  and  Servant. 


DUCES  TECUM. 

Sufficiency  of  description  of  documents  in 
subpoena  duces  tecum.     15-643. 


DUE. 

Legal   meaning   of    term.     1918E-756. 


290    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E'. 


DUE  AND  OWING. 

Legal  meaning  of  phrase.     1918E-782. 

DUE  AND  PAYABLE. 

Legal  meaning  of  phrase.     1918E-784. 


DUMB  PERSONS. 

See   Deaf   and   Dumb   Persons. 

DUMPINa-aROUNDS. 

Maintenance  by  municipality  as  imposing- 
liability  for  injuries  resulting.  11- 
189. 


DUE-BILLS. 

Clearing-house.     1914C-516. 

Limitation    of    action    on    due-bill, 
begins  to  run.     14-808. 


when 


DUPLICITY. 

Time  and  method  of  objecting  to  indict- 
ment on  ground  of  duplicity.  10- 
1004. 


DUE  DATE. 

Legal  meaning  of  term,     1918E-785. 

DUE  IN  FULL. 

Legal  meaning  of  phrase.     1918E-785, 


DUELING. 

Challenge  to  fight  duel,  what  constitutes. 
19-72. 

Cruel  and  unusual  punishment  for  chal- 
lenging   another    to    a    duel.     19-731. 

Life  insurance,  construction  of  provision 
in  policy  excepting  death  resulting 
from   duel.     1915B-549. 


DUE  PROCESS  OF  LAW. 

See    Constitutional   Law. 

Discretionary  power  conferred  by  statute, 
exercise  by  court  as  due  process  of 
law.     2-317. 

Eminent  domain,  depriving  public  prop- 
erty of  use  for  which  intended  as 
taking  without  due  process.  1915B- 
1139. 

Insane  persons,  due  process  of  law  in 
commitment.  1-733;  13-877;  1913C- 
323. 

Railroads,  statute  imposing  absolute  lia- 
bility for  damage  by  fire  as  contra- 
vening constitutional  guaranty.  16- 
942. 

DUES. 

See  Beneficial  Associations;  Societies  and 
Clubs. 


DURATION  OF  LIFE. 

Mortality  tables  to  show  probable  dura- 
tion as  admissible  in  action  for  death 
by    wrongful    act.     1918A-1021. 


DURESS. 

Annulment  of  marriage,  duress  as  ground 
for    annulment.     20-1375. 

Contract  induced  by  threats  of  criminal 
prosecution  against  friend,  or  relative 
other  than  parent,  child,  or  spouse, 
validity    and    effect.     1917C-1033. 

— parent  or  child,  validity  of  contract  in- 
duced by  threat  of  criminal  prosecu- 
tion against  other.     1917C-1026. 

— ratification  of  contract  voidable  for 
duress.     1913E-438. 

I — wife's  contract  induced  by  threats  of 
criminal  prosecution  against  husband, 
validity  and  effect.     11-385. 

Criminal  law,  duress  as  defense  to  charge 
of  crime,  burden  of  proof.  1912B- 
lllL 

Demand  for  receipt  in  full  as  condition 
of  payment  of  part  of  debt  as  duress 
avoiding   receipt.     8-880. 

Husband  and  wife,  threat  of  abandon- 
ment by  spouse  as  constituting  duress. 
1917A-174. 

Internal  revenue  tax,  necessity  of  duress 
to  entitle  to  recovery  of  payment. 
1916A-299. 

Landlord  and  tenant,  effect  of  duress  r,s 
avoiding  estoppel  of  tenant  in  pos- 
session to  dispute  landlord's  title.  4- 
110. 

Marriage  under  threat  of  prosecution  for 
seduction  as  made  under  duress.  14- 
869. 


DUST— DYING  DECLARATIONS. 


291 


) 
i 


DURESS — Continued. 

Murder,  duress  as  defense  to  prosecution. 
3-1028. 

Payment  to  prevent  apprehended  injury 
to  business  as  payment  under  duress. 
2-825;   1918B-516. 

—recovery  of  money  paid  under  coercion 
of  threats  to  begin  criminal  prosecu- 
tion.    3-107. 

—under  duress  of  personalty  as  compul- 
sory   payment.     1913A-1354. 

Preliminary  examination,  waiver  as  af- 
fected by   duress.     1917E-183. 

Eeplevin,  right  to  show  duress  under  gen- 
eral  denial.     20-300. 

Suretyship,  duress  of  principal  to  con- 
tract es  affecting  surety's  right  to 
avoid  contract.     1913D-1191. 


DUST. 

Dust  as  nuisance,  running  of  statute  of 
limitations  against  action  for  dam- 
ages.    10-186. 


DUTY. 

Mandamus  to  compel  performance  of  con- 
tinuing   duty.     4-198;    20-220. 

Negligent  or  wilful  omission  of  duty 
causing  death  as  manslaughter.  13- 
42:    1914A-^57. 


DWELLINGS. 

Burglary,  suflSciency  of  description  in  in- 
dictment.    1913D-868. 

Covenant  in  deed  restricting  use  of  prem- 
ises to  dwelling-house,  construction  as 
applied  to  various  buildings.  1912D- 
477;   1915A-419. 

Fire  insurance,  construction  of  clause 
"unoccupied  or  occupied"  in  policy. 
1912D-84. 

"Near      dwelling," 
1913D-124. 


meaning      of      term. 


Unfinished     dwelling      as 
within   law    of   arson. 


DYES. 


dwelling-house 
15-347. 


Trademark  or  trade  name  es  infringed  by 
similar   name.     1915B-340. 


DYING  DECLARATIONS. 

Acts  or  signs  instead  of  words,  fact 
that  dying  declaration  is  so  made  as 
affecting  its  admissibility.  19I2B- 
231. 

Admissibility  of  dying  declaration  on  be- 
half  of   defendant.     1918C-425. 

Declarant's  death  under  inquiry  as  only 
ground  for  admissibility  of  his  dying 
declaration.  1913C-412;  1917A-612; 
1918C-581. 

Exceptions  to  rule  that  dying  declara- 
tions are  admissible  only  in  prosecu- 
tions for  homicide.     6-69;  1915D-215. 

Exclusion  of  jury  during  argument  rel- 
ative to  admissibility.     20-1143. 

Impeachment  of  dying  declaration  by 
proof  of  contradictory  statements. 
7-885;    20-887. 

Impending  death,  expectation  of  "imme- 
diate" death,  necessity  to  render  dy- 
ing    declaration     admissible.     17-287. 

•^expression  of  desire  for  consolation  of 
religion  as  proof  of  belief  that  death 
is   impending.     13-238. 

— inference  from  wound  or  state  of  illness 
that  declarant  was  sensible  of  im- 
pending 'death  as  rendering  declara- 
tion admissible.     1912C-85. 

Malice  or  desire  for  revenge  on  part  of 
declarant  as  affecting  admissibility. 
1917A-1247. 

Opinion  of  declarant,  admissibility  as 
dying  declaration.     1913E-228. 

Provocation  for  defendant's  act,  admissi- 
bility as  dying  declaration  of  state- 
ment respecting.     1912C-429. 

Question  of  law  or  fact,  admissibility  of 
dying  declaration  determinable  as. 
8-539. 

Eeligious  belief  of  declarant,  want  of  as 
affecting  admissibility  or  weight  of 
declaration.     16-148. 

Signs  instead  of  words,  admissibility  as 
dying  declaration.     1912B-231. 

Transaction  occurring  prior  to  homicide, 
admissibility  of-  statement  as  dying 
declaration.     21-152. 

Weight,  whether  entitled  to  same  as  state- 
ment   made    under    oath.     1914C-222. 


292     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 

DYNAMITE  dynamite — continued. 

Malicious   prosecution   for   dynamiting   as  Storage  as  nuisance.     1916C-822. 

statutory  offense,  excessiveness  of  ver-  — injunction  to  restrain  storage  or  keeping, 

diet.     1916C-273.  -^         14^594. 


E 


EACH. 

Meaning  as  nsed  in  will.    1914D-247. 

EARNING  CAPACITY. 

Habits  or  phj-sical  condition  of  deceased 
as  admissible  in  evidence  in  action  for 
death  by  wrongful  act  as  affecting 
earning  capacity.  1912C-266;  1916E- 
652. 

Injuries  impairing,  excessiveness  or  ade- 
quacy of  verdict.  16-49;  1913A-1382; 
1916B-406. 

Judicial  notice  of  loss  through  personal 
injury.     1916B-337. 

Railroad,  valuation  for  purpose  of  tax- 
ation, earning  capacity  as  element. 
1916E-1182. 

Workmen's  compensation,  compensation  as 
dependent  on  loss  of  earning  capacity. 
1917E-156. 


EARNINGS. 

Corporation,  insufficiency  as  ground  for 
suit  by  minority  stockholders  to  wind 
up  corporation.     I918E-426. 

IjOSs  of  earnings  by  wife  due  to  personal 
injury,  right  to  recover  damages  for. 
4-205. 

Minor  child,  earnings  as  element  of  re- 
covery of  damages  by  parent  for 
death  by  wrongful  act.  19120-62; 
1916B-534. 

Public  officer  wrongfully  excluded  from 
office,  right  to  deduct  earnings  from 
salary  due.     1912D-897. 

Workmen's  compensation,  what  included  in 
term  "earnings."  1913D-1026;  191SB- 
642. 

EARS. 

Excessiveness  or  inadequacy  of  verdict  for 
injury   to   ears.     16-40;    1916B-406. 


EARTH. 


Dumping  dirt,  rock  or  stones  on  land  as 
making  them  part  thereof.  1914C- 
1154. 

Highways,  rights  of  abutting  owner  to 
earth,  in  highway.     2-596;   11-445. 


EARTH  CLOSETS. 

Validity  of  statute  or  ordinance  regulat- 
ing out-of-door  closets  or  privies. 
1916D-212. 


EARTHQUAKES. 

Fire  insurance  policy  excepting  losa 
caused  by,  construction  of  clause. 
17-1097. 


EASEMENTS. 

Generally. 

Covenant  against  incumbrances  as 
breached  by  existence  of  easement. 
1912D-1119;  1913I>-440;  1914D-1011; 
1916B-586. 

— warranty,  existence  of  easement  as 
breach  of  covenant.  1912C-650; 
19160-1198. 

Easement  appurtenant,  conveyance  con- 
taining no  reference  to  appurtenances 
as  passing  easement  appurtenant. 
20-1212. 

— way  as  appurtenant  to  close  at  which  it 
neither  begins  nor  ends.     3-643, 

Eminent  domain,  interest  in  land  acquired 
by  condemnation  proceedings  as  ease- 
ment  or  fee.     20-568;    1918A-806. 

— private  right  of  way,  right  to  compen- 
sation for  taking.     19-681. 

— telegraph  and  telephone  companies, 
power  to  condemn  railroad  right  of 
way  under  statute.     1917B-689. 


EASEMENTS. 


293 


EASEMENTS — Continued. 

Evidence  to  establish  existence  of  private 
right  of  way,  admissibility  of  reputa- 
tion.    1912A-847. 

Exception  and  reservation  of  right  of  way, 
distinction  between.     18-801. 

Extinguishment,  sale  of  land  for  taxes  as 
extinguishing  private  easement. 
1916C-638. 

Frauds,  statute  of,  transfer  of  railroad 
right  of  way  across  land  as  within 
statute.     1912D-981. 

Ice,  grant  of  right  to  take  from  another's 
premises,  nature  and  effect  of  grant. 
1917D-93. 

— right  to  harvest  ice  as  between  person 
having  right  of  flowage  and  riparian 
proprietor.     1917C-782. 

— Bubterranean  drainage,  implied  reser- 
vation where  conveyance  makes  no 
reference  to  drain.     1912C-856. 

Implied  easement  of  right  of  way,  neces- 
sity as  essential  to  creation.  1913C- 
1112. 

Landlord  and  tenant,  constructive  evic- 
tion, deprivation  of  easement  as  con- 
stituting.    7-599. 

— right  of  way  as  passing  to  lessee  under 
general  demise  of  premises.     19-1202. 

Light,  extinguishment  of  easement  of  light 
by  merger  of  estates.     12-303. 

—'measure  of  damages  for  obstruction  of 
ancient   light.     1913A-741. 

Location,  equity  jurisidiction  to  locate 
way  by  necessity.     1916A-146. 

— indefinite  right  of  way,  location  by  par- 
ties interested.     1-681. 

— ^practical  location  granted  in  general 
terms.     7-853. 

"Necessary,"  meaning  of  term  as  applied 
to  easement.     1918D-931. 

Prescription,  party-wall,  creation  and  ex- 
tent of  easement  in  by  prescription. 
11-629. 

— use  of  easement  founded  upon  void  parol 
grant  as  acquisition  of  prescriptive 
title.     13-925. 

Eailroad  right  of  way,  acquisition  of  title 
to  land  within  by  adverse  possession 
Or  prescription.     1916D-1186. 

— estate  or  interest  acquired  by  railroad 
in  land  purchased  for  right  of  way. 
6-242;  13-432;  1916E-763. 


EASEMENTS — Continued. 

— land  owner's  right  of  way  over  railroad 
right  of  way  granted  by  him,  1915C- 
1192;  1917A-50O. 

— telegraph  company,  interest  acquired  in 
railroad  right  of  way,  compensation 
for.     1-741. 

Eestriction  of  easement  to  use  connected 
with     dominant     estate.     1917A-1250. 

Tenancy  in  common,  validity  of  grant  of 
easement  by  one  tenant.  13-307; 
1913A-227;   1918C-92, 

Trespass  ripening  into  easement  from 
continuing  and  repeated  use,  injunc- 
tion to  restrain.     15-1237. 

Turnpike  corporation  holding  easement, 
title  as  affected  by  expiration  of  fran- 
chise.    13-665. 


BigTits  and  Lldbilities  of  Parties. 

Ctange  in  condition  of  dominant  estate, 
effect  on  easement  of  right  of  way. 
1914C-474. 

Ejectment  to  recover  land  subject  to  ease- 
ment.    1-863;    17-734. 

Entry  under  or  obstruction  of  right  of 
way,  liability  of  third  person  to  land- 
lord.    1912r)-124. 

Excessive  use  of  easement  right  to  dam- 
ages.    1-864. 

Execution  sale,  liability  of  easement.  5- 
513. 

Forcible  entry  and  detainer,  recovery  of 
easement  by  action  of.     9-1177, 

Forfeiture      of      easement      for      misuse. 

1917A-1018. 
— ^nonuse  of  easement  of  right  of  way  as 

ground  for  forfeiture.     1917D-595. 

Gates  at  ends  of  way  acquired  by  pre- 
scription, right  of  servient  owner  to 
erect  or  maintain,     1914D-770. 

Eepair  and  protection,  duty  as  resting  on 
owner  of  dominant  or  servient  estate. 
14-1138. 

Support  of  building,  interference  with 
easement,  liability  of  land  owner  ex- 
cavating on  his  own  premises  for  re- 
sulting injury  to  adjoining  building. 
21-24. 

Vendor's  lien,  easement  as  subject  to. 
21-952. 


294    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


EATING. 

Employee  stopping  work  temporarily  to 
eat,  effect  on  relation  of  master  and 
servant.     1913C-943;  1918A-1194. 

Workmen's  compensation,  injury  to  em- 
ployee during  lunch  hour  as  accident 
in  course  of  employment.     1918B-816. 


EAVES. 

Encroachment  by  overhanging  eaves,  rem- 
edy of  owner  of  land  against.    4-343. 


EAVESDROPPING. 

Incriminating  statements  overheard  by 
officer  as  admissible  as  confession. 
15-276. 


EBB  AND  FLOW. 

Meaning     of    "ordinary"     as     applied     to 
high   and  low   water   mark.     17-149. 


ECCLESIASTICAL. 
TRIBUNAL. 

Decisions  with  reference  to  consolidation 
or  reunion  of  churches  as  reviewable 
by  civil  courts.     19-289. 

EDITORS. 

Liability  for  libel  for  publication  in  news- 
paper or  periodical.     7-457. 

EDUCATION. 

See    Colleges    and   Universities;    Schools. 

Appropriation  in  aid  of  educational  in- 
stitution as  within  constitutional  pro- 
vision against  giving  or  loaning  of 
money  or  credit  of  state  or  munici- 
pality.    1913C-1234. 

Infants'  contract  for  instruction  as  con- 
tract for  necessaries.     8-131;   20-593. 

Loss  of  education  by  child  as  element  of 
damages  recoverable  for  death  of 
father  by  wrongful  act.     16-932. 


EFFECTS. 

Testamentary  gift  of  "effects"  as  including 
realty.     7-128. 


EGGS. 

Eegulation  of  sale,  validity  and  construc- 
tion of  statute  or  ordinance.  1918A- 
181. 

EIGHT-HOUR  DAY. 

See  Labor  Laws. 


EJECTION  OF  PASSEN- 
GERS. 

Duty  of  passenger  to  pay  fare  second 
time    to    avoid    ejection.     1913B-1209. 

Injury  to  passenger  resulting  from  ejec- 
tion of  other  passenger,  liability  of 
carrier".     1914B-867. 

Place  where  carrier  may  eject  passenger 
from  train.     1912C-488. 

Eefusal  of  passenger  to  pay  extra  fare 
where  no  opportunity  to  buy  ticket 
was  presented,  right  of  railroad  to 
eject.     3-887. 

— right  of  railroad  company  to  eject  where 
sufficient  opportunity  to  buy  ticket 
was    presented.     10-923;    1913A-1198. 

Ticket  invalid  through  fault  of  carrier, 
right  to  eject  passenger  holding.  9- 
889;  1912C-730. 


EJECTMENT. 

1.  Eight  to  Maintain  Action. 

2.  Actions  and.  Proceedings. 

1.  Right  to   Maintain  Action. 

Adverse  possession  right  of  grantee  of 
land  held  in  adverse  possession  to  sue 
to  recover  from  adverse  holder. 
1915D-527. 

Easement,  recovery  in  ejectment  of  land 
subject  to.     1-863;   17-734. 

Execution  sale  of  land  conveyed  in  fraud 
of  creditors,  right  of  purchaser  to 
recover  possession  in  action  of  eject- 
ment.    1914C-975. 

Incompetent  person,  avoidance  of  deed  in 
action  of  ejectment.  14-507;  1915D- 
1025. 

Personal  representative's  right  to  bring 
ejectment  for  lands  of  deceased,  lo- 
569. 

Public  lands  ejectment  pending  final  deter- 
mination between  conflicting  claim- 
ants.    12-33. 


EJUSDEM  GENERIS— ELECTION  OFFICERS. 


295 


> 


EJECTMENT— Continued.  « 

Eemainderman    and   life   tenant,    rigM   to 

join  in  action.     1912C-241. 
Telegraphs    and    telephones    unauthorized 

stringing    of    wires    above    premises, 

remedy   of  land   owner  by  action   of 

ejectment.     9-860. 
Tenant  in  common  against  stranger,  right 

to  recover  entire  premises.     5-824;  7— 

999;  1915D-1043. 

Title  of  parties  derived  from  common 
source,  right  of  one  to  assert  par- 
amount title  as  against  other  in  action 
of   ejectment.     16-652. 

— when  must  exist  in  plaintiff  to  support 
suit.     7-1125. 

Vendor  and  purchaser,  breach  of  condition 
subsequent  in  deed,  right  of  grantor 
to  maintain  ejectment.     14-1017.. 

— vendee  not  in  default,  right  of  vendor 
to  maintain  action  of  ejectment.  fO- 
353. 

2.  Actions  and  Proceedings. 

Damages,  interest  on  value  of  premises 
during  period  of  detention,  right  of 
plaintiff  to  recover  as  damages.  16- 
853. 

Estoppel,  necessity  of  pleading  specially 
in  action  to  recover  real  property. 
1914C-1137, 

Inconsistent  defenses  in  action  of  eject- 
ment.    1917C-731. 

Judgment,  time  as  of  which  judgment 
speaks.     13-1092. 

Landlord  and  tenant,  action  against  land- 
lord without  joining  tenant,  right  to 
maintain.     12-531. 

— estoppel  of  tenant  to  deny  landlord's 
title  in  action  of  ejectment.  1912D- 
102. 

— ^judgment  in  ejectment  against  tenant, 
effect  on  landlord's  title  to  land.  5- 
61;   19-263. 

Limitation  of  action,  necessity  that  de- 
fendant plead  statute.     21-1244. 

New  trial,  statutory  right  in  ejectment. 
1914C-735;  1916E-556. 

Oral  contract  for  purchase  of  land  as 
defense  to  action  of  ejectment. 
1912A-566. 

Servant  or  agent  in  actual  possession  of 
premises,  right  to  maintain  action 
against.     1913C-356. 

Venue,  right  to  change  place  of  trial. 
1912B-534. 


EJUSDEM  GENERia 

Inapplicability  in  construction  of  statute, 
when.     1914C-305. 

Eule    as    applied   to    Workmen's    Compen- 
sation Act.     19173>-7,  38,  39. 


ELECTION. 

Insurance,  election  to  avoid  contract  for 
breach  of  warranty,  necessity  of 
pleading  election  as  defense  to  suit 
on   policy.     14^91. 

:r-repairing  or  rebuilding  after  fire  loss, 
election  of  insurer  as  creating  new 
cause  of  action  in  favor  of  insured. 
16-105. 

Intoxicating  liquors,  righ.t  of  accused  to 
compel  election  between  several  acts 
of   violation   of   liquor  law.     20-1070. 

Wills,  conduct  of  widow  as  executrix  aa 
amounting  to  election.     4-1038;  6-336. 

— death  of  widow  within  time  for  making 
election  between  dower  and  other  in- 
'       terest,    effect.     5-82. 

— effect  in  another  jurisdiction  of  election 
made  with  respect  to  will.    19^14A-446. 

— exercise  of  right  of  equitable  election 
by  another,  right  to  control  manner 
thereof.     10-828. 

— husband's  election  to  take  under  wife's 
will,  sufficiency  of  acts  to  constitute. 
1916C-1204. 

— ^parol  evidence  as  admissible  to  deter- 
mine necessity.     1915B-55,  76. 

:r— personal  representative  of  husband, 
light  to  exercise  right  of  election 
under  wife's  will.     1912B-529. 

• — renunciation  of  will  by  widow,  effect  on 
rights  of  other  legatees  or  devisees. 
1913E-416;  1917A-910. 

— widow's  election  to  take  under  will  as 
affecting  her  right  to  intestate  prop- 
erty.    1918B-986. 

Workmen's  compensation,  acceptance  of 
act,  right  to  and  effect.  1915C-308; 
1918B-715. 


ELECTION  OFFICERS. 

Carrying    concealed    weapons,    exemption 
from  statute  against.     1914A-256. 

Election  commissioner  as  municipal  officer. 
1914D-1233. 


296     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


ELECTION   OF   REMEDIES.      ELECTIONS-Continued. 


Conditional  sales  of  property,  election  of 
remedies  on  breach.  1-268;  16-1057; 
1917D-464. 

Employer's  liability,  necessity  of  election 
between  federal  act  and  state  statute 
or  common  law..   1917A-1270. 

Inconsistency  of  remedies  as  essential  to 
application   of    doctrine.     6-212. 

Law  and  equity,  election  as  between. 
1914B-1218. 

Mistaken  remedy,  pursuit  as  election.  5— 
962. 

Prosecution  of  first  remedy,  doctrine  of 
election  of  remedies  as  defense. 
1913D-1199. 

Waiving  tort  and  suing  in  assumpsit. 
1913D-228. 


ELECTIONS. 

1.  In  (xeneral. 

2.  Constitutional     and     Statutory     Pro- 

visions. 

3.  Court  Control, 

4.  Qualification  of  Voters. 

5.  Notice  of  Elections. 

6.  Noirlnation  of  Candidates. 

7.  Conduct  of  Election. 

8.  Result  of  Election. 

9.  Contested  Elections. 

10.  Oflfenses  Against  Election  Law. 

1.    In  General. 

"Any  election,"  legal  meaning  of  term. 
1916E-38, 

Candidates  for  office,  who  are.     12-109. 

Date  of  election  for  constitutional  and 
statutory  officers,  effect  of  statute 
postponing  election  as  extension  of 
term   of  office.     13-161, 

Drainage  districts,  provisions  for.  1915C- 
21,  47. 

Election  commissioner  as  municipal  officer. 
1914D-1232. 

Freeholder,  as  applied  to  voter  or  candi- 
date.    1913D-333. 

Influencing  election,  validity  of  contract 
designed  to   influence.     1917C-350. 


Legislative  investigating  committee, 
powers  with  respect  to  elections. 
1916B-1057,  1110. 

Libel  and  slander,  loss  of  election  as 
element  of  damages.     1918B-112d. 

Local  option  election,  judicial  notice  of. 
18-191;  1915C-333. 

Municipal  corporation,  power  to  elect  of- 
ficers in  method  other  than  that  pre- 
sented by  general  laws.     1915B-126. 

"Next  regular  election,"  "next  general 
election,"  "next  city  election,"  "next 
election  by  the  people,"  "next  elec- 
tion," "ensuing  general  election," 
"first  proper  election,"  meaning  of 
terms.     10-1140. 

Eecall  of  public  officer.     1916A-1165. 

Eight  to  vote,  civil  liability  for  prevent- 
ing exercise  of  suffrage.     20-1008. 

— measure  of  damages  for  preventing  ex 
ercise    of.     21-1355. 

School  elections,  power  of  legislature  to 
define  qualifications  of  voters.     7-666. 

"Similar,"  meaning  of  word  in  election 
law.     18-794. 


2.    Constitutional    and    Statutory    Provi- 
sions. 

Advertising  with  respect  to  political  can- 
didacy, statute  prohibiting.  1916A- 
907. 

Australian  ballot  laws,  validity  and  effect. 

4-144;   6-970. 
Ballots  to  be  numbered,  validity  and  effect 

of  statutes  requiring.     6-969. 

Campaign  expenditures,  statute  limiting 
as  violating  constitutional  liberty  of 
speech    and    press.     1915B-1186. 

Candidates,  name  not  on  official  ballot, 
validity  of  statute  providing  against 
voting"  for.     1913D-614. 

Classification  of  municipalities  according 
to  differences  in  population,  validity 
of  election  statute.     15-861. 

Criticism  of  candidates  for  office,  statute 
forbidding  as  ifffringfng  constitu- 
tional liberty  of  speech  and  press. 
191oB-1185. 

Defective  election,  validity  of  statute  le- 
galizing.    1914B^61. 

Election  expenses  of  candidate  at  primary 
or  other  election,  validity  and  contruc- 


ELECTIONS. 


297 


ELECTIONS— Continued. 

tion   of    statute    requiring    statement 
filed.     1915A-366. 
— contribution  by  person  other  than   can- 
didate,   validity    and    construction    of 
statute  regulating.     1918E-173. 

Initiative  or  referendum  provision  in  con- 
stitution or  statute  with  reference  to 
elections,  construction.  1916B-831, 
860. 

Nonpartisan  ballot  law,  validity.  1915C- 
504. 

Partial  invalidity  of  statutes  relating  to 
elections,  effect.     1916D-50,  171. 

Preferential  system  of  voting,  validity 
and  construction  of  statute  providing. 
1917C-482. 

Primary  elections,  constitutional  or  statu- 
tory provisions  relating  to  elections 
as  applicable.  2-251;  16-251;  1913A- 
702;    191SE-79. 

— validity  of  statutes.  5-568;  12-73; 
1916B-594. 

Eegistration  of  voters,  validity  of  statute 
providing.     1913B-17. 

Separate  ballot  for  particular  officer,  valid- 
ity of  statute  providing  for.  1913E- 
775. 

Time  for  holding  election,  statutory  pro- 
vision as  directory  or  mandatory. 
1913E-371. 

Women,  statute  giving  right  to  vote,  valid- 
ity.    1915A-802. 

— suffrage  for  women,  validity  of  muni- 
cipal authorization.     1918C-906. 


3.    Court  Control. 

Court  interference  with  part^  government 
or  nominations.     21-296. 

Injunction,  power  of  courts  of  equity  to 
enjoin  election,  9-123;  1912A-723; 
1918E-1153. 

Political  rights,  jurisdiction  of  equity  to 
protect.     10-796;    1915C-989. 

Prohibition,  issuance  against  council  or  ex- 
ecutive officer  of  municipal  corpora- 
tion to  prevent  calling  of  election. 
20-962. 


4.    Qualification   of  Voters. 

Conviction  of  crime  denying  right  to  vote 
to  convicted  person,  what  constitutes 


ELECTIONS— Continued. 

within    constitutional    provision. 
103. 


15- 


Power  of  legislature  to  define  qualifica- 
tions of  voters.     7-665. 

Registration  or  enrolment,  change  by 
voter.     1917A-1278. 

Eesidence  of  voters  as  synonymous  with 
domicile.     1915C-792,  804. 

— school  or  public  institution,  right  to  vote 
as  affected  by  residence  at.  1917C- 
403. 

Soldier  or  sailor  in  actual  service,  right 
to   vote.     1917B-485. 

Women,  fact  that  woman  is  entitled  to 
vote  at  municipal  elections,  etc.,  as 
constituting    her    elector.     1912C-974. 

—validity  of  statute  giving  women  right 
to  vote.     1915A-802. 


5.    Notice  of  Election. 

"About,"  meaning  with  reference  to  desig- 
nation   of    number    of    inhabitants    in 

notice  of  election.     1918D-706. 

\ 
Bond    issue    election    notice,    necessity    of 
compliance     with     statutory     require- 
ments  as  to   notice   of   election.     18- 
1137. 

Primary  election,  effect  of  failure  to  give 
notice  of  vacancy  to  be  filled.  1914C- 
598. 

Vacancy  to  be  filled  at  election,  effect 
of  failure  to  give  notice  of.  1914C- 
595. 


6.    Nomination  of  Candidates. 

Certificate  of  nomination,  filing,  delivery 
to  officer  when  not  at  office  as  "filing" 
thereof.     18-252. 

— signature  by  one  person  of  plural  certifi- 
cates of  nomination  for  same  office, 
effect.     1914C-893. 

— time  of  filing  certificate,  construction  of 
provision  in  election  or  primary  law 
with  respect  to.     1914A-1135. 

Irregular  or  fraudulent  nomination  as  in- 
validating election.     7-839. 

Withdrawal  of  candidacy  for  public  office. 
191SE-362. 


298    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  AN^.  CAS.  1918E. 


ELECTIONS— Continued. 

7.    Conduct  of  Election. 
Assistance  of  voter.     1912B-109. 

Closing  polls,  validity  of  ballot  east  after 
time  therefor.  1913B-166;  1916E- 
1006. 

Irregularity,  effect  on  ballots  cast  at  elec- 
tion of  oflScial  irregularity.  12-722 j 
1912A-171;  1915A-1008. 

Marking  ballot,  kind  of  mark  for  candi- 
date as  affecting  validity  of  ballot. 
1918A-1131,  1160,  1165. 

—place  of  marking  for  candidate,  validity 
of  ballot  with  respect  to.  20-672; 
1912E-657. 

Names  of  candidates,  number  of  times 
name  may  appear  on  official  ballot. 
3-796;  4-145;  1913B-177. 

Officers  less  than  required  number  to  con- 
duct election,  validity  of  election. 
1912D-149. 

Place  of  holding,  effect  of  holding  election 
at  other  than  regularly  appointed 
place.     17-1090;    19141>-o50. 

—"near,"  meaning  of  word  as  applied  to 
location  of  place  of  holding  election. 
I913D-121. 

—one  voting  place  for  whole  municipality 
instead  of  by  wards  and  precincts,  va- 
lidity of  election  held.  1915C-648; 
1916C-398. 

Polling  place,  arrangement  of  voting  rooms 
or  booths,  effect  of  failure  to  comply 
with  statute.     1916E-917. 

Propositions  submitted  to  voters  of  munici- 
pality, necessity  of  stating  singly. 
2-369;  12-851;  1912D-319. 

Eejection  of  votes  offered,  power  of  elec- 
tion officers  with  respect  to.  1913D- 
1245. 

Voting  machines,  use  at  elections.  2-840; 
5-864;    9-275;    12-474. 


8.    Eesult  of  Election. 

Blank  ballots  cast,  effect.  3-70;  1916B- 
121. 

Canvass  of  votes,  irregular  canvass  of  re- 
turns,  effect   on   election.     1916A-710. 

Majority  or  other  proportion  of  votes,  con- 
struction of  constitution  or  statutory 
requirement  that  proposition  be  de- 
cided by.     13-416;  1912D-949. 


ELECTIONS— Continued. 

Minority  candidate,  right  to  office  for 
which  ineligible  or  deceased  candidate 
received  highest  number  of  votes.  2- 
485;    11-118;    1915B-518;    1918B-983. 

Private  person,  right  by  mandamus  to  en- 
force public  right  or  duty  relating  to 
election.     11-419. 

Eecanvass  of  votes,  mandamus  to  compel 
board  of  canvassers  to  reassemble  for 
purpose.     2-553;  1912C-1257. 

^necessity  of  preliminary  evidence  to  im- 
peach returns  before  court  will  order 
recount   of    votes   cast.     1915A-685. 

Registration,  failure  to  comply  with  law, 
effect  on  validity  of  votes  cast. 
1916E-408. 

Rejection  of  entire  vote  of  district  for  ir- 
regularity affecting  indeterminable 
number  of  votes.     1918A-41,  69,  73. 

Tie  vote  in  election.     17-574. 
— primary    election,    effect    of    tie    vote. 
1913E-745. 

Wrongfully  depriving  electors  of  right  to 
vote,  effect  on  election.     1917E-475. 


9.     Contested  Elections. 

Death  of  contestant  before  judgment, 
effect.     1913D-1291. 

Discontinuance  or  withdrawal  from  con- 
test, right  of  plaintiff  or  one  or  more 
of  several  plaintiffs.     1913B-215. 

£quity  jurisdiction  of  election  contests. 
1912C-691. 

Estoppel  of  voter  to  question  validity  of 
election      by      participating      therein. 

13-1136. 
I. 
Evidence,  ballots  as  admissible  to  impeach 

election    returns.     1912B-682;    1916B- 

490. 
—circumstantial     evidence     to    prove     for 

whom  illegal   ballots   were   cast,   com- 
petency.    19120-522, 
• — declaration  of  voter  as  to  how  he  voted, 

admissibility  in  evidence.     15-243. 
— intention     of     voter,     admissibility     of 

voter's  testimony.     1912A-296. 
—testimony  as  to  how  illegal  voter  voted 

et    election,    right    to    compel    him    to 

give.     1912A-728. 

Injunction  against  incumbent  performing 
duties  of  office  pending  contest,  right 
of  contestant.     16-1052. 


ELECTRIC  BELLS— ELE'CTRICITY. 


299 


ELECTIONS— Continued. 

Jury    trial,    right    to   in    election    contest. 
1913C-161. 

Eesignation  of  contestee  as  defense  to  pro- 
ceedings.    1912D-265. 

Statutory  remedy  for  contest  of  election 
as   exclusive.     1913E-982;    1914D-274. 


10.    Offenses  Against  Election  Laws. 

Bribery  by  candidate,  promise  to  do  certain 
things  after  election  es  constituting 
bribery  of  electors.  11-566  j  1918 A- 
888. 

Electioneeriitg  near  polls,  criminal  liability. 
1-145. 

"Knowingly"  voting  or  registering  ille- 
gally.    1912A-436. 

Officer  disclosing  contents  of  ballot,  crimi- 
nal liability.     1912C-515. 

ELECTRIC  BELLS. 

Presence  of  electric  bell  at  railroad  cross- 
ing as  excusing  traveler  from  looking 
and  listening.     1918D-388. 


ELECTRIC  CARS. 

Evidence   of   ownership,  name  on  car  as. 
191oD-353. 

ELECTRIC  COMPANIES. 

See  Electricity. 

ELECTRICIANS. 

state  or  municipal  regulation.     1916E-694. 


ELECTRICITY. 

1.  In  General 

2.  Electric  Companies. 

A.  Construction    op   Lines. 

B,  Eates  and  Service. 
S.  Injuries  from  Operation, 

1.    In  General. 

Independent  contractor,  person  employed 
in  electric  work.     1918C-655. 

Individual's  right  to  engage  in  business  of 
generating  and  selling  electricity. 
1914C-938. 


ELECTRICITY— Continued. 

Interference  with  wires  in  use  of  streets 
for  moving  buildings.     1917C-79. 

Larceny   of  electricity,     6-739. 

"Manufacturer,"  electric  light  or  power 
company  as.     7-726;  1913C-718. 

Municipal  corporation,  power  to  construct 
or    purchase.     1916B-523;    1918A-259. 

Plant  or  accessories  as   fixtures.     1917B- 

183. 
— meaning  of  plant  as  applied  to  electric 

lighting  system.     1917A-321. 

Poles  and  wires  as  personalty  or  realty. 
9-1192. 

—revocation  or  expiration  of  right  of  elec- 
tric company  to  maintain  in  street. 
1917E-525,  539,  557. 

Power-house  of  electric  light  or  power  com- 
pany as  nuisance.     8-567. 

Quasi-public  corporation,  electric  light 
company  as.     18-1065. 

Eailroad,  right  to  use  electricity  as  motive 
power.     5-53. 

Taxation  of  rolling  stock  of  electric  rail- 
way, situs  for  purpose.     10-355. 

iWater  to  generate  electric  power,  right  of 
riparian  owner  to  use.     17-1226. 

2.    Electric  Companies. 
A.  Construction    of    Lines. 

Eminent  domain,  danger  of  injury  to  per- 
son or  livestock  as  element  of  damage 
to  land  by  construction  of  electric 
power  line.     1915A-1255. 

*— trees  near  right  of  way  of  electric  com- 
pany, condemnation  of  right  to  cut  or 
remove.     1914C-271. 

—use  for  purpose  of  electric  light  or  power 
company  as  public  use  for  which  prop- 
erty may  be  taken.  5-531;  7-750;  14- 
904;   21-364;   1912D-1004. 

Poles,  acquirement  by  prescription  of  right 
to  maintain.     1916E-981. 

t — use  of  force  in  aid  of  right  to  set  tele- 
graph, telephone  or  electric  pole  on 
land.     1913E-476. 

Trees  of  abutting  owner,  liability  for  in- 
jury  to.     2-642;    12-251. 

Wires  above  premises,  unauthorized  string- 
ing, remedy  of  land  owner.     9-860. 

• — close  proximity  of  wires,  power  of  public 
service  commission  to  prevent  main- 
tenance.    1918B-847. 


300    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


ELECTRICITY— Continued. 

B.    Rates  and  Service. 

Advance  charges  for  service,  right  to  re- 
quire payment.     1914D-119. 

Discrimination  in  service,  duty  of  electric 
light  company  to  furnish  without  dis- 
crimination.    1914B-26. 

Lamps  or  other  fixtures  to  be  furnished 
free  of  charge  to  consumers,  validity 
of  statute  or  ordinance  requiring. 
1913A-62. 

Light  furnished  to  tenant  or  former  owner, 
validity  of  statute,  ordinance  or  regu- 
lation making  owner  of  premises 
liable.     7-1017;  11-241. 

Minimum  charge  for  service,  right  of 
electric  light  or  power  company  to 
make.     1914D-456. 

Bates  fixed  by  city,  right  of  city  to  object 
to  change  by  state  or  public  service 
commission.     1913D-89. 

^municipal  regulation  of  rates  of  elec- 
tric company.     1915D-473. 

Bules  and  regulations,  reasonableness  as 
question  of  law  or  fact.     3-715. 

3.    Injuries  from  Operation. 

(Atmospheric  electricity,  liability  for  dis- 
charge from  wire  injuring  person  not 
in  contact.     1912A-252. 

Charging  wire  of  other  company  or  person, 
liability  for  injuries  resulting.  16- 
1194;   1918C-916. 

Children,  duty  and  liability  of  one  main- 
taining wires  in  reference  to.  10-925; 
21-1096;.  1917A-895. 

Discharge  of  electricity  from  wire  injuring 
person  not  actually  coming  in  contact 
therewith,  liability  for.     1912A-251. 

Fire  caused  by  wires  transmitting  elec- 
tricity from  lightning,  liability  of 
telephone  or  other  electric  company. 
1914B-1031. 

Induction,  conduction  and  electrolysis. 
1916A-135;   1916E-199. 

Injuries  to  person  on  premises  to  which 
electric  company  supplies  current, 
liability  as  based  on  negligence  or 
breach  of  contract.     17-1046. 

Inside  wiring,  liability  of  company  for  de- 
fects.    1917A-1175;    1917C-862. 

Master  and  servant,  assumption  of  risk, 
applicability  of  doctrine  to  lineman. 
15-598;    19i2B-467. 


ELECTRICITY— Continued. 

— fellow-servants,  lineman  as  fellow-ser- 
vant of  employee  in  power-house.  17- 
467. 

— warning  and  instruction  to  employee  of 
electric  company,  duty  of  master  as 
delegable.     11-107. 

Municipal  liability  for  fall  of  pole  or  wire 
of  public  service  corporation.  1913E- 
379. 

— operation  of  electric  light  plant,  liability 
for  negligence.  9-S51;  1912B-817; 
191oD-753;  1916C-1257. 

Private  property,  electric  appliances  in- 
juring person,  doctrine  of  res  ipsa 
loquitur  as  applicable.  1913A-1184; 
1917C-862. 

Eailways,  crossing  tracks  of  electric  com- 
pany, difference  in  degree  of  care  re- 
quired of  person  in  city  and  country 
districts.     10-336. 

— electricity  as  motive  power,  degree  of 
care   required  in   use.     3-258;   21-749. 

Strange  phenomena,  withdrawal  of  testi- 
mony from  consideration  of  jury.  13- 
1191;    1917B-477. 

Street  railway  communicating  from  track 
(not  third  rail),  liability  for  injury 
caused.     1915B-708. 

Stringing  electric  wires  above  ground  as 
negligence.     9-751. 

Telephone  company,  injuries  to  person  using 
telephone,  liability  of  company.  21- 
1009. 

Traveler  coming  in  contact  with  live  wire. 
liability  of  one  maintaining  wires  in 
highway  for  injuries.  4-709;  1913D- 
912. 

Wires,  close  proximity  maintained  to  those 
of  another  company,  liability  for  in- 
jury to  employee  of  latter  company. 
1918D-4,  63. 

— maintenance  over  private  property  as 
distinguished  from  public  highway, 
liability  for  injuries  received  by  adult 
coming  in  contact  with.  21-374; 
1918C-594. 


ELECTRIC  SHOCK. 

Injury  resulting  from,  excessiveness  or  in- 
adequacy of  verdict.  16-47;  1916B- 
409. 


ELECTROLYSIS— EMBEZZLE:mENT. 


301 


ELECTROLYSIS. 

Injunctive  relief  against.     1916A-136. 

Begulation,  power  of  public  utilities  com- 
missioner.    1916E-199. 

ELEEMOSYNARY  CORPO- 
RATION. 

See  Cliaritiea. 


Dissolution,  disposition  of  realty. 
1012. 


1913A- 


ELEVATED  RAILWAYS. 

Additional  servitude  upon  highways  as 
arising  from  construction  of  elevated 
railroad.     2-535. 

Passengers,  when  intending  passenger  ac- 
tually becomes  such.  9-1104;  1917C- 
1211. 

Safe  place  for  boarding  and  alighting  from 
cars,  duty  to  provide.     9-855. 

Sparks  or  fire  injuring  person  other  than 
passenger,  liability.     1918E-821. 

"Street  railway"  as  including  railway  above 
street.     19-260. 


EIiEVATOES— Continued. 

Safeguarding,  failure  as  actionable  wrong 
under  statutes  not  for  plaintiflfs  bene- 
fit.    9-430. 

Trespasser,  liability  of  proprietor  for  in- 
jury by  elevator.     1912D-433. 

Unguarded  shaft,  liability  of  proprietor  of 
store  for  injury  to  customer  falling 
therein,     1913C-568;  1918E-319. 

Use  contrary  to  orders  or  specific  prohibi- 
tion, liability  of  proprietor  to  one 
using.     13-1099. 

[Well  insufficiently  lighted,  liability  of 
master  for  injuries  to  servant.     20-9. 

.Workmen's  Compensation  Act  as  applica- 
ble to  operators  of  freight  and  pas- 
senger elevators.     1917D-16,  29,  39. 

f — injury  in  elevator  as  accident  in  course 
of    employment.     1918B-805,    813. 


ELKS,  ORDER  OF. 

Elks  lodge  or  body  as  charitable  institu- 
tion.    1914C-958;  1916E-786. 


EMANCIPATION. 

See  Parent  and  Child. 


ELEVATORS. 

Carriers,  proprietor  of  elevator  as  carrier 
of   passengers.     1914B-373. 

Contributory  negligence  precluding  recov- 
ery for  injury  by  fall  down  shaft  by 
intending  passenger.     1914C-57S. 

Fall  of  elevator  as  presumptive  negligence 
on  part  of  owner  or  operator.     8-976. 

Independent  contractor,  person  engaged  in 
repair  or  installation.  19-23;  1918C- 
655. 

Injury  to  person  other  than  passenger, 
liability  of  proprietor.  1912D-531; 
1915B-572. 

Manufacturer  or  vendor,  liability  to  third 
persons  for  negligence  in  construction. 
1-756. 

Master  and  servant,  employee  carried  out 
of  hours  of  service  as  sustaining  rela- 
tion of  passenger.     1915C-271. 

— warning  and  instruction  to  employee  re- 
specting operation,  duty  of  master  as 
delegable.     11-107. 

Passenger  elevator,  what  is.     1915B-1127. 


Statutory 
1252. 


EMBALMERS. 

regulation.     18-477;       1913A- 


EMBANKMENTS. 

Eight  of  riparian  owner  to  embank 
against  overflow  from  stream  to  in- 
jury of  other  proprietors.     4-718. 


EMBEZZLEMENT. 

1.  In  General. 

2.  Indictments. 

3.  evidence. 

I.    In  General. 

Agency,  misappropriation  of  funds  by  agent 
for  both  borrower  and  lender,  who 
bears  loss.     1913C-468. 

Bank  notes  as  money.     4-630. 

"By  virtue  of  employment  or  office,"  con- 
struction of  phrase  in  embezzlement 
statute.     15-443. 


302    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


EMBEZZLEMENT— Continued. 

Conversion  by  agent  of  funds  of  which  ho 
is  entitled  to  percentage  as  constitut- 
ing.    15-1227. 

Decoy  letter  as  subject  of,  under  postal 
laws.     4-878. 

Estoppel,  application  of  doctrine  in  em- 
bezzlement eases.     3-844, 

Fidelity  insurance,  what  constitutes  em- 
bezzlement by  employee.  1917C-427, 
429,  450,  453. 

Husband  and  wife,  embezzlement  between. 
21-127. 

Larceny  and  embezzlement,  distinction 
between.     13-882. 

Libel  and  slander,  justification  of  charge  of 
embezzlement,  necessity  that  be  of 
precise  charge.     1918C-1135. 

— ^wrongful  charge  of  embezzlement,  ex- 
cessiveness  of  verdict.  1913B-701, 
707. 

Malicious  prosecution  on  charge  of  em- 
bezzlement, excessiveness  or  inade- 
quacy of  verdict.     19160-257. 

Partnership  or  unincorporated  association, 
embezzlement  by  member,     14-724. 

Restoration  of  property  or  settlement  or 
offer  to  settle  with  owner  as  defense 
to  prosecution.     1916C-67. 

2.    Indictments. 

Demand  and  refusal  to  pay,  necessity  of  al- 
legation in  indictment.  15-575; 
1914D-318, 

Fiduciary  relation,  sufficiency  of  indict- 
ment with  respect  to  allegations. 
1912C-903. 

Form  of  indictment,  construction  of  stat- 
ute prescribing.     1918C-558,  569. 

Money,  necessity  of  allegation  of  value  in 
indictment  for  embezzlement.     13-554. 

Ownership  by  private  corporation,  com- 
pany, association  or  society,  suffi- 
ciency of  indictment  with  reference 
to    allegations   of   ownership.     18-343. 

Public  or  corporate  officer,  sufficiency  of  in- 
dictment with  respect  to  description  of 
property  embezzled  by.     21-72. 

3.    Evidence. 

Corpus  delicti,  proof  in  prosecutor.    17-630. 

Financial  condition  of  defendant,  admissi- 
bility  of  evidence.     6-349. 

Other  offenses  and  similar  acts,  proof  in 
prosecution  for  embezzlement.  11- 
816. 


EMBLEMENTS. 

See  Crops. 

EMBLEMS. 

Society  emblem,  wearing  by  one  not  a 
member,  validity  of  statute  making  it 
offense.     21-1037. 


EMBRACERY. 

Dissuading  witness  from  testifying,  at- 
tempt made  in  good  faith  as  criminal 
offense.     13-579. 


EMERGENCY. 

Automobile  accident  at  railroad  crossing, 
act  of  driver  in  emergency  as  affect- 
ing question  of  negligence.  1913B- 
684;    1915B-769. 

Compromise  of  client's  cause  of  action  by 
attorney  as  warranted  by.     21-583. 

Contributory  negligence,  act  in  emergency 
as  exonerating  from  charge.  1914D- 
1217. 

Hours  of  service  under  prohibition  of  fed- 
eral act,  emergency  as  excusing  ex- 
cessive hours.     1915D-466;  1918C-811. 

Medical  attendance  on  pauper  in  emer- 
gency as  rendering  municipality 
liable.     1916D-186. 

Railroad,  damage  resulting  from  its  act  in 
emergency,  liability  to  land  owner. 
1915D-1105. 

Workmen's  compensation,  injury  arising 
from  act  in  emergency  as  accident  in 
course  of  employment.     1913 C-16. 


EMERGENCY  BRAKES. 

Application    causing   injury    to    passenger, 
liability  of  carrier.     1915C-764. 


EMERGENCY  CLAUSE. 

Initiative  and  referendum  statutes,  con- 
struction with  reference  to  emergency 
clauses.     1916B-S19;    1917E-985. 


EMERY-WHEEL. 

Bursting    as    rendering    master    liable    to 
servant  injured.     1912B-1334. 


EMIGRANTS— EMINENT  DOMAIN. 


303 


EMIGRANTS.     * 

See  Immigration. 

Statutory  regulation  of  emigrant  employ- 
ment agencies.     5-327. 

EMINENT  DOMAIN. 

1.  In  General. 

2.  Power  to  Taie  Property. 

3.  Purposes  for  WMch  Projyerty  Taken. 

4.  Damaging  or  Taking  of  Property. 

5.  Property  Subject  to  Condemnation. 

6.  Condemnation  Proceedings. 

7.  Eights  and  Title  Acquired. 

8.  Compensation. 

A.  Persons  Entitled. 

B.  Interests  fob  Which  Compensa- 

tion Awarded. 

C.  Measure  of  Compensation. 

D.  Evidence. 

9.  Additional  Servitudes. 

1.    In  GeneraL 

"Adjacent"  in  statute  relating  to  con- 
demnation of  land,  meaning  of  term. 
1913B-171. 

"Adjoining,"  meaning  of  term  as  used  in 
statute  relating  to  condemnation  of 
land.     1913D-849. 

Conditional  condemnation  of  property. 
1917C-631. 

Conflicting  condemnors,  priority  of  right 
to  land  under  law  of  eminent  domain. 
9-689. 

Constitutional  provision  that  property  shall 
not  be  taken  or  damaged  without  just 
compensation  as  self-executing.  7- 
632;   18-201;   1914C-1118. 

Corporations,  consolidation  without  assent 
of  all  stockholders  by  condemnation  of 
stock.     19-1268. 

Devotion  to  public  use  within  reasonable 
time,  necessity  in  case  of  land  appro- 
priated for  such  purpose.     1915B-993. 

Eviction  of  tenant,  appropriation  of  prem- 
ises under  power  of  eminent  domain  as 
constituting.     1912D-367. 

Height  of  buildings,  limiting  height  as  ex- 
ercise of  right  of  eminent  domain. 
15-1052. 


EMINENT  DOMAIN— Continued. 

"Owner,"  term  as  including  tenant  for 
years  in  statute  relating  to  eminent 
domain.     1912A-317. 

"Person"  in  statute  as  including  foreign 
corporation.     20-748;  1914A-1310. 

Eeversion  of  land  taken  under  power  of 
eminent  domain  when  public  use 
ceases.     19-155. 

Statutes  relating  to  eminent  domain,  effect 
of  partial  invalidity  of  statute. 
1916r)-53. 

Street  improvement  made  by  city  before 
dedication  to  or  condemnation  by  city, 
validity.     1914B-208. 

2.    Power  to  Take  Property. 

Another  jurisdiction,  exercise  of  power  for 
use  of.     1915D-1226. 

County,  right  to  exercise  power.  1913E- 
1079. 

De  facto  corporation,  right  to  exercise 
power.    9-594;  1913C-271;  1918C-1063. 

Delegation  of  power  of  eminent  domain. 
1-537. 

Electric  light  and  power  companies,  power 
to  exercise  right.  5-531;  7-750,  1191; 
14^904;  21-364;  1912D-1204. 

Foreign  corporation,  power  to  exercise 
right.     1915C-929.  ^ 

Municipal  corporation,  right  to  exercise 
power  without  legislative  authority. 
1912C-199. 

Telegraph  or  telephone  company,  power  to 
condemn  railroad  right  of  way  under 
state  statute.     1917B-689,  705,  707. 

— power  of  eminent  domain  of  telegraph 
companies  under  act  of  Congress.  1- 
533. 

United  States,  nature  and  extent  of  power 
to  condemn  land.     1918E-39. 


3.    Purposes   for  "Which  Property  Taken. 

Dam  and  reservoir  constructed  for  pur- 
pose of  regulating  flow  of  river  as 
public    use.     1915A-1111, 

Drainage  of  land  as  public  use  within 
law  of  eminent   domain.     20-272. 

Irrigation  as  public  use  or  benefit.  1- 
304;   4-1174. 

Libraries,  condemnation  of  land  for  pub- 
lic library.     1918E-122. 


304    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


EMINENT  DOMAIN— Continued. 

Private  use,  condemnation  of  property 
for.     1-188. 

Public  use,  what  constitutes,  for  which 
property  may  be  taken.  2-50;  3- 
1113;  4-1175;  14-903;  1912D-1002; 
1918A-203. 

Eailroad  branch  line  as  public  use  jus- 
tifying  condemnation.     1914C-648. 

Spur-track,  municipality's  right  to  con- 
demn land  for  construction  of  track 
to  connect  municipal  works  with  rail- 
road.    1912B-382. 

— railroad's  right  to  condemn  land  for 
spur  to  private  establishment.  7-835; 
13-1012;    1912D-234. 

Water-power  for  mills  and  manufac- 
tories, taking  or  damaging  land  to 
create.     4-992;    10-1060. 


4.    Damaging  or  Taking  of  Property. 

Consequential  damages  to  property  from 
proper  exercise  of  governmental 
powers  as  taking  for  public  use. 
4-1185. 

Depriving  public  property  of  use  for 
which  it  was  intended  as  taking 
without  due  process  of  law.  191oB- 
1139. 

Quantity  and  location  of  property  to  be 
taken,  discretion  allowed  to  grantee 
of  power  of  eminent  domain.  2-946; 
7-339;  1912C-1118. 


5.    Property   Subject  to   Condemnation. 

Parks  and  squares  as  subject  to  exercise 
of  right  for  railroad  purposes.  21- 
691. 

Public  lands,  state  or  federal,  as  subject 
to  condemnation  under  power.  15- 
488. 

Eailroad  property,  right  of  municipality 
to  condemn  for  municipal  purposes. 
1913E-163. 

School  or  other  public  lands,  power  of 
legislature  to  authorize  appropriation 
for    irrigation    purposes.     1914B-338. 

Trees  near  right  of  way,  power  of  elec- 
.tric  company  to  condemn  right  to  cut 
or    remove.     1914C-271. 

Water  apart  from  land  as  subject  to 
law  of  eminent  domain.  13-72; 
I914C-1037. 


EMINENT  DOMAIN — Continued. 

— right  of  railroad  company  to  condemn 
water  over  which  its  right  of  way 
is  constructed.     1916E-12i5.         * 


6.    Condemnation  Proceedings. 

Appeal,  appealable  judgments  and  orders, 

16-1004;    1915D-548. 
^-costs  on  appeal,  liability  of  land  owner. 

1912C-533;   1916E-692;    1917E-262. 
— who    may    appeal    in    eminent    domain 

proceedings.     1914D-1139. 

Appearance  and  answer  by  defendant, 
necessity  for.     9—476. 

Award,  amendment  or  correction  of  re- 
port  of   commissioners.     1915A-722. 

— damages  subsequently  accruing  as 
barred  by  award.     1915A-583. 

— estoppel  of  land  owner  by  acceptance 
of    award.     1915D-821;    19170-159. 

—vacation  on  account  of  misconduct  of 
commissioners.     20-711. 

Collateral  attack  on  proceeding.  1916C- 
40. 

Discontinuance  of  proceedings,  at  what 
stage.  1913E-1062;  1916B-1174; 
1918D-948. 

— return  of  condemnation  money  by  land 
owner,  necessity  on  abandonment  of 
occupation  by  condemnor.  1917C— 
1136. 

Estoppel  to  attack  validity  of  eminent 
domain  statute  by  instituting  pro- 
ceedings   thereunder.     1915B-104P. 

Exclusiveness  of  statutory  remedy  for 
damages  for  taking  of  property  by 
eminent    domain.     14—1150. 

Instructions  as  to  fixing  value  of  prop- 
erty  taken   or   damaged.     3-302. 

Jurisdiction  of  proceedings  conferred  on 
public  service  commission  or  other 
body,  validity  of  statute.  1916C— 
420;   1917C-120. 

Jury   in    condemnation   proceedings,    right 

to   trial   by.     18-680. 
. — interest   or  bias   sufficient   to   disqualify 

juror.     5-923. 

Limitation  of  actions,  property  appro- 
priated without  making  compensa- 
tion, time  to  bring  action  to  recover 
for.     1913E-1139. 

Necessary  expenses  of  owner  in  establish- 
ing value  of  property  taken,  what 
constitute.     1918D-924. 


EMINENT  DOMAIN. 


305 


EMINENT  DOMAIN— Continued. 

Notice  to  land  owner,  necessity  with  re- 
spect to  assessment  of  damages  in 
condemnation   proceedings.     4-903. 

• — ^proceedings  to  condemn  (as  distin- 
guished from  proceedings  to  fix  com- 
pensation), validity  of  statute  which 
fails  to  provide  for  notice.  1913A— 
1256. 

Open  and  close,  right  where  only  issue 
is  amount  plaintiff  is  entitled  to  re- 
cover.    1916D-960. 

Pendency  of  suit  for  damages  for  un- 
lawful entry  on  land  as  bar  to  con- 
demnation   proceedings.     1913D-601. 

Public  character  of  use,  right  of  defend- 
ant in  condemnation  proceedings  to 
question.     2-133. 

Venue  of  condemnation  proceedings  as 
to  land  located  in  more  than  one 
county.     19-984. 


7.  Eights    and    Title   Acquired. 

Color  of  title  to  land  claimed  by  adverse 
possession  as  furnished  by  condemna- 
tion proceedings.     19-402;   1915D-299. 

Dower,  right  in  land  condemned  by  rail- 
road.    21-491. 

Easement  or  fee,  interest  in  land  ac- 
quired by  condemnation  as  constitut- 
ing.    20-568;     1918A-806. 


8.     Compensation. 
A.     PERSONS  Entitled. 

Change  of  street  grade,  abutting  owner's 
right,  to  damages  where  he  improves 
property  after  grade  is  established. 
1916D-il43. 

•—joinder  in  petition  for  change  as 
waiver  of  or  estoppel  to  claim  com- 
pensation.    20-876. 

• — liability  of  municipality  in  absence  of 
statute  allowing  compensation,  but 
under  constitutional  provision  against 
damaging    property.     10-849. 

Decedent's  estate,  right  as  between  heir 
or  devisee  and  executor  or  adminis- 
trator to  condemnation  money. 
1912C-595. 

Gas    and    water    companies,     interference 
with    pipes    by    municipality    in    mak- 
ing   public    improvement    as    entitling 
to  compensation.     6-392. 
Index  to  Notes — 20 


EMINENT  DOMAIN— Continued. 

Grantor  and  grantee,  right  between  as 
to  compensation  where  land  is  con- 
veyed pending  condemnation  pro- 
ceedings.    1915A-732. 

Judicial  sale  of  land  pending  condemna- 
tion proceedings,  person  entitled  to 
compensation.     191oA— 736. 

Lessor  and  lessee,  right  between  as  to 
compensation  for  property  taken. 
4-1011;   15-714. 

Mortgagee,  right  to  award  in  condemna- 
tion   proceedings.     4-944. 

Public  lavatory,  construction  in  street  as 
entitling  abutting  owner  to  compen- 
sation.    1918D-906. 

Purchaser  of  land  on  which  railroad  right, 
of  way  has  been  constructed,  right 
to  recover  compensation.  1912A- 
1056. 

Eailroad  laying  tracks  in  street  without 
paying  dr  securing  compensation, 
right  of  abutting  owner  to  enjoin. 
1913E-874. 

Vendee  under  contract  of  sale  of  land, 
right  to  compensation  where  land  is 
condemned.     1912A-456. 

Voluntary  discontinuance  of  proceedings, 
right  of  land  owner  to  damages. 
8-734;  1912B-944;  1916D-723;  1916E- 
991. 

iWaiver  by  land  owner  of  right  to  com- 
pensation, for  property  taken.  8- 
855. 


B.    Interests  for  Which  Compensation 
Awarded. 

Building  restriction  or  restrictive  agree- 
ment as  binding  public  or  public 
service  corporation  to  payment  of 
compensation.     1918B-591. 

Destruction  of  building  by  public  au- 
thorities, right  to  compensation. 
1913C-599. 

Improvements  placed  on  land  after  in- 
stitution of  condemnation  proceed- 
ings, right  of  land  owner  to  com- 
pensation.    17-1033. 

— condemnor's  improvements  with  au- 
thority or  color  thereof,  right  of  con- 
demnee  to  recover  value.  1917C- 
141. 

• — without  authority  in  condemnor,  right 
of  condemnee  to  compensation.  6- 
382;    13-980;    1912A-244. 


106    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


EMINENT  DOMAIN— Continued. 

Personal  property,  injury  to  br  expense 
of  removing  from  premises,  recovery 
of  damages  in  condemnation  proceed- 
ings.    8-696;    16-787;    1918B-886. 

Prescriptive  right  to  pollute  watercourse 
as   subject   to   condemnation.     3-25. 

Private  right  of  way,  right  to  compen- 
sation   for    taking.     19-681. 

Eailroads,  crossing  railroad  tracks  by 
railroad  constructed  upon  street  or 
highway,  right  of  railroad  to  com- 
pensation.    14-216. 

• — laying  out  street  across  railroad  right 
of  way,  damage  recoverable  by  rail- 
road.    15-14. 

Boad  constructed  by  railroad  to  land 
through  which  it  has  acquired  right 
of  way,  liability  of  railroad  for  dam- 
ages.    19-335. 

Switch  connections  with  railroad,  de- 
privation by  change  of  street  or  rail- 
road grade  as  entitling  to  damages. 
1914C-273. 

Telegraph  company's  interest  acquired 
in  railroad's  right  of  way,  compen- 
sation for.     1-741. 

Telephone  company's  interest  acquired 
in  railroad  right  of  way,  compen- 
sation for.     20-723. 


C.      MeASTJBE   op   Ck)MPENSATI01T. 

Availability  of  stream  on  land  as  source 
of  water  supply  as  element  of  value. 
1912C-123S;   1916E-886. 

Contingent  advantage  to  owner  as  ele- 
ment  of   compensation.     1914B-ol2. 

Danger  of  injury  to  persons  or  livestock 
as  element  of  damage  to  lanl  by 
construction  of  electric  power  line. 
1915A-1255;    1917C-884. 

—railroad  construction  as  involving  same 
element    of   damage.     11-697;    19-929. 

Deduction  of  benefits  in  assessing  dam- 
ages for  land  taken  in  condemnation 
proceedings.     13-603;    19-859;    1914B- 

478. 

Fixtures,  value  as  element  of  damages 
sustained  by  appropriation  of  prop- 
erty.    1916C-780. 

Interest  as  part  of  compensation,  right 
to.     15-108. 

Loss  of  profits  or  injury  to  business  as 
element   of  damages.     1918B-869. 


EMINENT  DOMAIN— Continued. 

Mineral    lands,    measure    of    damages    for 

appropriation.    .2-966. 
Time    with    reference    to    which    value    of 

property    taken    is    to    be    estimated. 

9-115. 

D.     Evidence. 

Testimony  of  witnesses,  right  of  jury  to 
disregard  in  eminent  domain  proceed- 
ings.    3-302. 

Value  of  property  taken,  admission  or 
declaration  of  owner  as  to  value,  ad- 
missibility   in    evidence.     1912D-289. 

—offer  to  purchase  by  third  person  as 
evidence  of  value.     5-971. 

— other  property  for  use  in  same  enter- 
prise, price  paid  by  condemnor  as 
evidence  of  value.  20-695;  1914A- 
375;   1917E-1103. 

■ — similar  property,  price  paid  by  other 
than  condemnor,  admissibility  as 
evidence  of  value.  1913D-581; 
1916E-598. 

View  of  premises,  impressions  made  on 
minds  of  jurors  as  evidence  in  con- 
demnation  proceedings.     10-665. 

9.    Additional    Servitudes. 

Pipe-line    as    additional     servitude     upon 

rural    highway.     9-1033. 
Street     railway     as     additional    servitude 

upon         highway.     2-535;         21-1377; 

1913C-408. 
Subway  as  additional  servitude  on  street. 

18-375;  1917A-124. 

Telegraph  or  telephone  line  upon  city 
street  as  additional  servitude.  2- 
155;    5-841;    8-956;    10-467. 

— rural  highway,  construction  on  as  ad- 
ditional servitude.  2-163;  8-956;  Ix- 
464. 

EMISSION. 

Adultery,    emission    as    element    of   crime. 

11-94. 
Carnal    knowledge,    necessity    of    emission 

to   constitute.     11-93.  ' 

Eape,  emission  as  element  of  crime.     11- 

93. 

EMOTION. 

Irresistible  impulse  to  crime  produced  by 
emotion  as  defense  to  charge. 
1912A-40;    1917C-612. 


EMPLOYER  AND  EMPLOYEE— EMPLOYMENT  AGENCIES.  307 


EMPLOYER  AND  EMPLOYEE. 

Bee  Employers'  Liability  Acts;  Labor 
Laws;  Master  and  Servant;  Work- 
men's  Compensation. 


EMPLOYERS*  LIABILITY 
ACT. 

Acceptance  of  benefits  of  relief  depart- 
ment as  affecting  recovery  under 
act.     1916A-783;    1918E-1193. 

Accident  arising  out  of  and  in  course 
of  employment,  what  is  within  act. 
1914D-1284. 

— necessity  that  injured  servant  be  act- 
ing in  course  of  employment  in  order 
to   recover  under   act.     1918A-1070. 

Assumption  of  risk  under  federal  act. 
191oB-481;  1916B-484;   1917r)-922. 

Capacity  in  which  suit  must  be  instituted 
under    federal    act.     1914B-137. 

Common  and  statutory  law  on  same 
subject  as  superseded  by  federal  act. 
1915B-493;    1916B-484;     1918E-502. 

Comparison  of  negligence  under  federal 
act.     1914C-175. 

Damages  recoverable  under  federal  act. 
1914C-181;   1915D-319. 

Death  by  wrongful  act,  burden  of  proof 
ai^  to  interstate  character  of  employ- 
ment  under   federal    act.     1916D-232. 

— simultaneousness  of  death  and  injury 
as  affecting  action  by  survivors  of 
injured    person.     1915C-614. 

Election  between  federal  and  state  stat- 
ute or  common  law,  necessity. 
1917A-1270;    1917E-297. 

Employees  entitled  to  protection  under 
federal  act.  1914C-164;  1915D-319; 
1916D-232;    1916E-472;    1918B-55,   70. 

Exemption  of  certain  employments  from 
operation  of  act,  validity  of  statute. 
1914D-404;    1916D-268. 

Federal    act,    validity    of.     17-331. 

Fellow-servant  doctrine,  constitutionality 
of  statute  abrogating.  10-1113; 
1916D-268. 

Health  or  safety  of  employees,  consti- 
tutionality of  statutes  providing  for. 
2-780. 

Implied  repeal  of  statutes  by  state  Em- 
ployers'   Liability    Act,     1916E-773. 

Jurisdiction  of  action  under  federal  act. 
1916B-105. 


EMPLOYERS'  LIABILITY  ACT— Con- 
tinued. 

Limitation  of  actions,  construction  of 
provision  of  state  act  limiting  time 
for  commencement  of  action.  15— 
491. 

i— death  by  wrongful  act,  running  of  stat- 
ute against  action  under  federal  act. 
17-520. 

— ^federal  act,  limitation  of  action  under. 
1914C-1028. 

Notice  of  injury  to  be  given  employer, 
construction  of  provision  requiring. 
15-292;    1912B-326;    1913D-835. 

"Plant,"  meaning  of  term  as  used  in  act. 
1917A-324. 

Pleading  federal  employers'  act.  1914C- 
171;    1917E-297. 

Practice  under  federal  act,  law  govern- 
ing.    1916B-255. 

Eelation  of  employer  and  employee,  ex- 
istence under  federal  act.     1918B— 46. 

Eight  of  action  under  federal  act  as 
sufficient  property  right  to  warrant 
grant  of  administration.     1917C-1221. 

Scaffolding  as  part  of  "ways,  works,  plant 
or  machinery,"  within  meaning  of 
act.     18-612;    1913B-1125. 

Sliding  rock  or  earth  in  trench,  quarry 
or  excavation,  master's  liability  to 
servant  for  'injury  from  as  within 
act.     21-717. 

State  as  employer,  liability  within  act. 
1914B-889. 

Statutes,  partial  invalidity  of  statute, 
effect.     1916D-69. 

Verdict  by  less  than  whole  number  of 
jurors  in  action  under  federal  stat- 
ute.    1916E-504,   508. 

EMPLOYERS'  LIABILITY  INSUR- 
ANCE. 

See  Insurance. 


EMPLOYMENT. 

Distinction    between    office    and    employ-! 
ment.     17-451;    1917D-319. 


EMPLOYMENT  AGENCIES. 

Furnishing    workmen    during    strike,    va- 
lidity   of    statute    prohibiting.     1-939. 


308     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


EMPLOYMENT   AGENCIES— Continued. 

Statutory    regulation.     5-326;    1914B-739; 
1917C-523;    1917D-684,    984. 

"Trade,"    employment    agent    as    engaged 
in.     1916A-1199. 


EMPTY  CAR. 

Term     "car"     in     statute     as     including. 
1914D-47. 


ENACTING  CLAUSE. 

Form  required  by  constitutional  provision 
as   directory    or   mandatory.     14-813. 

Omission,   effect   upon  validity  of  statute. 
1916A-520. 


ENCROACHMENT. 

Overhanging  eaves,  remedy  of  owner  of 
land.     4-343. 

Poles  of  telegraph  or  telephone  lines  on 
property,  right  of* owner  to  cut  down. 
14-579. 


ENEMY  PROPERTY. 


Powers   and  duties   of  custodian. 
713,  741. 


1918C- 


ENGAGED  CHIEFLY  IN 
FARMING. 


Meaning 
law. 


of     phrase 
16-511. 


within    bankruptcy 


Ground  for  discharge  of  servant  by  mas- 
ter.   1916A-1032. 


ENGINEERS. 

Decision  of  engineer  under  working  con- 
tract,   conclusiveness.     1913A-180. 

Eailway  engineer  and  trainman  or  brake- 
man    as   fellow-servants.     13-1107. 

Stationary  engineers,  validity  and  con- 
struction of  statute  or  ordinance 
licensing  or  otherwise  regulating. 
1915A-1017. 

Workmen's  Compensation  Act  as  applica- 
ble   to    engineering   work.     1917D-16. 


ENCUMBRANCES. 

See  Incumbrances. 


END 

End  of  will.     2-730;    11-1013;  19130-845. 


ENGINES. 

See  Fixes. 
Insurance   on   boilers.     1915A-651. 
License   to   operate   engines.     1915D-847. 


ENDLESS  CHAIN 
CONTRACTS. 


Validity     of     "endless     chain' 
1918D-476. 


ENGLISH  STATUTES  AND 
DECISIONS. 


contract       Common    law    as    including.     1913A-1222; 
1918A-969. 


ENDOWMENT  INSUR- 
ANCE. 

Validity   of   contract.     1915C-948. 

ENEMIES. 

Adherence    to    enemies,    what    constitutes 
within   law   of  treason.     1917D-479. 

Expatriated      person      as      alien      enemy. 
1916D-306. 

Eights    and    liabilities    of    alien    enemies. 
1917C-189;    1918C-709,    741. 


ENLISTMENT. 

Bail  bond,  enlistment  of  principal  in 
military  or  naval  service  as  dis- 
charge  of   surety.     6-616. 

Infant  unlawfully  enlisted,  right  to  re- 
lease from  detention  by  military  or 
naval  authorities.  16-129;  1917C- 
778. 

. — validity  of  enlistment  of  minor  in  state 
military  service  without  consent  of 
X>arents.     1913C-1273. 

Militia  enlistment  as  contract.  1917B- 
244. 


EX  MASSE— EQUAL  RIGHTS. 


309 


EN  MASSE. 

Judicial    or    sheriff's    sale    of    property   in 
parcels   or   en  masse.     I913B-619. 


ENTERTAINMENTS. 

See  Theaters  and  Amusements. 

Appropriation  of  money  for  celebrations 
and  entertainments,  power  of  munici- 
pality.    11-976. 

ENTICING  AWAY  CHILD. 

Bight  of  father  to  maintain  civil  action 
for   damages.     1914A-896. 


ENTRIES. 

Bible   entries  as   evidence.     1915B-377. 

Field-book  entries  of  deceased  surveyor, 
admissibility  in  evidence.  1917E- 
675. 

ENTRY. 

See   Forcible   Entry    and   Detainer. 


ENUMERATION. 

School  census  of  children  of  school  age 
made  by  proper  authorities,  conclu- 
siveness.    1913B-1270. 


ENTICING  LABORER. 

Malicious  prosecution  for  statutory  of- 
fense, exeessiveness  or  inadequacy  of 
verdict.     1916C-261. 


ENTIRE  CONTRACTS, 

Parol  contract  partly  within  statute  of 
frauds,  validity  and  enforceability. 
8-960;    10-509  J    1918E-498. 


ENTIRETY. 

Abrogation    of    estates    by  entireties.     2— 

559;   20-196. 

Claims  of   creditors   of   one  spouse,   estate 

as    subject    to.     12-53;  1912C-1242. 

Creation  of  tenancy  by  entirety,  suffi- 
ciency  of   deed.     19120-927. 

Divorce,  effect  on  rights  of  tenants  by 
entirety.     5-536;   9-139. 

"Freeholder,"  tenant  by  entirety  as. 
1913D-329. 

Mechanic's  lien  for  work  performed 
under  contract  with  one  spouse  only, 
estate  as  subject  to.     11-87. 

Murder  of  one  spouse  by  the  other,  effect 

upon  estate.     11-907. 
Partition    of    estate,    right    of   one    spouse 

to   maintain   action.     1913E-888. 
Profits,     crops     and     usufruct     of     estate, 

wife's    right.     4-1101. 


EN  VENTRE  SA  MERE. 

Eemainders,  destruction  of  contingent  re- 
mainder as  affecting  unborn  child. 
1917A-907,  914. 

Testamentary  gifts,  conveyances  and  dis- 
tribution of  estates  as  including  child 
en  ventre  sa  mere.  7-134;  12-200; 
1916E-1034. 


EPIDEMICS. 

Public  physician,  right  to  recover  extra 
compensation  for  services.  1915D- 
1196. 


EPILEPSY. 

Concealment  as  ground  for  annulment  of 
marriage.     12-28. 

Death  by  accident  in  falling  in  a  fit  as 
proximately  due  to  accident  or  ill- 
ness.    2-734. 

Epileptic  insanity  in  criminal  cases.     18- 

428. 

Injuries  resulting  in  epilepsy,  exeessive- 
ness or  adequacy  of  verdict.  16-46; 
1913A-1380;    1916B-409. 

Workmen's  compensation,  injury  during 
fit  as  accident  arising  out  of  and 
in  course  of  employment.  1913C-9; 
1918B-788,  797. 


ENTRANCES. 

Place  of  sale  of  intoxicating  liquor, 
validity  and  construction  of  statute 
or  ordinance  regulating  entrances. 
1916B-1021. 


EQUAL  PROTECTION  OF  LAW. 

See  Constitutional  Law. 


EQUAL  RIGHTS. 

See   Civil   Rights. 


310    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


EQUIPMENT. 

Automobiles,  municipal  regulation  with 
respect    to.     1916E-1047. 

Meaning  of  term  "equip"  or  "equipment." 
1913B-198. 

Railroads,  safety  and  adequacy  of  equip- 
ment as  enforceable  by  mandamus. 
12-369. 

Eeceiver's  certificates,  issuance  to  pur- 
chase equipment.     19130-49. 


EQUITABLE  ASSIGN- 
MENTS. 

Ordinary    bank    check    as    assignment    of 
funds   of   drawer.     5-189;    1913D-418. 


EQUITABLE  CONVER- 
SION. 

Inheritance  tax,  equitable  conversion  of 
realty  into  personalty  under  will  as 
affecting  situs  for  taxation.  1915A- 
172. 

Insane  persons,  proceeds  of  sale  of  luna- 
tic's realty  as  realty  or  personalty. 
1915A-158. 

Optional  purchase  of  land,  application 
of    doctrine.     1913B-67. 

Partnership  realty,  equitable  conversion 
into  personalty.     1918E-1189. 

Time  of  conversion  of  realty  ordered  sold 
by    court.     1912A-509. 

Vendor  and  purchaser,  doctrine  as  ap- 
plicable where  vendor  dies  before 
carrying  out  contract  for  sale  of 
realty.     1914D-419. 

Will  directing  sale  of  land  at  future 
time,  when  equitable  conversion 
takes  place.  17-643;  1915D-434; 
1918B-432. 


EQUITABLE  ELECTION. 

Conflict  of  laws,  effect  in  another  juris- 
diction of  election  made  with  respect 
to  will.     1914A^46. 

Conversion  directed  by  testator,  right  of 
widow  to  benefit  by  when  she  elects 
to   take  against  will.     17-160. 

Death  of  widow  within  time  for  making 
election  between  dower  and  other  in- 
terest,  effect.     5-82. 


EQUITABLE   ELECTION— Continued. 

Husband's  election  to  take  under  wife's 
will,  sufficiency  of  acts  to  constitute. 
1916C-1204. 

Intestate  property,  election  by  widow  to 
take  under  will  as  affecting  her  right 
to.     1918B-986. 

Manner  of  exercise  by  another,  right  to 
control.     10-82S. 

Parol  evidence,  admissibility  on  issue 
of  necessity  of  equitable  election 
under  will.     1915B-56. 

Personal  representative  of  husband,  right 
to  exercise  election  under  wife's  will, 
1912B-529. 

Renunciation  of  will  by  widow,  effect 
on  rights  of  other  legatees  or  de- 
visees.    1913E-416;    1918C-412. 

"Widow  qualifying  and  acting  as  ex- 
ecutrix, effect  upon  right  of  election 
under  will.     4-1037;  6-336. 

EQUITABLE  ESTOPPEL. 

See  Estoppel. 


EQUITABLE  INTERESTS. 

Attachment,  equitable  interest  in  person- 
alty  as   subject.     11-669. 

— real  property,  equitable  interest  as  sub- 
ject  to  attachment.     1916C-786. 

Bona  fide  purchase  doctrine  as  applicable. 
1918C-455,   474,    477. 

Injunction  against  execution  sale  of  per- 
sonalty, right  of  one  having  equitable 
interest.     1918C-210. 


EQUITABLE  MORTGAGES. 

Absolute  deed  as  mortgage,  construction 
in  favor  of  third  person.     1917C-970. 

Lapse  of  time  as  affecting  right  to  have 
deed  declared  mortgage.  1914B-354; 
1918C-755. 


EQUITABLE  TITLE. 

Fire  insurance,  possession  of  equitable 
title  only  as  satisfying  requirement 
in  policy  of  sole  and  unconditional 
ownership.     191SC-136. 

Quieting  title,  right  of  holder  of  equitable 
title  to  maintain  action  against 
holder  of  legal  title.     1913B-89. 


EQUITY. 


311 


EQUITY. 


1.  Jurisdiction. 

2.  Laches. 

3.  Pleading. 

4.  Practice. 

See  Accounting;  Bills  of  Review;  Discov- 
ery; Equitable  Conversion;  Fraud;  In- 
junctions; Judgments;  Mistake;  Mort- 
gages; Quieting  Title;  Receivers;  Re- 
scission,  Cancellation  and  Reforma- 
tion;  Specific  Performance. 


1.    Jurisdiction. 

Adequate  remedy  at  law,  cancellation  of 
instrument  procured  by  fraud,  juris- 
diction   of    equity.     8-548. 

— fraud,  equitable  jurisdiction  notwith- 
standing adequate  legal  remedy.  3- 
611. 

Alimony,  inherent  power  to  decree  ali- 
mony or  maintenance  to  wife  in- 
dependently of  divorce  proceedings. 
1913D-1134. 

Assignment,  partial  assignment  of  claim  or 
demand  founded  on  contract,  recov- 
ery thereon  in  equity.     1912A-675. 

Beneficial  association,  jurisdiction  of 
equity  to  enforce  change  of  benefi- 
ciary for  valuable  consideration  not- 
withstanding noncompliance  with  reg- 
ulations.    I914r)-1135. 

Boundaries,  jurisdiction  of  equity  to  de- 
termine lines.     11-1127;   1915A-354. 

Cemetery  as  nuisance,  equitable  relief 
against.     5-136;    20-794. 

Contracts,  mistake  due  to  negligence,  re- 
lief against  contract  on  account  of. 
5-214;   11-1164. 

— profits  arising  from  illegal  contract, 
whether  court  of  equity  will  lend  its 
aid  to  division.     1913E-142. 

Corporations,  equitable  jurisdiction  of 
suits  by  corporations  or  receivers 
against  directors  or  officers  for  negli- 
gence  or  wrongful   acts.     7-1121. 

— ^inspection  of  corporate  books  by  stock- 
holder, remedy  in  equity  to  enforce. 
19-313. 

— lien  on  corporate   stock  as  foreclosable 

in    equity.     1912A-53. 
—nonresident  stockholders,  jurisdiction  to 

enforce  liability.     2-29. 


EQUITY— Continued. 

*— relief  of  stockholder  as  affected  by  ac- 
ceptance of  benefits  of  ultra  vires 
eet.    6-126. 

*— title  to  office  in  private  corporation, 
bill  in  equity  to  determine.     4-707. 

Criminal  prosecution,  power  of  equity  to 
enjoin.     1-121;    19-459. 

Dead  bodies,  contests  over  possession  and 
control  as  matter  of  equity  jurisdic- 
tion.    3-135;   1916D-331. 

Decedent's  estate,  creditor's  bill  to  en- 
force payment  of  debt  of  decedent 
where  no  personal  representative  has 
been  appointed  in  forum.     20-844. 

— settlement  of  decedent's  estates  in 
equity.     2-870. 

Discovery,  jurisdiction  of  court  to  enter- 
tain bill  to  discover  names  or  iden- 
tity of  parties  against  whom  it  is 
sought  to  institute  action.     11-578. 

Election  contest,  equity  jurisdiction. 
1912C-691. 

Frauds,  statute  of,  effect  upon  equitable 
power  to  reform  contracts.  3-781; 
18-919. 

Fraudulent  conveyance  as  to  creditor, 
whether  equity  will  aid  grantor  to 
recover.     1913E-541. 

Gambling  contracts,  relief  against.     1-154. 

Indemnity  contract,  right  to  equitable  re- 
lief.    1913D-1156. 

Infants,  estoppel  of  infant  by  misrepre- 
sentation  of  age.     4-53.6. 

— lease  or  sale  of  realty  of  infant,  power 
to   decree.     1915A-563. 

—sale  of  realty  for  education  or  mainten- 
ance when  parents  able  to  provide, 
power  of  court  of  equity.     1914B-276. 

Judgment  entered  against  party  through 
negligence  or  mistake  of  attorney, 
equitable     relief.     10-447. 

— ^procurement  by  perjured  testimony,  re- 
lief  against.     3-83;    10-1107. 

Judicial  sale,  jurisdiction  to  correct  mis- 
take in  description  of  land  sold. 
11-85. 

Jurisdiction  assumed  for  one  purpose  as 
retained  for  all  purposes.     1912A-803. 

Landlord  and  tenant,  forfeiture  for  non- 
payment of  rent,  equitable  relief 
against.     1913A-828. 

Lost  instruments,  jurisdiction  of  action 
on.     1917A-1289. 


312     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918B. 


EQUITY — Continued. 

Marshaling  assets  in  respect  to  homestead 
lands.     17-1061. 

Merger  of  estates  as  dependent  upon  in- 
tention  of  parties.     7-700. 

Mistake  of  law  of  foreign  jurisdiction, 
right  to  equitable  relief  against. 
1914C-1264. 

Multiplicity  of  actions  as  ground  for  tak- 
ing jurisdiction  of  several  actions  for 
damages  on  account  of  same  tort. 
16-694;    1914B-697;    1915B-4o2. 

New  trial,  denial  in  action  at  law,  right 
to    relief    in    equity.     21-1287. 

Partner  carrying  on  business  in  competi- 
tion with  firm,  remedies  of  aggrieved 
partner.     1916E-994. 

Penalty  for  violation  of  liquor  statutes  aa 
recoverable    in    equity.     1916E-873. 

Political  rights,  jurisdiction  to  protect. 
10-976;    1915C-989. 

Public  officers,  de  facto  officer  forcibly 
dispossessed,  right  to  equitable  re- 
lief.    1913E-736. 

Eelease,  respective  jurisdictions  of  law  and 
equity  to  avoid  for  fraud.     3-756. 

Restrictive  covenants,  change  of  circum- 
stances as  warranting  refusal  by 
court  of  equity  to  enforce  building 
restriction.     5-48. 

— covenant  not  running  with  land,  en- 
forcement against  subpurchaser  where 
covenantee  has  no  interest  in  ad- 
joining land.     1916C-492. 

— waiver  of  restrictive  agreement  as  af- 
fecting right  to  enforce  in  equity. 
1-603;    14-760;    1915B-147. 

Setoff,  nonresidence  as  ground  for  equi- 
table setoff.     6-720;   19-1042. 

Taxation,  relief  on  ground  of  nonverifica- 
tion    of   assessment-roll.     11-1122. 

— tax  collections  as  enforceable  in  equity. 
7-22. 

Taxpayers,  right  to  bill  in  equity  in  mat- 
ters of  illegal  disposal  of  public  funds 
or  property.     1913C-906. 

Usury,  jurisdiction  to  grant  affirmative 
relief  against  usurious  contract.  2- 
912. 

— relief  against  usury,  necessity  that  per- 
son seeking  should  do  equity.  1914D- 
1028. 

Vendor  and  purchaser,  misrepresentation 
innocently  ma<3e  by  vendor  of  realty 
as  effecting   his  liability.     1913C-63. 


EQUITY— Continued. 

Virtual  representation,  equitable  doctrine. 
1913C-654. 

Waste,  equitable  remedy  of  contingent  re- 
mainderman.    1912A-543. 

Way  by  necessity,  jurisdiction  to  locate. 
1916A-146. 

Wills,  construction,  jurisdiction  of  equity. 
13-2. 

— reformation  of  will,  jurisdiction  of 
equity.     15-141;    1917D-1157. 

— setting  aside  for  fraud,  jurisdiction  of 
equity.     18-807. 


2.    Laches. 

Accounting  by  personal  representative, 
lapse  of  time  as  barring  right  to 
compel.     15—483. 

Breach  of  express  covenant  not  to  en- 
gage in  same  business,  laches  as  bar- 
ring   injunctive    relief.     1916C-190. 

Contribution  between  partners  as  barred 
by  laches.     1916D-838. 

Deed  as  mortgage,  lapse  of  time  as  af- 
fecting right  to  have  it  so  declared. 
1914B-354. 

Ignorance  of  facta  as  affecting  applicabil- 
ity of  doctrine  of  laches.     19-110. 

Infringement  of  trademark  or  trade  name, 
recovery  of  profits  or  damages  as 
affected  by  laches.     18-461. 

Mandamus  proceeding,  applicability  of 
laches.     9-846. 

Quo  warranto  proceedings,  applicability 
of   doctrine   of  laches.     1914C-488.- 

Special  assessment,  delay  in  moving 
against  invalid  assessment  as  laches. 
1914A-893. 

Stale  claims,  enforcement  in  equity. 
1914B-314. 


3.    Pleading. 

Admissions  in  answers  as  evidence  against 
infant    defendants.     4-403. 

Amendment  of  equity  pleadings,  general 
rules    as    to.     1-976. 

— bill,  amendment  as  necessitating  service 
of    new  .  answer.     191SA-218. 

— filing  amended  bill  after  sustaining  de- 
murrer to  original  as  waiver  of  ob- 
jection.    19-307. 


EQUITY  OF  KEDEMPTION— ESCHEAT. 


313 


EQUITY — Continued. 

Cross-bill,  mechanics'  lien  foreclosure  pro- 
ceedings, right  to  file  cross-bill.  9- 
228. 

Inconsistent  defenses,  right  to  plead  in 
equity.     1917C-708. 

Interest  allowance,  necessity  for  demand 
in  bill.     I912A-1226. 

Limitation    statute    as    defense,    necessity 

of  pleading.     8-379. 
— refusal  by   court  of  equity  to  entertain 

plea  of  statute  of  limitations.     4-148. 

Meritorious  defense  in  equitable  action  to 
set  aside  judgment,  necessity  that 
plaintiff  plead  it.     1913E-124. 

Objection  to  overruling  of  demurrer  as 
waived  by  filing  other  pleading. 
1913B-388. 

4.    Practice. 

Appeal,  costs  inter  partes,  in  equity  case, 
review    of    allowance.     21-802. 

— decree  for  costs  only,  review  of.  6- 
100. 

— oral  evidence,  mode  of  preserving  for 
purpose    of    review.     1913A-529. 

— statement  of  reasons,  requirement  in 
equity  causes.     1914D-522. 

Consolidation  of  suits,  effect  as  to  judg- 
ments entered.     3-535. 

Demurrer  to  evidence,  propriety.  1913A- 
283. 

Dismissal  of  bill,  complainant's  right  to 
dismiss  without  order  of  court.  5- 
850. 

— voluntary  dismissal,  right  to.  1917A- 
1185,    1195,    1196;    1918E-1186. 

Election  of  remedies  as  between  law  and 
equity.     1914B-1218. 

Exemplary  damages,  power  of  court  of 
equity    to    award.     15-547. 

Intervention,  right  of  contract  creditors 
to  intervene   in  equity.     3-1091. 

Jury,  counterclaim  in  equitable  action, 
right  of  defendant  to  jury  trial. 
1914C-852. 

— equitable  defense  interposed  in  action 
at  law,  right  to  jury  trial.  1913D- 
168. 

Newly  discovered  evidence,  forgotten 
facts  as  ground  for  bill  of  review. 
17-319. 


EQUITY— Continued. 

Nonsuit,  appropriateness  in   equity  cause. 
5-211. 

Parties,  new  parties,  right  to  bring  in  by 
cross-bill.     20-1151. 

Eeference,  right  to  order  compulsory  ref- 
/    erence      independently      of      statute. 
1912D-1136. 


EQUITY  OF  REDEMPTION. 

See  Mortgages. 

Devisability   of    equitable  right   to   recon- 
veyance of  land.     1912B-39. 

ERASURES. 

See  Alteration  of  Instruments. 


ERECTION. 

Meaning    of    phrase    "erection,    repairing, 
altering   or  painting."     18-623. 


ERROR. 

See  Appeal  and  Error;  Coram  Nobis. 


ESCAPE. 

Accused's  failure  to  attempt  as  admissible 
in    evidence.     5-311. 

"Crime"  for  conviction  of  which  witness 
may  be  impeached.     1916A-276. 

Criminal  liability  as  depending  on  law- 
fulness   of   imprisonment.     1912C-757. 

Flight  of  accused  person  admitted  to  bail, 
admissibility  of  evidence.     18-901. 

Person  convicted  of  crime  as  affecting  his 
•    proceedings    for    review.     3-512;    13- 
497. 

Kecontinement  of  recaptured  criminal  for 
remainder  of  sentence.     3-416. 

Voluntary  escape,  what  constitutes,  and 
liability  for.     1913C-694. 

•—negligent  as  distinguished  from  vol- 
untary escape.     1913C-697. 


ESCHEAT. 

Bank  deposits,  escheat  of.     1914B-157. 

Presumptions     and     burden     of     proof    in 
proceedings    to    establish.     1913E-383. 

Property     subject     to     escheat    to     state. 
1912D-382. 


314    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


ESCROW. 

Actual  contract  between  parties,  necessity 
to  constitute  escrow.     1912B-1343. 

Condition  upon  which  deed  is  delivered, 
necessity  that  it  be  in  writing.  16— 
97. 

Deed  deposited  with  third  person  to  be 
delivered  after  grantor's  death,  ef- 
ficacy.    1915C-378,    385,    338. 

Delivery  of  instrument  to  agent  of  per- 
son to  be  benefited  as  constituting 
delivery  in  escrow.     19-250. 

— wrongful  delivery  to  person  not  en- 
titled to  property,  liability  of  escrow 
holder  or  depositary.     1915A-277. 

Instruments  to  which  term  may  be  ap- 
plied.    1916B-1030. 

delation  back  to  first  delivery  of  deed, 
application  of  doctrine  to  defeat  inter- 
vening  claims  of  creditors.     16-1132. 

"Stranger,"  meaning  of  term  in  law  of 
escrow.     1912D-1190. 

Unauthorized  delivery  by  escrow  holder, 
effect  on  rights  of  parties.  1917E- 
435,  458. 


ESPIONAGE. 

Validity    of    Espionage   Act.     1918B-1011. 


ESTATES. 

See.  Curtesy;  Deeds;  Descent  and  Distribn. 
tion;  Dower;  Entirety;  Estates  Tail; 
Executors  and  Administrators;  Life 
Estates;  Taxation;  Tenants  in  Com- 
mon; WiUs. 

Ancestral  or  nonancestral  estate,  char- 
acter as  determined  by  legal  or 
equitable    title.     1914C-407. 

— conditional  estate,  words  merely  de- 
claratory of  purpose  or  consideration 
of  conveyance  or  devise  as  creative. 
3-38;    12-227;    1916B-606. 

Cotenancy,  nature  of  estate  resulting  from 
creation.     1917B-57. 

Devise  with  limitation  over  in  case  of 
marriage  as  conveying  determinable 
life  estate  or  determinable  feq. 
1915B-1238. 

"Interest,"  term  as  denoting  estate  when 
used  with  respect  to  transfer  of 
property  right.    1912B-524. 


ESTATES — Continued. 

Life  estate  with  absolute .  power  of  dis- 
position, character  of  estate  created 
by  grant  or  devise.  9-947;  1916D- 
400. 

Merger  of  estates  as  dependent  upon  in- 
tention of  parties.     7-700. 

— easement  of  light,  merger  as  affecting. 
12-303. 

— ground  rents  as  extinguished  by  mer- 
ger.    8-996. 

— life  tenant  also  trustee  of  property, 
merger    of    estates.     1917A-320. 

Present  estate  conveyed  to  grantee  not  in 
existence,  validity  and  effect.  18- 
871;  1916D-864. 

— deed  to  become  effective  upon  death 
of  grantor  as  passing  present  or 
future     interest.     1916D-997. 

Bailroad,  nature  of  estate  in  land  pur- 
chased  for    right    of    way.     13-432. 

Severance  of  surface  and  mineral  estates, 
resulting  rights  of  mine  owner. 
1913B-1106. 

Testamentary  gift  of  "estate"  as  re- 
stricted to  personalty.     3-420. 

Vesting  of  estate,  computation  of  time, 
"from"  as  word  of  inclusion  or  ex- 
clusion.    15-59;  1918A-927. 

Water-power  grant,  nature  of  estate. 
1916D-1018. 


ESTATES-TAIL. 

Adverse  possession  against  tenant  in  tail 
as  barring  recovery  by  issue  in  tail 
and  tenant   in   tail.     1912B-61. 

Barring  or  defeating  in  American  juris- 
dictions.    1912B-56. 

Descent  and  distribution,  effect  of  statute 
regulating  descents.     1912B-59. 

Devise  over,  character  of  estate  created. 
7-955. 

— effect  of  devise  limited  upon  indefinite 
failure  of  issue.     6-648. 


ESTHETICS. 

Municipal  regulation  of  billboards  and 
signs  grounded  on  esthetic  consid- 
erations.    1913D-959. 


ESTIMATED  REVENUE— ESTOPPEL. 


315 


ESTIMATED    REVENUE. 

Legal    meaning    of    term.     1918B-206. 


ESTIMATES. 

Actual  measurement  and  estimate,  com- 
parative  weight.     19160-573. 

Architect's  estimate   of  cost,  liability  for 

error.     1915C-874. 
— compensation  as  dependent  on  estimate 

of  cost  of  structure.     16-985  j   19150- 

878. 

Meaning  of  term  "estimate,"  "estimated," 
"estimation."     1913B-850. 

Measurements  by  nonexpert  as  basis  of 
estimate,  admissibility  in.  evidence. 
18-1175. 


ESTOPPEL. 

1.  By  Deed. 

2.  In  Pais  or  Equitable  Estoppel. 

3.  Jurisdiction   and  Procedure. 

1.    By  Deed. 

Executors  and  administrators,  conveyance 
by  personal  representative,  as  such, 
of  property  of  estate  as  estopping 
him  to  claim  individual  interest 
therein.     20-76. 

Grantee  or  privies,  estoppel  to  allege 
name  in  which  grantee  took  title  as 
not  true  name.     1912C-620. 

Grantor  in  deed  to  alien,  estoppel  to 
deny  grantee's  title  on  ground  latter 
cannot    hold    property.     13-532. 

Homestead,  conveyance  by  husband  alone 
as  estopping  husband,  though  invalid 
as    to    wife.     1917A-78. 

— doctrine  of  estoppel  as  applicable  to 
alienation  or  incumbrance  of  home- 
stead without  consent  of  wife.  9-14; 
15-1122. 

Married  woman,  defective  acknowledg- 
ment, estoppel  to  deny  validity  of  in- 
strument   on    ground    of.     1918E-636. 

— joinder  with  husband  in  bargain  and 
sale  deed  of  his  land,  estoppel  to  set 
up  after-acquired  title.  1916A-797, 
806. 

— want  of  acknowledgment,  estoppel  to 
deny  validity  of  instrument  on  ground 
of.     1918C-651. 


ESTOPPEL— Continued. 

Mortgages,  estoppel  of  pareliaser  assum- 
ing existing  mortgage,  to  deny  its 
validity.     1914A-185. 

Remainderman,  estoppel  to  repudiate  sale 
of  property  by  life  tenant.  1915A- 
1001. 

Stranger  to  deed  as  estopped  by  ro- 
recitals  therein.     1915A-100. 

Tenant  in  common,  estoppel  to  deny  val- 
idity of  conveyance  of  specific  parcel 
of  common  property  by  cotenant. 
1912B-836. 


2.    In  Pais  or  Ectuitable  Estoppel. 

Agency,  estoppel  of  agent  to  deny  title 
of  principal  to  moneys  or  property  re- 
ceived in  course  of  his  agency.  8- 
570. 

Association,  estoppel  to  deny  membership 
of    individual.     17-1146. 

Bailment,  denial  of  title  of  bailor  to  thing 
bailed,  estoppel  of  bailee.  19-521; 
1918E-1201. 

Bank,  estoppel  to  impeach  account  stated 
in    pass-book.     18-331. 

Bankruptcy,  estoppel  of  claimant  for 
wages  to  assert  preference.  1916B- 
352. 

— setoff  or  counterclaim,  estoppel  of 
bankrupt  to  claim.     1916C-988. 

Beneficial  association,  estoppel  to  deny 
forfeiture  of  benefit  certificate  for 
violation  of  contract  of  insurance 
other  than  failure  to  pay  assessments 
or   dues.     12-639;   1918D-305. 

Bills  and  notes,  negotiable  paper  drawn 
so  negligently  as  to  render  forgery 
easy,  estoppel  of  party  to  set  up 
fraudulent  alteration  as  against  bona 
fide  holder.     16-774. 

— renewal  note,  giving  as  estoppel  to  set 
up  failure  or  want  of  consideration. 
1916A-826. 

Contracts,  Sunday  contract,  principle  of 
estoppel  as  applicable  to  rights  of 
parties  under  void  contract.  1916E- 
467. 

Corporation,  consolidation  of  corporations, 

estoppel  of  stockholder  to  object.    19- 

1269. 
— defendant     in     action     by     corporation, 

estoppel  to   deny   corporate  existence. 

1914C-1250. 


316     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


ESTOPPEL— Continued. 

— foreign  corporation,  noncompliance  with 
statute,  estoppel  to  set  up  as  defense 
against  action  on  contract.  2-67;  13- 
514;    1914A-709. 

— stockholder  as  estopped  to  deny  cor- 
porate   existence.     1915A— 411. 

— subscriber  to  corporate  stock,  estoppel 
to  object  to  alteration  in  charter  or 
change  in  corporate  design.  1918A- 
92,    100. 

— transfer  of  corporate  stock,  estoppel  of 
owner  to  assert  liability  of  corpora- 
tion.    1913E-1177. 

— ultra  vires  acts,  acceptance  of  benefits 
of  acts  as  constituting  estoppel.  6- 
126. 

Depositary  of  public  funds,  estoppel  to 
deny   designation.     1916B-1242. 

Divorce,  remarriage  as  estopping  right  to 
attack    divorce    decree.     1917E-125. 

Dower,  silence  as  estopping  claim.  1912B- 
96. 

— joinder  in  deed  with  husband  as  estop- 
pel to  set  up  claim  in  after-acquired 
title.     1916A-800. 

Elections,  estoppel  of  voter  participating 
in  election  to  question  its  validity. 
13-1136. 

Eminent  domain,  acceptance  of  condemna- 
tion award  as  estoppel  of  land  owner. 
1915D-821. 

— validity  of  statute,  estoppel  to  attack 
by  instituting  proceedings  thereunder. 
1915B-1049. 

Employers'  liability  insurance,  estoppel  of 
company  to  deny  liability  under  con- 
tract.    1912D-909. 

Escrow,  estoppel  to  deny  unauthorized  de- 
livery.    1917E-444. 

Estoppel    against    estoppel.     5-845. 

Forgery  unavailable  as  a  defense,  when. 
1-181;    1912C-n590. 

Gasworks  as  nuisance,  estoppel  to  object. 
21-1252. 

Guaranty,  estoppel  of  bank  to  deny  lia- 
bility   on.     1916D-560. 

Husband  and  wife,  estoppel  of  man 
representing  woman  as  wife  to  deny 
liability  for  purchases  by  her. 
1913D-1062. 

— -wife  permitting  husband  to  retain  rec- 
ord title  to  her  realty  as  estopped 
to    deny    such    title    as    against    one 


ESTOPPEIi — Continued. 

extending  credit  to  husband.     1914C-' 
1066;    1915D-634,    652;    1918E-1199. 

Infants,  estoppel  by  misrepresentation  as 
to  age.     4-535. 

Insurance,  estoppel  of  insurer  to  rely  on 
limitation  on  agent's  authority  to 
waive  conditions  in  policy.  1914A- 
590. 

— fire  insurance  company,  estoppel  to  sus- 
pend policy  for  nonpayment  of  in- 
stalment premium.     12-628. 

— ^life  insurance  company  by  declaring 
forfeiture  as  estopped  to  claim  lapse 
of  policy  for  nonpayment  of  premium. 
1916A-541. 

Judgment,  person  assisting  prosecution 
or  defense  of  action  as  estopped  by 
judgment.     1916E-154. 

Judicial  sale,  estoppel  of  purchaser  as 
affecting  right  to  redeem  therefrom 
after  expiration  of  statutory  period. 
1913E-1190. 

Landlord  and  tenant,  conveyance  of 
premises  by  landlord  during  tenancy, 
estoppel  of  tenant  to  show.  19120- 
349. 

— crops,  estoppel  of  landlord  to  deny  ten- 
ant's right  to  gather  after  termina- 
tion  of   lease.     9-1141. 

— tenant  in  possession  prior  to  lease,  es- 
toppel to  deny  landlord's  title,  4- 
lOS;  1913A-1069, 

— title  of  landlord,  estoppel  of  tenant  to 
deny  in  action  by  landlord  to  recover 
possession    of    premises.     1912D-101. 

Licensee  incurring  expense  as  estopping 
licensor  from  revoking  license.  7- 
706;    13-843;    1913  A-74. 

Limitation  of  actions,  pleading  of  stat- 
ute as  estopped  by  conduct  not 
amounting    to    fraud.     9-755. 

Master  and  servant,  estoppel  of  employer 
to  assert  that  employee  is  inde- 
pendent contractor.  19-6;  1918C- 
632. 

— failure  of  master  to  comply  with  statu- 
tory regulation  as  estoppel  against 
invoking  fellow-servant  doctrine. 
10-43. 

Mechanic's  lien,  subcontractor  as  es- 
topped from  claiming  by  his  repre- 
sentations inducing  payment  to  con- 
tractor.    1916D-1068. 


ESTOPPEL. 


317 


ESTOPPEL — Continued. 

Municipal  corporation,  acts  of  munici- 
pality, estoppel  to  deny  validity. 
1-326. 

— contract  under  void  statute,  estoppel 
of  municipality  to  deny  validity. 
2-403. 

— franchise,  estoppel  of  municipality  to 
deny  validity.     1916B-1272. 

— lapse  of  time  as  estopping  right  to 
bring  action.     20-429. 

— opening  street,  estoppel  of  city  to  open. 
1915B-406. 

— ^railroad  construction,  acquiescence  as 
estopping  municipality  from  com- 
pelling removal  from  streets.     11-295. 

Names,  delivering  papers  or  documents 
to  person  of  same  name  as  working 
estoppel    against    owner.     1917A-562. 

Nuisance,  acquiescence  or  consent  to 
erection  of  structure  as  precluding 
objection  thereto  as  nuisance.  1916C- 
1235. 

K'  Ostensible  partner,  persons  as  to  whom 
he  is  estopped  to  deny  partnership 
relation.     10-135. 

Partition,  estoppel  of  purchaser  of  tract 
allotted  to  party  in  partition  pro- 
ceedings to  deny  title  of  another 
party  to  another  part  of  land  di- 
vided.    1915A-949. 

Power,  estoppel  of  donee  from  voluntary 
exercise.     1913C-424. 

Public  contract,  receipt  of  payment  under 
United  States  contract  as  estoppel 
against  claim  of  contractor  for  addi- 
tional  compensation.     1918E-17. 

Public  officer,  estoppel  to  deny  validity 
of  statute  by  accepting  compensa- 
tion   thereunder.     1917C-284. 

Eecordation,  delay  in  recording  instru- 
ment   as    working    estoppel.     7-367. 

Special  assessment,  estoppel  of  property 
owner  to  attack  validity.  1915B- 
753. 

— lien  of  assessment,  estoppel  to  main- 
tain action  to  remove  as  cloud  on 
title.     1914A-893. 

I  State,  de  facto   municipality,   estoppel   of 
state   to   question   validity.     12-261. 
—inconsistent       positions,       estoppel       of 
state   to   take.     1914A-229. 
St! 


Statute    or    ordinance,    estoppel    to    ques- 
tion  validity.     19-181;    1915C-61. 


ESTOPPEL — Continued. 

Streets  and  highways,  change  of  grade, 
joinder  in  petition  as  estoppel  to 
claim  compensation  for  resulting 
damage.     20-876. 

Subscriptions,  estoppel  to  rely  on  condi- 
tions.    1913B-434. 

Suretyship,  bond  of  public  officer,  estop- 
pel of  surety  to  attack  validity  of 
appointment    or    election.     21-786. 

— estoppel  of  creditor  as  against  surety 
by  informing  him  debt  is  paid  or  set- 
tled,    1914B-57. 

Taxation,  action  by  taxpayer  for  relief, 
estoppel  against.     1913C-898. 

— return  of  property  for  taxation,  estop- 
pel of  taxpayer  to  dispute  assess- 
ment based  thereon.  7-866;  17-1031; 
1916C-230, 

— validity  of  tar,  estoppel  to  question. 
1916C-225. 

Trusts,  silence  by  cestui  que  trust  as  ac- 
quiescence in  breach  of  trust  by 
trustee.     1914C-748. 

Vendor  and  purchaser,  executory  con- 
tract of  sale,  estoppel  of  purchaser 
to    deny   vendor's   title.     1912C-404. 

— ^false  representations  innocently  made 
by  vendor,  liability  of  vendor. 
1913C-63. 

— implied  vendor's  lien,  estoppel  to  as- 
sert.    20-578. 

Violation  of  statute,  right  of  one  who 
has  violated  statute  to  complain  of 
violation     by    another.     1914A-o39. 

Waters  and  watercourses,  diversion  and 
use  of  water,  estoppel  as  defense  to 
suit    to    restrain.     2-786;    1914B-996. 

Wills,  beneficiary  as  estopped  to  object 
to  disposition  by  testator  of  property 
of  beneficiary  by  latter's  acceptance 
of  benefit  under  will.  9-956;  21- 
556. 

— contest  of  will,  estoppel  of  beneficiary 
by  accepting  benefit  thereunder 
where  property  is  subsequently  re- 
turned.    1913E-1182. 

— probate  of  will,  estoppel  to  seek. 
1918A-1200. 

— validity  of  will,  acceptance  of  bene- 
fits under  will  as  precluding  right  to 
attack.     3-525. 


^8     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918B. 

ESTOPPEI.— Continued. 

3.    Jurisdiction  and  Procedure. 


Appeal,  inconsistent  attitude  with  that 
taken  in  lower  court,  estoppel  of 
party.     8-487. 

Criminal  law,  application  of  doctrine  of 
estoppel.     3-844. 

Evidence,  right  to  show  estoppel  under 
general    denial    in    replevin.     20-300. 

Jurisdiction  of  court,  denial  by  litigant 
as  estopped  by  previous  acts  or  con- 
duct admitting  jurisdiction.  14- 
1044. 

Pleading  specially,  necessity  in  action 
to  recover  real  property.  1914C- 
1137. 

Question  of  law  or  fact,  estoppel  in  pais 
as.     1913A-1072. 


ESTOVERS. 

Dower  land,  right  of  widow  to  cut  trees. 
20-973. 


ESTRAYS. 

Meaning    of    term     "estray"     as    applied 
to  enimalg.    9--284;  1912B-1081. 


EVIDENCE. 

1.  Admissibility  of  Evidence. 

2.  Judicial   Notice. 

3.  Presumptions. 

4.  Burden  of  Proof. 

5.  Documentary  Evidence  Generally. 

6.  Demonstrative  Evidence. 

7.  Best  and  Secondary  Evidence. 

8.  Parol   Evidence    Explaining,    Varying 

or  Contradicting  Writing. 

9.  Expert  and  Opinion  Evidence. 

A.  Expert  Evidence. 

B.  Opinion  Evidence. 

10.  Hearsay. 

11.  Ees  Gestae. 

12.  Relevancy. 

13.  Testimony  in  Former  Proceedings. 

14.  Weight   and   Suflaciency. 

A.  Degkee  of  Pkoof. 

B.  Weight  op  Evidence. 

C.  Sufficiency   of  Evidence. 

15.  Practice  in  Taking  Testimony. 

See  Admissions  and  Declarations;  Con- 
fessions; Depositions;  Discovery; 
Dying  Declarations;  Particular  Ac- 
tions and  Proceedings;  Witnesses. 


ET  AL. 

Substitution  of  phrase  in  place  of  names 
in  process,   pleadings,    etc.     14-571. 


ETC. 

Legal     meaning     of     abbreviation     "etc. 
1912C-172. 


EUGENICS. 

[Validity     of      eugenics     statute.     1916B- 
1051 


EVERYTHING. 

Legal  meaning  of  term.     1915A-28. 

EVICTION. 

See  Landlord  and  Tenant. 


1.  Admissibility  of  Evidence. 

Absent  witness,  admissibility  of  evidence 
to   explain   absence.     1912B-1014. 

— proposed  testimony  of  absent  witness, 
admission  as  violation  of  constitu- 
tional   rights    of   accused.     1913C-490. 

Acts  or  statements  of  execution  or  at- 
tachment defendant,  admissibility  on 
issue  of  title  to  personalty  levied  on 
while   in   his   possession.     1914D-690. 

Age  of  another  person,  competency  of 
witness   to   testify   to.     1918A-262. 

• — own  age,  competency  of  witness  to  tes- 
tify  to.     16-592;    1918B-427. 

Alienation  of  affections,  evidence  admis- 
sible in  action  by  wife.  6-664; 
1912C-1181;    1916C-751. 

»— parent,  admissibility  of  evidence  in  ac- 
tion against.     1917E-1020. 

• — relative  other  than  parent  or  guardian, 
admissibility  of  evidence  against. 
1917E-1029. 


EVIDENCE. 


319 


EVIDENCE— Continued. 

— separation  of  spouses,  evidence  of  acts 
committed   thereafter.     1917D-484. 

Animals,  peaceable  disposition  of  animal 
in  action  for  injuries  caused  by  it, 
admissibility.     1914B-1276. 

Arrest,  motion  to  vacate  in  civil  action, 
affidavits  or  other  evidence  admissi- 
ble.    1915A-1281. 

Bankruptcy,  discharge  in  bankruptcy, 
mode  of  proof  in  state  court. 
1914A-1104. 

— improbable  testimony  by  bankrupt. 
1917B-1096. 

Bloodhound  evidence.  3-897;  10-1127; 
1912D-39;    1915A-1193. 

Burglary  insurance,  evidence  in  action 
on  policy.     1913C-11S0. 

Conflict  of  laws,  law  governing  admissi- 
bility   of    evidence.     1915B-844. 

Confusion  of  goods,  admissibility  of  evi- 
dence in  action  to  recover  for  tor- 
tious or  wrongful  confusion.  1913E- 
673. 

Contempt  proceedings  in  federal  court, 
manner  of  taking  and  burden  of 
proof.     1915D-10o9. 

Coroner's  inquests,  evidence  given  by  de- 
fendant, admissibility  in  criminal 
prosecution.     3-517. 

—impeachment  of  witness,  evidence 
given  as  admissible  for  purpose. 
16-688. 

Corporations,  value  of  corporate  stock, 
what  admissible  to  prove.  1915C- 
64. 

Criminal  conversation,  evidence  in  action 
by  wife.     1916C-751. 

— proof  of  marriage  in  action  for. 
1917A-755. 

Dead  bodies,  evidence  admissible  to  es- 
tablish   identity.     1918C-697. 

— power  of  court  to  order  exhumation  for 
evidentiary    purposes.     1916D-331. 

Death  by  wrongful  act,  evidence  admis- 
sible in  case  of  death  by  intoxica- 
tion.    1917B-542. 

— inheritance  by  plaintiff  from  deceased, 
admissibility  of  evidence.  19I6D- 
340. 

Dentists,  evidence  against  in  action  for 
injuries    to    patient.     1918C-1191. 

Detective,  competency  of  evidence  of 
private  detective.     1917A-589. 


EVIDENCE— Continued. 

Divorce,  condonation,  evidence  in  action 
for  divorce.     1918A-661,  668. 

— paramour,  admissibility  of  testimony 
in  action  on  ground  of  adultery. 
1913A-1240. 

False  imprisonment,  evidence  admissible 
in  mitigation  of  damages.  1914A- 
1018. 

Finger-prints,  admissibility  and  suffi- 
ciency.    1917A-417. 

Footprint,  evidence  obtained  by  requir- 
ing defendant  to  furnish  shoe  to 
compare  with  footprint,  admissi- 
bility.    9-655;   1917B-237. 

Foreign  laws  as  provable  by  testimony 
of  lawyers.     20-1339. 

Forgotten  facts,  admissibility  of  testi- 
mony of  statement  made  to  witness 
by  another,  where  latter  admits  facts 
but  has  forgotten  facts  stated.  12- 
■       706. 

Futures,  intention  of  parties  with  respect 
to  contract  of  sale  for  future  de- 
livery, admissibility  to  determine 
whether  gambling  contract.     11--441. 

Identity,        extrajudicial        identification. 

1914B-700. 
— ^identification   by   voice.     14-82;    20-403. 

Illegitimacy,  entry  in  family  Bible,  ad- 
missibility on  issue  of  legitimacy. 
1915B-377. 

( — nonaccess  of  husband,  admissibility  of 
testimony  of  married  woman  to 
prove.     6-816;    15-764. 

Intoxicating  liquors,  penalty  for  viola- 
tion of  liquor  statute,  evidence  ad- 
missible  in   action   for.     1916E-874. 

! — possession  of  intoxicating  liquor  as 
evidence  of  possessor's  guilt  of  of- 
fense charged.     1916E-783. 

: — recovery  of  price  of  liquors  illegally 
sold,  "evidence  admissible  in  action. 
7-363. 

Juvenile  courts,  evidence  in  proceedings. 
1916E-1016. 

Knowledge  of  another  person,  competency 
of   witness   to   testify   to.     21-1074. 

Letters,  self-serving  letter  sent  in  gen- 
eral course  of  business,  admissibility 
1917D-790. 

Master  and  servant,  action  by  servant 
against  master  for  injuries  by  saw 
operated  by  machinery,  evidence  ad- 
missible.    1913C-138. 


320    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


EVIDENCE — Continued. 

Mental  guffering,  necessity  and  compe- 
tency   of    evidence.     1912B-538. 

Mortality  tables,  admissibility  in  action 
for  death  by  wrongful  act  to  show 
probable  duration  of  life.  12-425; 
1918A-1021. 

—introduction  in  evidence  as  prerequisite 
to  recovery  of  damages  for  wrongful 
death.     1914C-685. 

Negligence,  violation  of  ordinance,  ad- 
missibility of  ordinance  not  pleaded, 
in  order  to  prove  negligence.  16- 
1064. 

Privilege  claimed  by  witness  in  criminal 
case,  admissibility  of  evidence  show- 
ing  fact   in   civil   case.     1917E-879. 

Race  to  which  person  belongs,  evidence 
admissible  to  show.  1914A-461; 
1916E-305. 

Rape,  complaints  of  injured  person  ijj 
actions  for  rape  or  criminal  assault, 
admissibility.     2-234;    11-99. 

Bobbery,  matters  admissible  in  prosecu- 
tion for  assault  with  intent  to  com- 
mit.    1918A-416. 

Sales,  breach  of  warranty  on  sale  of 
seed,  evidence  admissible  in  action 
for.     1918B-87. 

' — value  of  property  transferred,  admissi- 
bility of  evidence  in  action  to  have 
bill  of  sale  declared  mortgage.  11- 
327. 

Search  or  seizure,  admissibility  of  evi- 
dence secured  by.  15-1205;  1915C- 
1182. 

Steam,  injuries  resulting  from  generation 
or  use,  admissibility  of  evidence. 
1915D-853. 

Telegram    received   in   reply   to    telegram, 

admissibility.     16-394. 
— self-serving    telegram    sent    in    general 

course      of      business,      admissibility. 

1917D-790. 

Temperate  or  intemperate  condition  of 
person,  competency  of  witness  to  tes- 
tify.    13-253. 

Torrens  Acts,  evidence  in  proceedings 
ujider.     12-836;    1913C-873. 

Trespass,  benefit  to  owner,  admissibility 
of  evidence  in  mitigation  of  damages. 
20-925. 

Unconscious  performance  of  physical  act 
as  result  of  constant  repetition. 
1913A-1143. 


EVIDENCE— Continued. 

Unreasonable  testimony,  withdrawal  from 
consideration  of  jury.  15-1187; 
1917B-473. 

— improbable  testimony  by  bankrupt. 
1917B-1096. 

Unsuccessful  search  for  witness,  evidence 
admissible    to    show.     8-468. 

Verdict,  affidavits  of  jurors  as  evidence 
that  verdict  returned  or  entered  dif- 
fered from  verdict  actually  found. 
3-401;   1912A-120_5;   1918E-287. 

Vessel  owner's  liability,  evidence  in  pro- 
ceeding  to   limit.     1913D-1235. 

Veto  by  executive,  evidence  of.     19-837. 

Wills,  foreign  probate  of  will,  conclu- 
siveness in  domestic  courts,  9-424; 
14-977. 

.— ^evidence,  foreign  probate  as.  1918A- 
616. 

.— unprobated  will  as  evidence.  1916A- 
887. 

2.    Judicial   Notice. 

Abbreviations,  judicial  notice  of.  17- 
492. 

Appeal,  raising  question  of  judicial  notice 
on  appeal  for  first  time,  right  of. 
1914D-196. 

Beer  as  intoxicating,  judicial  notice. 
1914C-874. 

Census    reports,    judicial    notice.     9-883. 

Constitutional  amendment,  judicial  notice 
of  proceedings  for  adoption.  1917D- 
1031. 

Elections,  local  option  elections,  judicial 
notice    of.     18-191;    1915C-333. 

Geographical     facts,     judicial     notice     of. 

12-927. 
Federal    oflScers,   judicial   notice   by   state 

courts.     18-365. 
— statutes,    judicial    notice    by    state    or 

provincial    courts.     19-395. 

Judges  of  lower  court,  judicial  notice 
by    appellate    court.     1914A-34. 

Legislative  journals,  judicial  notice  of 
contents  on  issue  as  to  enactment 
of    statute.     20-449;    1916E-1284. 

Local  conditions,  right  of  court  to  give 
effect   to   its   knowledge.     1915B-557. 

Loss  of  earning  capacity  through  per- 
sonal injury,  judicial  notice.  1916B- 
337. 


EVIDENCE. 


321 


EVIDENCE— Continued. 

Mortality  tables,  judicial  notice  of. 
1918B-415. 

Municipal  ordinances,  judicial  notice.  5- 
614;    1914C-1232. 

Natural  laws  relating  to  human  beings, 
judicial    notice    of.     18-586. 

Other  causes,  judicial  notice  of  proceed- 
ings in.  12-537;  1913A-M0;  1915B- 
651. 

Speed  of  railroad  train  or  street-car,  in- 
ference from  distance  run  after  acci- 
dent and  efforts  to  stop  as  matter  of 
judicial   notice.     15-949. 

Statute  requiring  court  to  take  judicial 
notice  of  certain  matters,  validity 
and    construction.     1914D-542. 

Time,  judicial  notice  of  matters  relating 
to.     21-350. 

Treaty  with  foreign  power,  judicial 
notice   of.     1915C-967. 

Usage  or  custom,  judicial  notice  of.  12- 
430;    1912A-397 


3.    Presumptions. 

Accident,  presumption  from  unexplained 
disappearance    of   person.     1912C-901. 

Acknowledgments,  deputy  taking  ac- 
knowledgment, presumption  as  to  due 
appointment  and  qualification.  3- 
299. 

— impeachment  of  acknowledgment,  pre- 
sumptions and  burden  of  proof.  7— 
250. 

— legality  of  certificate,  presumption  as 
to.     1917A-369. 

Age  of  another,  presumption  that  person 
knows.     1912D-975. 

Alteration  or  interlineation  in  deed,  pre- 
sumption as  to  when  made.  1914B- 
1090. 

Appeal,  incompetent  evidence  admitted 
in  trial  without  jury  as  presump- 
tively disregarded  by  court.  1917C- 
663. 

Arbitration  and  award,  presumption  that 
arbitrators  considered  all  matters 
submitted.     1916A-353. 

Assignment    for    benefit    of    creditors,    as- 
sent   of    creditors,    rebuttal     of    pre- 
sumption   as    to.     1913A-821. 
Index  to  Notes — 21 


EVIDENCE— Continued. 

Attorneys,  contract  for  compensation 
after  fidficiary  relation  established, 
presumption  as  to  invalidity. 
1917A-535,   549. 

Automobile,  driver  presumptively  acting 
within  scope  of  employment  as  re- 
buttable by  evidence.     1918D-1134. 

Bailment,  presumption  from  loss  of 
goods  in  possession  of  bailee.  1-23; 
21-842. 

Bigamy  prosecution,  presumptions  and 
burden    of   proof.     1913E-268. 

Bills  and  notes,  execution  of  promissory 
note  as  raising  presumption  that 
payee  is  not  indebted  to  maker. 
1914B-384;    1914C-879. 

— place  of  indorsement  of  negotiable  in- 
strument.    5-160. 

— renewal  note,  presumption  as  to  dis- 
charge of  original  note.  1915A- 
1087. 

Burglarious  intent  in  entering  house,  pre- 
sumption as  to.     1913C-519. 

Carriers  of  goods,  connecting  carriers, 
injury  to  goods  carried,  presumption 
as    to    liability.     3-584. 

Carriers  of  passengers,  collision  resulting 
in  injuty  to  passengers,  presumption 
of  negligence  from.  4-10;  191 7C- 
634. 

— derailment  of  train  or  car  as  evi- 
dence   of    negligence.     1913E-552. 

Celibacy,  presumption  of  existence. 
1915C-1061. 

Chastity  and  good  repute  of  woman  in 
prosecution  for  seduction,  presump- 
tion  of.     17-89;    1916A-200. 

Checks,  presumption  arising  from  deliv- 
ery.    1913D-1203. 

Corporations,  contract  executed  by  presi- 
dent as  presumptively  authorized  by 
corporation.     1917A-360. 

— corporate  existence,  presumption  of 
continuance.     1916B-1013. 

Death  presumed  from  absence,  facts 
which  must  be  shown  in  connection 
with  absence  to  establish  presump- 
tion.    7-^573;    14-242;    1918D-758. 

—less  than  seven  years'  absence,  facts 
suiRcient  to  raise  presumption  of 
death.     1916B-67. 

— time  of  occurrence  of  death  within  rule 
as   to   presumption   of   death.     1917A- 


322    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


EVroENCE— Continued. 

Decedent's  estate,  presumption  as  to 
regularity  of  probate  '  or  adminis- 
tration proceedings  arising  from  lapse 
of  time.     1913A-1038. 

Dedication  as  presumed  from  use  of  high- 
way.    1914D-335. 

Deeds,  delivery,  presumption  as  to  date 
where  dates  of  deed  and  certificate 
of    acknowledgment    differ.     15-151. 

—grantor's  possession  of  deed  at  time 
of  death,  facts  aiding  or  rebutting 
inference   from.     1914C-859. 

Elevator,  fall  as  presumptively  negli- 
gence  of  owner  or   operator.     8-976. 

Escheat,  proceeding  to  establish,  presump- 
tions  in.     1913E-383. 

Exemption  of  property  from  execution, 
presumption  as  to  statutory  exemp- 
tion.    1914A-245. 

Figures,  precise  correspondence  of  figures, 
inference  which  may  be  drawn  from. 
1915B-1191. 

Fire  communicated  by  railroad  engine, 
presumption  of  negligence  arising 
from.     1-815;    16-882;    1913E-971. 

Foreign    law,    knowledge    of,    presumption 

as  to.     1916D-1072. 
— similarity   of   foreign   statutes   to   those 

of    domestic    forum,    presumption    of. 

1-459. 

Fraud,  presumptions  and  burden  of  proof 
as   to.     1-809. 

Heirs  or  issue,  presumption  as  to  exist- 
ence.    1915C-1061. 

Husband  and  wife,  authority  of  wife  to 
purchase  necessaries  during  cohabita- 
tion with  husband,  presumption  as  to. 
1915A-4. 
' — liability  of  wife  for  necessaries  pur- 
chased by  her,  presumption  as  to. 
1917C-563. 

— resulting  trust  arising  from  purchase 
by  husband  in  name  of  wife. 
1915C-1082,   1097,   1102. 

Identity,  conflict  between  presumption  of 
identity  of  person  from  identity  of 
name  and  another  presumption. 
1917E-121. 

Independent  contractor,  presumption  as  to 
existence    of   relation.     1918C-632. 

Infant,  incapacity  to  commit  rape  or  as- 
sault with  intent  to  rape,  presump- 
tion as  to.     11-1063. 


EVIDENCE — Continued. 

Insane  persons,  continuance  of  permanent 
insanity,  presumption  as  to.  4r-491; 
1912C-388. 

Insurance,  wilful  burning  of  insured 
property,  quantum  of  proof  necessary 
to  overcome  presumption  of  inno- 
cence.    1912A-1142. 

Intent  as  inferable  from  act  of  disturb- 
ing public   meeting.     1914B-742. 

Intestacy  of  person  shown  to  be  dead. 
21-231. 

Jury,  improper  separation  of  jury,  pre- 
sumption of  prejudice.  1-287;  1914A- 
737. 

Landlord  and  tenant,  assignment  of  lease 
as  presumed  from  possession  by  as- 
signee.    1916E-811. 

Law  and  fact,  distinctions  between  pre- 
sumptions.    1913B-897. 

Letters,    authenticity    of    letter    received 

in  reply  to  letter,  presumption  as  to. 

11-887;    1917D-925. 
— presumption      of      receipt      of      letter. 

1917E-1058,  1072;  1918E-510. 
■ — rebuttal    of    presumption    of    receipt    of 

letter.     4-956;     1912D-1065. 

Marriage,  mental  capacity  of  party  con- 
tracting marriage  as  presumed. 
1913B-1242. 

— subsequent  marriage,  presumption  as 
to  validity.     17-680;   1918E-1233. 

Mineral  or  nonmineral  character  of  land,, 
presumption  as  to.     1912A-1315. 

Names,  presumption  that  letter  consti- 
tutes name.  1914A-1115;  191 7B- 
178. 

— use    or    omission    of    suffix    Sr.  or    Jr. 

to  name,  presumption  from.  1917A— 
1215. 

New  promise  relied  on  to  remove  bar  of 
statute  of  limitations,  presumption  in 
aid  of.     1914B-225. 

Normality,  presumption  that  individuals 
are  normal.     1913E-101. 

Ordinances,  presumption  as  to  validity. 
1916B-502. 

Parent  and  child,  delivery  and  acceptance 
of  deed  from  parent  to  child,  presump- 
tions as  to.     1912A-230. 

— services  by  child  to  parent  who  is  not 
of  same  household,  presumption  of 
payment.     6-512. 


J 


EVIDENCE. 


323 


EVIDENCE— Continued. 

Payment,  lapse  of  time  raising  presump- 
tion of  payment  as  rebuttable  by  ac- 
tion.    7-723. 

— ^possession  of  written  evidences  of  in- 
debtedness by  debtor  who  had  access 
to  papers  of  creditor,  presumption  as 
to  payment.     14-257. 

Presumption  as  basis  of  presumption.  10- 
1096. 

Privilege,  refusal  or  failure  to  waive  priv- 
ileged communication  as  presumption 
against  party.     8-792. 

Process,  failure  to  execute,  presumption  aa 
to  damages  recoverable  from  officer. 
2-11. 

Production  of  evidence,  failure  of  party 
to  action  to  produce  evidence  as  rais- 
ing presumption  against  him.  1914A- 
909. 

— failure  to  call  attorney  as  witness  as 
raising  presumption  against  party  liti- 
gant.    1914A-919;    1918B-1134. 

Eailroads,  dead  body  found  near  crossing, 
there  being  no  eye-witness  of  acci- 
dent, as  justifying  inference  of  negli- 
gence on  part  of  railroad.  1912B- 
71S. 

Rape,  incapacity  of  infant  to  commit  rape 
or  assault  with  intent  to  rape,  pre- 
sumption as  to.     11-1063. 

Rebuttable  presumptions  as  evidence.  3- 
72;  1913E-977. 

Reference,  presumption  that  referee  has 
passed  on  all  matters  submitted. 
1916A-362. 

Reformation  of  instrument  for  mutual  mis- 
take, presumptions  and  burden  of 
proof.     19-344. 

Res  ipsa  loquitur,  injuries  caused  by  elec- 
tric current  as  motive  power  for  rail- 
road.    21-751. 

— rule  as  applicable  to  injury  caused  by 
X-rays.     1918E-258. 

Seals,  adoption  of  seals  by  parties  to  in- 
strument not  actually  sealing  same  as 
presumed.     20-1328. 

Speed,  inference  as  to  speed  of  railroad 
train  or  street-car  from  distance  run 
after  accident  and  efforts  to  stop. 
15-948. 

Suicide  relied  on  ajs  defense  to  action  on 
life  insurance  policy  or  benefit  certi- 


EVIDENCE— Continued. 

fieate,      presumption     as     to.     17-33; 
1913C-1260. 

Survivorship  in  common  disaster,  presump- 
tion of.     14-716;   1913A-871. 

Taxation,  payment  of  tai.es,  presumption 
from  lapse  of  time.  4^430;  1915D- 
186. 

Telegram,  presumption  of  receipt.  1&17E- 
1081. 

Temperance  or  sobriety  of  person,  pre- 
sumption of.     1918A-620. 

Trusts,  resulting  trust  arising  from  pur- 
chase by  husband  in  own  name  with 
wife's  money.     1915D-625,  643,  649. 

Cndue  influence,  man  and  mistress,  pre- 
sumption from  relation.  9-783; 
1913C-143. 

— man  and  woman  engaged  to  be  married, 
presumption  arising  from  relation. 
1916C-1031. 

• — parent  and  child,  conveyances  inter 
vivos  by  parent  to  child  or  by  child 
to  parent.  17-989;  18-539;  1915D- 
711;   1918B-457. 

Vendor  and  purchaser,  payment  of  pur- 
chase money  under  contract  for  saJe 
of   land.     1913A-508. 

Waters,  overflow  of  water  on  leased  pre- 
mises presumed  as  due  to  negligence 
of  landlord.     1913D-812. 

Weapons,  intent  to  kill  arising  from  u.se 
of  deadly  weapon  in  manner  not  ordi- 
narily employed,  presumption  of. 
1912A-107. 

Wills,  alteration  of  will  by  testator,  pre- 
sumption as  to  time  of.     1915C-75. 

—lost  will,  presumption  of  revocation,  de- 
clarations of  testator  as  admissible  to 
rebut.     3-960. 

—revocation  of  will  executed  in  duplicate 
as  presumed  from  destruction  of  single 
copy.     1912A-273;    1918E-229, 

— survivorship  in  common  disaster  validity 
of  provision  in  will  creating  presump- 
tion.    1&18D-842. 


4.    Burden   of  Proof. 

Accident  insurance,  accidental  death, 
burden  of  proof  in  action  on  policy. 
9-919;  1916B-229;  1918B-1125. 

— voluntary  exposure  to  unnecessary 
danger,  burden  of  proof   of   accident 


324    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E'. 


EVIDENOE — Continued. 

to  insured  as  result  of.     10-453;   13- 
1126;  1916B-275. 

Acknowledgment,  impeachment  of  certifi- 
cate of  acknowledgment,  burden  of 
proof  aa  to  verity  of  certificate.  7- 
250;   1917A-369. 

Alienation  of  affections  by  parent,  burden 
of  proof.     1917E-1020. 

— ^by  relative  other  than  parent  or  guard- 
ian, burden  of  proof.     1917E-1029. 

Aliens,  exclusion  of  alien  immigrant, 
burden  of  proof  of  right  to  exclude. 
1917C-247. 

Alteration  of  instrument,  burden  of  show- 
ing ratification  or  waiver.    1917D-345. 

Attorneys,  contract  of  attorney  for  com- 
pensation made  after  fiduciary  rela- 
tion is  established,  burden  of  proof 
of   validity.     1917A-536. 

— good  faith  of  transaction  in  case  of  as- 
signment or  conveyance  by  client  to 
attorney,  burden  of  showing.  18-123; 
1918E-1159. 

— ^negligence  or  wilful  violation  of  duty, 
burden  of  proof  in  action  against. 
2-603;  14-342. 

Bailment,  loss  of  goods  by  bailee,  rule  with 
respect  to  burden  of  proof  as  appli- 
cable when  bailee  does  not  have  ex- 
clusive  possession.     1913D-947. 

Bigamy,  burden  of  proof  in  prosecution. 
1913E-268. 

Bills  and  notes,  payment  or  part  payment, 
burden  of  proof.     20-518. 

— renewal  note  as  discharging  original 
note,  burden  of  showing.    1915A-10S7. 

— ^want  of  consideration  as  defense  to  ac- 
tion on  bill  or  note,^  burden  of  proof. 
18-205. 

Carrier  of  goods,  action  on  claim  under 
contract  stipulation  limiting  time  to 
present,  burden  of   proof.     9-23. 

— ^loss  of  goods  caused  by  flood  or  other 
uncontrollable  event,  burden  of  show- 
ing fault  of  carrier.  1914D-1115; 
1918A-1121. 

— negligence  or  want  of  negligence,  burden 
of  proof  where  contract  exempts  car- 
rier from  liability  for  loss  by  fire. 
20-236. 

Carrier  of  livestock,  burden  of  showing 
negligence  on  part  of  carrier.  15- 
35;  1913E-311. 


EVIDENCE — Continued. 

Chastity  and  good  repute  of  woman  in 
prosecution  for  seduction,  burden  of 
proof.     17-89;  1916A-200. 

Checks,  delay  in  presenting  check  for  pay- 
ment as  cause  of  loss,  burden  of 
showing.     1913A-1293. 

Civil  case  based  on  criminal  act,  burden 
of  proof.     2-73;   1912A-1139. 

Contempt,  burden  of  proof  of  inability  to 
comply  with  court  order  as  exonerat- 
ing from  contempt  charge.     15-946. 

Contributory  negligence  and  assumption  of 
risk,  burden  of  proof  on  defense. 
10-4;  18-967. 

Debtor  and  creditor,  transfer  to  creditor 
in  excess  of  sum  actually  due  as  bona 
fide  transaction,  burden  of  proof. 
1918E-723. 

Deeds,  alteration  or  interlineation,  burden 
of  proof  as  to  when  made.  1914B- 
1092. 

Elections,  possibility  of  separation  of  il- 
legal vote  in  case  of  irregularity  af- 
fecting indeterminable  number  of 
votes,  burden  in  contest.  1918A-58, 
69,  73. 

Escheat,  burden  of  proof  in  proceedings 
to  establish.     1913E-384. 

Executions,  injunction  against  execution 
sale,  burden  of  proof.     1918C-304. 

Exemption  of  property  by  statute  from 
execution,  burden  of  proof.  19 14 A - 
245. 

Expectancy,  good  faith  and  adequate  con- 
sideration in  transfer,  burden  of  show- 
ing.    1916E-1250. 

Extradition,  identity  of  fugitive  from 
justice,    burden    of    showing.     20-546. 

Fairness  of  transaction,  burden  of  proving. 
1912A-704. 

False  imprisonment  and  malicious  prosecu- 
tion, distinction  between  with  respect 
to  burden  of  proof.     21-460. 

Fire  insurance,  breach  of  condition  subse- 
quent in  policy,  burden  of  showing. 
1013D-829. 

— sole  and  unconditional  ownership  in  ac- 
tion on  policy,  burden  of  showing. 
1913E-212. 

Fraud,  burden  of  proof  as  to.     1-809. 

Gas,  injury  caused  by  escape  of  gas  from 
pipes,  burden  of  showing,  1916E- 
280. 


EVIDENCE. 


325 


EVIDENCE — Continued. 

— ^negligence  of  gas  company  in  failing  to 
prevent  escape  of  gas,  burden  of 
proof.     1914C-355. 

Homicide,  accidental  killing,  burden  of 
proof  where  defense  is  interposed. 
11-309. 

— self-defense,  burden  of  proof.  19'12C- 
47. 

Independent  contractor,  burden  of  proof 
of  relation  of  employee  as  servant  or 
independent    contractor.       1918C-632. 

Insane  person,  contract,  burden  of  show- 
ing insanity  of  party  before  execution 
of  bona  fide  contract.     1914D-874, 

— fairness  of  transaction,  burden  of  prov- 
ing.    1912A-710;    1914D-874. 

— issue  of  insanity  in  criminal  cases, 
burden   of  proof.     3-926;   15-95. 

Intoxicating  liquors,  adoption  of  local  op- 
tion law,  burden  of  proof  in  prosecu- 
tion  for   illegal    sale.     1913C-627. 

• — druggist,  burden  of  proof  of  right  to 
sell  in  prosecution  for  illegal  sale. 
1913C-637. 

•—innkeeper,  burden  of  proof  of  sale  to 
hotel  guest,     1913C-638. 

— original  package,  burden  of  proof  of  sale 
in.     1913C-638. 

— right  to  sell,  burden  of  proof  of  showing 
in  prosecution  for  illegal  sale.  1913C- 
626. 

Larceny,  mistaken  belief  of  ownership, 
burden   of   proof.     2-192. 

Legacy,  nonpayment  of  legacy  to  which 
presumption  of  payment  has  attached, 
burden  of  showing.     2-747. 

Libel  and  slander,  malice,  burden  of  show- 
ing in  action  where  communication  is 
privileged.     7-844;  1913C-1072. 

laeenses,  burden  of  proof  as  to  whether 
person  is  duly  licensed  to  practice 
profession  or  do  business,  other  than 
sale  of  liquor.     1915B-416. 

Life  insurance,  falsity  of  representations, 
burden   in    action    on   policy.     8-1160. 

• — good  health  of  insured  at  time  of  de- 
livery of  policy  where  life  insurance 
contract  so  requires,  burden  of  show- 
ing.    17-238. 

Limitation  of  actions,  burden  of  proof  as 
to  running  of  statute.     8-340. 

Marriage,  duress,  as  ground  for  annul- 
ment, burden  of  proof.     20-1376. 


EVIDENCE — Continued. 

— mental  incapacity  of  party  to  marriage, 
burden  of  proof.     1913B-1242. 

— subsequent  marriage,  burden  of  proof  of 
validity.     17-684;    1918E-1238. 

Master  and  servant,  actual  cause  of  injury 

to   servant   in    action   for   negligence, 

burden  of  proof.     5-167. 
—fall   of   scaffolding,   burden  of  proof  in 

action    for    injuries    caused    by.     18- 

619. 

— ^latent  danger  as  within  knowledge  of 
employee,  burden  of  showing.    11-116. 

— practicability  of  guarding  machinery 
from  which  servant  has  sustained  in- 
jury, burden  of  showing.     18-133. 

Mineral  or  nonmineral  character  of  lands, 
burden  of  proof.     1912A-1315. 

Necessaries  furnished  infant,  burden  as  to 
whether    articles    constitute.     14-686. 

Negligence,  res  ipsa  loquitur  rule  as  re- 
lieving plaintiff  of  burden  of  showing 
negligence.     1914D-909. 

Nonexistence  of  plaintiff  in  action,  burden 
of  showing.     1917D-1196. 

Ordinances,  validity  of  ordinance,  burden 
of  proof.     1916B-502. 

Physicians  and  surgeons,  suing  for  medical 
services,  burden  of  proof  of  necessity 
of  showing  they  were  duly  licensed. 
2-607. 

Process,  failure  of  officer  to  execute  or 
return  process,  burden  of  proof. 
1912D-732. 

Quo  warranto  proceeding  or  action  in 
nature  thereof,  burden  of  proof. 
1917B-467. 

Eeceiver  of  railroad,  burden  of  showing 
that  he  was  operating  railroad  at  time 
in  question.     1913A-535. 

Keformation  of  instrument  on  ground  of 
mutual  mistake,  burden  of  proof.  19- 
344. 

Release,  falsity  of  physican's  statement  re- 
lied on  for  avoiding  release  for  per- 
sonal injuries,  burden  of  showing. 
1918A-362. 

Ees  judicata  or  estoppel  by  judgment, 
burden  of  proof.     2-655. 

Sales,  illegality  of  contract  of  sale  for 
future   delivery  of   property.     11-442. 

Ships  and  shipping,  burden  of  proof  of 
necessity  of  supplies  furnished  master 


326     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


EVIDENCE— Continued. 

in  an  action  against  owner  of  vessel. 
18-880. 

Signature,  burden  of  proof  of  genuineness. 
1913A-194. 

Slander  of  title  to  realty,  burden  of  proof 
as   to    title    of    plaintiff.     1913C-1362. 

Suicide  relied  on  as  defense  to  action  on 
life  insurance  policy  or  benefit  cer- 
tificate, burden  of  showing.  17-32; 
1913C-1260. 

Taxpayer's  action,  burden  of  proof. 
1913C-913. 

Undue  influence  in  case  of  conveyance  in- 
ter vivos  by  parent  to  child  or  by  child 
to  parent.  17-989;  18-539;  1915D- 
711;  1918B-457. 

Warehouseman,  burden  of  proof  for  loss 
of   goods   by  fire.     19^245. 

Waters,  flood  as  extraordinary  and  un- 
precedented, burden  of  proof  as  to 
nature.     1918A-1121. 

Will  contest  instituted  after  probate, 
burden  of  proof.     1914C-535. 

Workmen's  compensation,  burden  of  proof 

of    accident    arising    out    of     and     ia 

course     of     employment     within     act. 

19-6;     1913C-4;     1914B-498;     1916B- 

1294;   1918B-770. 
— notice  of  injury  given  under  Workmen's 

Compensation  Act,  burden  of  showing. 

1917D-877,   881,   886. 
— suspensory  award,  burden  of  proof  as  to 

right  to.     1918B-746. 


5.    Pocumentary  Evidence  Generally. 

Age  of  person,  public  record  recital  as 
proof.     1918E-266. 

— writing,  competency  of  witness  to  tes- 
tify to  age  of  writing.     1915I>-34. 

Ancient  document,  instrument  insufficient 
on  face  inadmissible  as.     1-322. 

Benefit  certificate  withoat  other  parts  of 
contract,    admissibility.     1917C-14o. 

Book  of  accounts,  necessity  that  it  be 
book  of  original  entry.  2-842;  1917C- 
961. 

— deceased  person's  book  of  accounts,  ad- 
missibility.    12-77. 

Building  and  loan  association,  records  and 
minutes,  inadmissibility  as  books  of 
original  entry.     2-844. 


EVIDENCE — Continued. 

Census  reports,  admissibility  to  show  age 
or  pedigree.     9-882, 

Check  stub  entries,  admissibility.  1915B- 
799. 

Conclusiveness  of  documentary  evidence 
against  party  introducing.     17-381. 

Corporate  books  or  records,  admissibility 
in  action  between  members,  or  be- 
tween corporation  and  member. 
1917D-558. 

Death  certificate  by  physician  as  evidence. 
1918C-761. 

Diary,  private  diary  as  evidence.     1916C- 

717. 
Dictionaries,     admissibility     in     evidence. 

11-182. 

Document  produced  by  opposing  party, 
effect  of  inspection  by  opposing  party 
upon  admissibility  in  evidence.  21- 
1022. 

Duplicate  sales  slip  or  sheet  from  loose 
leaf  ledger,  admissibility  as  book  of 
account.     1914D^89. 

Foreign  official  record,  admissibility  in 
evidence.     19-1219. 

Foreign  statutes,  printed  copy  as  admissi- 
ble to  prove  law  of  another  jurisdic- 
tion,    1916D-853. 

Historical  works  as  evidence.     13-675. 
Hospital  chart,   admissibility.     1916C-78. 

Judgment  by  default  as  evidence  against 
judgment  debtor  in  another  suit. 
1914B-681. 

Letters  between  husband  and  wife,  admis- 
sibility against  writer.  3-915;  1912B- 
1001;  1915B-427. 

Maps,  ancient  map,  admissibility.  1916C- 
176. 

Market  reports  as  evidence.  12-127; 
1913E-211. 

Medical  books  as  admissible.  19-1002; 
1916A-795. 

Memorandum  as  evidence  of  past  recollec- 
tion of  witness,  admissibility.     8-210, 

Mercantile  agency,  statement  to  or  report 
by,  a.s  evidence,     1916D-760, 

Opinions   of    courts   as    evidence,     19-404. 

Private  books  or  records  as  evidence  ot 
what  they  do  not  contain.  1914D- 
1256. 


EVIDENCE. 


327 


EVIDENCE— Continued. 

Eeceipt  materially  altered,  admissibility  in 
evidence.     1913C-277, 

Recital  in  deed  as  evidence.     1915A-97. 

Records,  identification  by  stranger.  6- 
500. 

Rules  of  master,  admissibility  in  action 
involving  servant's  negligence.  21— 
147. 

Spelling,  punctuation  and  literary  style 
as  elements  in  identifying  author  of 
writing.     20-1336. 

Surveys,     ancient     survey,     admissibility. 

1916C-179. 
— field-book  entries  of  deceased  surveyor, 

admissibility.     1917E-675. 

Telegram  received  in  reply  to  telegram, 
admissibility  in  evidence.     16-394. 

Unstamped  documents  as  evidence.     1-24. 

Weather  records  as  evidence,  admissibility 
and   weight.     19-852. 

Wills,  unprobated  will,  admissibility  to 
prove    title    to    property.     19'16A-887. 


6.    Demonstrative  Evidence. 

Generally. 

Calculations  by  witness  from  figures  in 
evidence,     admissibility.     1912D-1353. 

Child  whose  paternity  is  in  issue,  right  to 
exhibit  to  jury.     6-560;  19-536. 

Detectaphone  or  dictagraph,  admissibility 
of  evidence  received  through.  1916E- 
181. 

Experiments,  admissibility  of  experiments 
tending  to  show  that  occurrence  could 
not  have  happened  as  alleged,  admis- 
sibility.    1912D-1264. 

— presence  of  jury,  admissibility  in  evi- 
dence of  experiments  made  in  presence 
of    jury.     7-216;    1912B-296. 

— tables  compiled  from  and  showing  re- 
sults of  experiments,  admissibility  in 
evidence.     19120-189. 

Identification  of  author  of  writing,  spell- 
ing, punctuation  and  literary  style  as 
elements.     20-1336. 

Microscopes,  information  acquired  by  aid 
of  microscope,  competency  of  witness 
to  testify  to.     1916D-930. 

Phonographic  reproduction  of  sound  as 
evidence.     10-285. 


EVIDENCE— Continued. 

Photographs,  foundation  for  introduction 
in  evidence.     1-161;  10-962. 

—weight  as  evidence.     15-98;   1913D-277. 

— X-ray  photographs  as  evidence.  8-435; 
19i6A-776;   1918D-998. 

Telephone  conversation  as  evidence.  1- 
802;  9-170;  20-705;  1916E-977. 

Typewriting,  admissibility  of  specimen 
for  purpose  of  comparison  with  dis- 
put^ed  typewriting.     1914C-201. 

View,  impression  made  on  minds  of  jurors 
as  evidence  in  case.     10-663. 

^cmdwriting. 

Identification  of  author  of  writing,  spell- 
ing, punctuation  and  literary  style  as 
elements.     20-1336. 

Mark,    proof    by    comparison.     19-504. 

Papers  in  record  as  standards  for  com- 
parison of  handwriting.     9-451. 

Proof  of  handwriting  by  third  person 
where  writer  is  accessible  as  witness. 
20-108. 

Signatures,  proof  of  facsimile  signatures 
by  comparison.     1912B-417. 

Similarities  or  dissimilarities  in  manner 
of  writing  words  or  letters,  probative 
effect  on  issue  of  genuineness  of  hand- 
writing.    1913B-1317. 

Testing  expert  or  nonexpert  witness  by 
use  of  other  writing.     1917B-1060. 


7.    Best  and  Secondary  Evidence. 

Acknowledgment  of  execution  of  instru- 
ment, proof  by  evidence  other  than 
certificate.     1912A-1098. 

Books  of  account,  loss  or  destruction, 
copies  as  admissible.     2-844. 

Carbon  copy  of  writing,  admissibility  in 
evidence  without  accounting  for  non- 
production  of  original.  11-108; 
1914D-1082. 

Certification  that  paper  or  document  is  true 
copy,  proper  form.     1912C-942. 

Document  not  within  jurisdiction  of 
court,  admissibility  of  secondary  evi- 
dence  as   to   contents.     8-413. 

Instrument  altered  or  destroyed  by  per- 
son offering  secondary  evidence  of 
contents,  admissibility.     9-484. 


328     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  191 8E. 


EVrDENCE — Continued. 

Judicial  record,  parol  proof  of  contents 
of  lost  or  destroyed  record.  19161)- 
248. 

Knowledge  based  on  hearing  letter  or  docu- 
ment read  as  admissible  to  prove  con- 
tents.    1912D-790;    1916C-1182. 

Lost  memorandnm  required  by  statute  of 
frauds,  admissibility  of  parol  to  show 
contents.     1916E-173. 

Telegram  left  for  transmission  or  message 
delivery  as  primary  or  best  evidence. 
8-270. 

Verbal  admission  as  to  contents  of  writing, 
admissibility  in  evidence.     8-207. 


8.     Parol    Evidence    Explaining,    Vaxying 
or  Contradicting  Writing. 

Acknowledgment,  certificate,  admissibility 
of  parol  evidence  to  show  same  taken 
within    officer's    jurisdiction.     10-129. 

—impeachment  of  acknowledgment,  ad- 
missibility of  parol  evidence.  7-251; 
1917A-373. 

Alterations  or  interlineations  made  before 
execution  of  written  instrument,  ad- 
missibility of  parol  evidence  to  ex- 
plain.    1913C-344. 

— unauthorized  alteration  of  written  in- 
strument, admissibility  of  parol  evi- 
dence to  show.     12-985. 

Antenuptial  contract,  waiver  of  provision 
in  written  contract,  admissibility  of 
parol  evidence  to  show,     1912B-279. 

Auctions,  conditions  of  auction  sale,  ad- 
missibility of  parol  evidence  as  to. 
1912A-1130. 

Bills  and  notes,  conditional  delivery  of 
bill  or  note,  parol  evidence  of.  3-560; 
6-169;   15-669;   1917D-1049. 

— ^indorsement  of  bill  or  note  for  purpose 
of  collection  only,  admissibility  of 
parol  evidence  to  show.     15-877. 

— signature  of  maker  and  indorser,  neces- 
sity of  proving  in  action  on  promissory 
note.     1917A-770,   809,   813,   817,   821. 

— time  of  indorsement  ma,de  on  note,  ad- 
missibility of  parol  evidence  to  show. 
1913A-882. 

Bill  of  sale,  parol  evidence  to  modify  or 
explain.     19-541. 

Bonds,  extent  of  liability  assumed  by 
obligor,  extrinsic  evidence  as  to.  2- 
891. 


EVIDENCE— Continued. 

Carriers  of  goods,  route  for  shipment  of 
goods,  variation  of  written  contract 
by  parol  evidence.     1913A-932. 

Covenant  in  deed  against  incumbrances, 
admissibility  of  parol  evidence  to  vary 
or  explain.     1915D-865. 

Date,  admissibility  of  parol  evidence  to 
show  instrument  as  executed  on  day 
other  than  date  it  bears.     1913A-496. 

Deed  of  land  to  railroad  for  right  of  way 
or  depot  purposes,  admissibility  of 
parol  evidence  to  show  agreement  be- 
tween parties  at  time  of  execution. 
17-863. 

De  facto  corporation,  admissibility  of  parol 
evidence  to  show  existence.  1914A- 
151. 

Deposition,  lost  or  destroyed  deposition, 
proof  by  parol  of  contents.  1916D- 
253. 

Fire  insurance  contract,  admissibility  of 
parol  evidence  to  explain  or  modify. 
1914C-59. 

Frauds,  statute  of,  identification  by  parol 
of  papers  referred  to  in  signed  writ- 
ing for  purpose  of  constituting  all  as 
memorandum    within    statute.     2-294. 

• — parties,  admissibility  of  parol  for  pur- 
pose of  showing  in  aid  of  memoran- 
dum.    13-315. 

• — several  writings  as  constituting  memo- 
randum within  statute,  admissibility 
of  parol  evidence  to  show.     19-116. 

Guaranty  contract,  admissibility  of  parol 
evidence  to  affect  terms.     1912A-781. 

Illegality  of  contract,  admissibility  of  parol 
to  show.     16-388;   1917D-426. 

Lease,  evidence  extrinsic  to  lease  to  show 
agreement  by  landlord  to  repair,  ad- 
missibility.    1913A-37. 

Mortgage  absolute  on  face  intended  as 
security  for  future  advances,  evidence 
of  intent.     1913C-561. 

Municipal  record,  admissibility  of  parol  to 
aid,  vary  or  contradict.     7-1045. 

Mutilated  or  illegible  writing,  admissi- 
bility of  parol  as  to  contents.     1916A- 

282." 

New  promise  relied  on  to  remove  bar  of 
statute  of  limitations,  extrinsic  evi- 
dence in  aid  of.     1914B-226. 

Ordinance  of  municipality,  admissibility  of 
parol  to  prove.     1915A-709. 


EVIDENCE. 


329 


EVIDENCE— Continued. 

Personalty,  oral  testimony  to  prove  title 
when  written  evidence  exists,  admis- 
sibility.    1914C-118. 

Place  of  payment  under  contract  silent  in 
that  respect.     1916E-366. 

Preliminary  negotiations,  evidence  thereof 
as  aid  to  construction  of  instrument. 
18-257. 

Purported  contract  as  sham  contract,  ad- 
missibility of  parol  evidence  to  show. 
19-1025. 

Pelease,  conditional  delivery,  admissibility 
of  parol  evidence  to  show.  1912D- 
1308. 

Restraint  of  trade,  admissibility  of  parol 
evidence  to  vary  agreement  of  seller 
of  business  not  to  re-engage  in  same 
business.     1913C-1379. 

Statutes,  approval  or  disapproval  by 
executive  of  bill,  admissibility  of  ex- 
trinsic  evidence   to   show.     1917C-836. 

Stock  subscription  as  conditional,  admis- 
sibility of  parol  evidence  to  show. 
19-883;  1918C-853. 

Strangers  to  contract,  application  of 
parol    evidence    rule    to.     8-347. 

Supplementing  written  contract  by  proof 
of  collateral  oral  agreement.  2-146; 
1914A-454. 

Title  to  personalty,  admissibility  of  oral 
testimony  to  prove  when  written  evi- 
dence exists.     1914C-118. 

Trusts,  resulting  trust  arising  from  pur- 
chase by  husband  with  wife's  money, 
proof  by  parol.     1915D-630. 

Vendor  and  purchaser,  executed  sale  of 
land,  admissibility  of  parol  evidence 
to   establish   fact.     1914C-708. 

Wills,  identification  of  writing  incorpo- 
rated in  will  by  reference,  admis- 
sibility  of  parol   evidence.     1-396. 

— instrument  not  testamentary  on  its  face, 
admissibility  of  evidence  to  show  it 
was  intended  to  take  effect  upon 
death    of    maker.     12-287. 

— omission  of  living  child,  admissibility 
of  parol  evidence  to  show  whether  in- 
tentional.    8-637;   1916A-718. 

— paper  testamentary  on  face  not  intended 
as  will,  admissibility  of  evidence  to 
show.     18-897. 

— presumption  of  resulting  trust  under 
will,  admissibility  of  parol  evidence 
to  rebut.     1915B-52. 


EVIDENCE— Continued. 

— scrivener's  testimony  showing  intention 

of      testator,      admissibility.     1913A- 

1017. 
— when   parol   evidence   admissible   to  aid 

construction.      1915B-8;       1917E-410; 

1918C-936. 


9.    Expert     and     Opimon    Eyidence. 

A.  Expert  Evidence. 

Abstract  question,  competency  in  examina- 
tion    of    expert   witness.     20-207. 

Attorney's  services,  admissibility  and 
necessity  of  expert  evidence  on  ques- 
tion of  value.     20-53;  1914D-369. 

Blood  stains,  expert  and  opinion  evidence 
as  to.     15-814. 

Construction  work,  competency  of  expert 
to  testify  as  to  whether  work  was 
properly    done.     1912D-903. 

Examination  of  expert  witness,  use  of 
scientific  books  in  connection.  1916E- 
356. 

Expectancy  of  life,  competency  of  expert 
to  testify  to.     10-621. 

Facts  upon  which  opinion  is  based,  nec- 
essity that  expert  state.     20-883. 

Physician,  competency  to  testify  in  respect 

to  wound  or  injury  where  he  has  not 

had  similar  case.     14-137. 
• — testimony  as  to  statements  made  to  him 

by  patient  relating  to  history  of  case, 

admissibility.     14-449. 

Ultimate  fact,  whether  expert  witness  may 
give   opinion  as  to.     1914B-191. 

B.  Opinion  Evidence. 

Competency  of  servant,  admissibility  of 
opinion  evidence.     19-1151. 

Conduct  of  certain  person  as  "careless," 
"reckless"  or  "negligent,"  admissi- 
bility of  opinion  of  witness.  1913C- 
1077. 

Damages  to  realty,  admissibility  of  opin- 
ion of  witness  as  to  amount.  3-667; 
1912A-191. 

Dangerous  character  of  work,  situation, 
appliance,  etc.,  admissibility  of  opin- 
ion   evidence.     7-463. 

Drugs,  whether  person  was  under  influence 
of  drug,  admissibility  of  nonexpert 
opinion.     1913B-108, 


330    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


E  VrDENCB — Continu  e  d. 

Future  consequences  of  injury,  admis- 
sibility  of   opinion   evidence.     21-326. 

Handwriting  of  mere  correspondent,  com- 
petency of  nonexpert  to  testify  to.  8- 
1035.  ^ 

Intoxication,  admissibility  of  nonexpert 
testimony  to  prove,  10-788;  1917C- 
628. 

Knowledge  of  another,  competency  of  wit- 
ness to  testify  to.  21-1074;  1918 A- 
947. 

Libel  and  slander,  meaning  or  effect  of 
words  used,  admissibility  of  opinion 
of  witness.     18-833. 

Mark,  proof  by  opinion  evidence.   '  19-504. 

Marketability  of  title  to  realty,  admis- 
sibility of   opinion  evidence.     21-840. 

Measurements  taken  by  nonexpert,  admis- 
sibility.    18-1175. 

Mental  capacity  of  person  to  execute  con- 
tract or  deed,  admissibility  of  opinion 
evidence.     4-888. 

Ownership  of  personalty,  admissibility  of 
direct  opinion  of  witness.  8-832; 
1912C-664;    1916D-289. 

Paternity  of  animal,  identification  by 
resemblance,  admissibility  of  opinion 
of   witness.     5-974. 

Bace  to  which  person  belongs,  admissi- 
bility of  opinion  evidence.  1914A- 
462. 

Eesult  of  forces  acting  on  animate  luman 
body  as  question  of  law  or  fact. 
1913E-938. 

Smell  or  odor,  testimony  of  witness  as  to. 
1914B-736. 

Speed,  automobile,  opinion  evidence  as  to 

speed.     19-754;    1917D-613. 
— railroad  train  or  street-car,   competency 

of    nonexpert    witness    to    testify    to. 

1913A-187. 

Value,  corporate  stock,  admissibility  of 
opinion  of  witness  in  absence  of  mar- 
ket value.     1915C-67. 

—property  valuation  based  on  comparison 
with  other  properties,  existence  of 
similarity  to  make  comparison  admis- 
sible as  question  for  court.  1913D- 
582. 

— ^use  of  chattel,  value  as  provable  by 
opinion.     1914B-809. 

Writings,  opinion  evidence  as  to  age. 
1915]>34. 


EVIDENCE— Continued. 

10.    Hearsay. 

Age,    admissibility    of     entry    in  family 

Bible   to   show,   where   person  making 

entry    is    dead    or    unknown.  1912A- 
1218;  1916A-153. 

Family  record,  admissibility  of  entry  to 
show  age,  marriage  or  pedigree,  where 
person  making  entry  is  alive.     6-59. 

Forgotten  facts,  statement  made  to  wit- 
ness by  another  where  latter  admits 
statement  but  has  forgotten  facts 
stated,    admissibility.     12-706. 

Knowledge  of  contents  of  document,  com- 
petency of  testimony  where  witness' 
knowledge  is  based  merely  on  hear- 
ing it  read.     1912I>-790;  1916C-11S2. 

Parentage,  competency  of  person  to  tes- 
tify to  his  own.     19130-314. 

Pedigree,  whether  hearsay  must  be  con- 
fined to  ancient  facts.     1914A-822. 


11.  "Res  Grestae. 

Bystander's  declaration  at  time  of  accident 
as  part  of  res  gestae.  1912C-319; 
1917A-1009. 

Exclamations  and  expressions  of  pain,  ad- 
missibility in  actions  involving  bodily 
injuries.     15-799;    1916A-830. 

Infant,  accident,  declarations  of  infant 
present  at  time  as  part  of  res  gestae. 
14-51. 

— assault  or  homicide,  declarations  of  in- 
fant at  time  as  part  of  res  gestae. 
1916C-1187. 

Eailroad  train  sheet  as  evidence.  1912B- 
372. 

Statements  of  deceased  or  accused  before 
starting  on  journey,  admissibility  as 
part  of  res  gestae.     1913E-361. 

12.  Belevancy. 

Agency,  lack  of  possession  by  agent  of 
evidence  of  indebtedness  as  evidence 
on  question  of  his  authority  to 
receive    payment.     19-666. 

Blood  stains,  law  of.     15-811. 

Brands  on  animals  as  evidence  of  owner- 
ship.    12-414;    18-544;    1913E-133. 

Breach  of  promise  to  marry,  preparations 
for     marriage    as    corroborative    evi- 


EVIDENCE. 


331 


EVIDENCE— Continued. 

dence   of   promise   to   marry.     191oC- 
138. 

— ^understanding  of  friends  or  family  of 
party  as  evidence  of  agreement  to 
marry,     1916C-564. 

Character  or  reputation,  assault,  admis- 
sibility in  civil  action  for  assault. 
1914A-959;    1914B-881. 

— fraud  of  party  or  other  person,  admis- 
sibility  in   civil  action.     8-1136. 

— malicious  prosecution,  admissibility  of 
character  of  plaintiff.  4-839;  1916D- 
1167. 

—negative  evidence  to  prove  character, 
admissibility.     17-108. 

^penalty,  action  to  recover,  admissibility 
of  defendant's  character  or  reputation. 
1916D-^1151. 

Conviction  based  on  plea  of  guilty,  ad- 
missibility of  judgment  in  subsequent 
civil    action.     1917E-1109. 

Death,  grant  of  letters  testamentary  or 
of  administration  as  evidence.  1918A- 
1011. 

Disorderly  character  of  house  as  estab- 
lished by  general  reputation.     12-273. 

Domestic  relations,  action  for  personal  in- 
juries not  resulting  in  death,  admis- 
sibility   of    plaintiff's.     10-288. 

— death  by  wrongful  act,  admissibility  of 
deceased's  domestic  relations.  1916G- 
671. 

Electiops,  ballots,  admissibility  to  impeach. 

election  returns.     1912B-682. 
—intention  of  voter,  admissibility  of  own 

testimony  to  show  in  election  matters. 

1912A-296. 

Eminent  domain,  payment  by  condemnor 
for  other  land  for  use  in  same  enter- 
prise as  evidence  of  value  of  land 
taken.     20-695;   1914A-375. 

■ — price  paid  by  another  than  condemnor 
for  similar  property  as  evidence  of 
value.     1916E-598. 

Financial  circumstances  of  defendant, 
breach  of  promise  of  marriage,  admis- 
sibility of  evidence.     20-1265. 

— libel  or  slander,  admissibility.  1915B- 
1158. 

— payment,  admissibility  to  prove.  8-779; 
11-110. 

— physician's  action  for  services,  admis- 
sibility   of    evidence.     11-655. 


EVIDENCE— Continued. 

Financial  credit  of  plaintiff,  wrongful 
dishonor  of  check,  admissibility  in 
action  by  depositor.     10-988. 

Fires,  origin  of  fire  set  by  railroad  as 
provable  by  evidence  of  other  fires  by 
other  engines.     12-218;  21-1212. 

Futures,  other  transactions  between  or  by 
one  of  parties  on  issue  whether  con- 
tract is  for  future  deliveries,  admis- 
sibility.    1914D-87. 

General  conduct  under  proven  circum- 
stances, admissibility  to  show  conduct 
of  same  kind  under  similar  circum- 
stances on  particular  occasion.  1913D- 
1256. 

Habits  of  deceased  on  approaching  rail- 
road crossing,  admissibility  in  action 
against  railroad  for  killing.  1915B- 
226. 

— or  physical  condition  of  deceased,  ad- 
missibility in  action  for  wrongful 
death.     1916E-652. 

Inconsistent  statement  of  witness  prior  to 
occurrence  as  evidence  of  facts  therein 
stated.     21-1238. 

Insane  persons,  insanity  of  ancestors  or 
kindred,  admissibility  on  issue  of 
sanity.     6-29;  19186-124. 

— ^proof  of  insanity  by  general  reputation. 
18-935. 

Intention  of  party  to  action,  admissibility 
of  own  direct  testimony.  12-4;  1912D-- 
1043. 

Intoxicating  liquors,  possession  of  federal 
license  as  evidence  of  violation  of 
liquor  law,  construction  of  statute. 
1918D-775,  792. 

Judgment  against  principal  as  evidence 
against    surety.     9-153;    1915D-400. 

Libel  and  slander,  feelings  of  party,  admis- 
sibility.    16-748. 

— matters  occurring  after  commencement 
of  action,  admissibility  in  mitigation 
of  damages.     1914A-1037. 

• — retraction,  admissibility  of  evidence  in 
reduction  of  damages.     15-84. 

• — truth  of  charge,  evidence  admissible. 
1915D-890,  906,  907. 

■ — understanding  of  readers  or  hearers  as  to 
identity  of  person  defamed,  admissi- 
bility of  testimony.     1917C-36. 

Malicious  prosecution,  acquittal  in  criminal 
prosecution  as  evidence  of  want  of 
probable   cause.     18-65;    1916E-376. 


332    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918B. 


EVIDENCE— Continu2d. 

Negligence,  insurance  of  defendant  othel 
than  master  against  liability  for  neg- 
ligence, admissibility  of  evidence  of 
fact.     1914A-948;  1916E-571. 

Ownership,  motor  vehicle,  license  number 
as   evidence.     1916D-1163;   1918E-737. 

—property,  name  thereon  as  evidence. 
1915D-353. 

Partnership  as  provable  by  general  reputa- 
tion.    4-817. 

Prior  accidents  at  same  place  on  defective 
street  or  highway,  admissibility  in  ac- 
tion for  injuries.     16-636. 

Eeplevin,  recitals  in  writ  or  bond  as  evi- 
dence of  value  in  action  on  bond,  18- 
113. 

Beputation  as  admissible  to  establish  ex- 
istence of  private  right  of  way. 
1912A-847. 

—incompetency  of  fellow-servant,  general 
reputation  as  admissible  in  action  by 
servant  against  master.     18-927. 

Seduction,  defendant's  reputation  as  admis* 
sible  in  evidence.     1916E-381. 

Usages  and  customs,  peculiar  signification 
of  word  in  locality  where  instrument 
was  executed,  admissibility.  1916C- 
655. 

Value,  condemnation  proceedings,  price 
paid  by  condemnor  for  other  land  in 
same  enterprise  or  by  other  than  con- 
demnor for  similar  property  as  evi- 
dence of  value  of  property  taken.  20- 
695;  1914A-375;  1916E-598, 

• — personalty,  price  paid  as  evidence  of 
value.     1916I>-797,  805,  810. 

—services,  price  paid  as  evidence  of  value. 
1916D-802. 

"Weather  conditions,  materiality  and  im- 
portance in  determining  visibility  of 
railroad  rolling  stock  or  street-cars. 
16-357. 

Wills,  adjudication  of  incompetency  made 
subsequent  to  execution  of  will,  ad- 
missibility on  question  of  testamentary 
capacity.     1915B-1009. 

— ^undue  influence,  preparation  of  will  by 
beneficiary,  admissibilitv  as  evidence. 
15-551. 

— unnatural  or  unjust  disposition  of  prop- 
erty as  evidence  of  testamentary  in- 
capacity.    13-1044;  1917E-130. 


EVIDENCE— Continued. 
13.    Testimony  in  Former  Proceedings. 

Coroner's  verdict,  admissibility  in  subse- 
quent proceedings.  4-1020;  1917B- 
892. 

Deceased  witness,  proof  of  death  sufficient 
to  render  former  testimony  admissible. 
17-76. 

Forgetfulness  of  facts  as  ground  of  ad- 
mission of  former  testimony  of  wit- 
ness.    1914C-575. 

Identity  of  parties  and  issues  as  condition 
to  admissibility  of  testimony  in  former 
proceeding  by  witness  who  has  become 
disqualified  or  inaccessible.  21-179; 
1914D-476. 

Transaction  with  person  since  deceased, 
admissibility  of  testimony  at  toriner 
trial.     1917B-366. 

Witness  who  has  since  become  mentally  in- 
competent to  testify,  admissibility  of 
former  testimony.     1914B-284. 


14.    Weight  and  Sufficiency. 

A.    Degbieb  or  Peoof. 

Conclusive  evidence,  validity  of  statute 
making  proof  of  certain  facts  conclu- 
sive evidence.     14-734. 

Contract  making  certain  state  of  facts 
prima  facie  or  conclusive  evidence, 
validity.     1916B-690. 

Death  by  wrongful  act,  quantum  of  proof 
required  of  plaintiff  in  action  for. 
1913A-1138. 

Disbelief  by  court  or  jury  of  certain  testi- 
mony as  affirmative  evidence  to  con- 
trary.    21-1123. 

Divorce,  degree  of  proof  required  to  estab- 
lish cause.     1913B-1216. 

Insane  person,  proof  of  competency  as  wit- 
ness.    1913E-327. 

Judgment  of  conviction  based  on  plea  of 
guilty,  conclusiveness  and  effect  in 
subsequent   civil   action.     1917E-1111. 

Marriage,  quantum  of  proof  to  invalidate 
on  ground  of  mental  incapacity. 
1913B-1242. 

Ownership  of  motor  vehicle,  conclusiveness 
of  license  registry.  1916D-1163; 
1918E-737. 

Preponderance  of  evidence  as  determined 
by  mere  number  of  witnesses.  1913D- 
676. 


EVIDENCE. 


333 


EVIDENCE — Continued. 

Price  paid  for  services  or  personalty  as  evi- 
dence of  value.     1916D-801. 

Prima  facie  evidence,  ordinance  providing 
that  certain  state  of  facts  shall  con- 
stitute evidence  of  violation,  validity. 
1916C-1062. 

—statute  making  certain  facts  prima  facie 
evidence,  validity.  6-746;  1912A-46o; 
1916B-699. 

Scintilla  of  evidence,  what  constitutes. 
1918B-943. 

— sufficiency  to  justify  submission  of  cause 
to  jury.     1914B-472. 

Will  contest,  conclusiveness  of  testimony 
of  subscribing  witnesses  with  respect 
to     execution     of     will.     1916D-1104. 

B,    Weight  op  Evidence. 

Admissions    tending    to    show    negligence, 

weight.     14-228. 
Automobile    ownership,    conclusiveness    of 

license  registry.     1916D-1163;   19I8E- 

737. 

Billheads,  evidentiary  effect  of  use  of 
printed   billhead.     1917B-271. 

Blood  stains,  weight  and  sufficiency  of  evi- 
dence.    15-818. 

Character   of  defendant  in   criminal   case, 

weight  of  evidence  of  good  character. 

1913E-16. 
Circumstantial   ievidence   of  fraud,  weight 

and  sufficiency.     1912A-711. 
Comparative  weight  of  estimate  and  actual 

measurement,     1916E-573. 

Deposition    and    oral    testimony,    relative 

weight,     1917D-758. 
Divorce,  paramour's  testimony,  weight  and 

sufficiency    in    action    on    ground    of 

adultery.     1913A-1241. 
Dying    declaration    as,    entitled    to    same 

weight  as  statement  made  under  oath. 

1914C-222. 

Expert  and  opinion  evidence,  weight  of. 
4-986. 

Foreign  laws  proved  by  lawyers,  weight  of 
testimony.     20-1342. 

Intoxicating  liquor,  possession  of  federal 
license,  weight  in  prosecution  for 
violation  of  law.     1918D-781. 

Letterhead  or  billhead,  evidentiary  effect 
of  use  of  printed.     1917B-271. 

Marriage,  weight  and  sufficiency  of  proof. 
10-559. 


EVIDENCE— Continued. 

Master  and  servant,  general  reputation  of 
incompetency  of  fellow-servant,  weight 
in  action   against  master.     18-930. 

Memory  of  oral  statements,  weight  of  tes- 
timony based  on.     18-1191. 

Perjury,  weight  and  sufficiency  of  evidence 
in  prosecution.     6-813. 

Photographs  as  evidence,  weight  of.  lo- 
gs;   1913D-1277. 

Positive  and  negative-  testimony  as  to  lo- 
comotive and  street-car  signals,  weight 
of.     12-1033;   18-633;   1916A-163. 

Private  detective's  testimony,  weight. 
1917A-589. 

Bailroads,  person  injured  at  crossing, 
weight  of  testimony  that  he  did  not 
see  or  hear  train  approaching,  when 
evidence  shows  that  he  must  have  seen 
or  heard  it  if  looking  or  listening. 
1912B-1133, 

Steam,  injuries  resulting  from  generation 
or  use,  weight  and  sufficiency  of  evi- 
dence,    1915D-854, 

Suicide  relied  on  as  defense  to  action  on 
life  insurance  policy  or  benefit  certifi- 
cate, weight  and  sufficiency  of  evi- 
dence,    17-34;   1913C-1261. 

Testamentary  capacity,  comparative  weight 
of  testimony  by  physician  and  layman 
on  question,     1914D-343. 

Uncontradicted  testimony,  weight  of.  4- 
982;   12-245, 

Want  of  similarity  between  statements  of 
witnesses  as  to  transaction  occurring 
long  previous  thereto  as  affecting 
weight  of  testimony,     1913A-793. 

Weather  records  as  evidence,  weight.     19- 

854. 

C.    Sufficiency  of  Evidence. 

Accidental  death  under  accident  insurance 
policy,  sufficiency  of  evidence.  9-921; 
1916B-229. 

Acknowledgment,  impeachment  of  certifi- 
cate, evidence  requisite.  7-251; 
1917A-368, 

Assault  with  intent  to  commit  robbery, 
sufficiency  of  evidence,     1918A-416, 

Confusion  of  goods,  sufficiency  of  evidence 
in  action  to  recover  for  tortious  or 
wrongful   confusion.     1913E-673, 

Deed  found  in  grantor's  possession  after  his 
death,  sufficiency  of  evidence  of  de- 
livery.    1914C-858. 


334    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


EVIDENCE — Continued. 
Finger-prints,      sufficiency      as      evidence. 
1917A-417. 

Gas,  injury  caused  by  escape  prom  pipes, 
sufficiency  of  evidence.  1914C-356; 
1916E-280. 

Gift  of  land,  evidence  sufficient  to  estab- 
lish parol  gift.     12-494;  21-289. 

Handwriting,  probative  eflfect  on  issue  of 
genuineness  of  similarities  or  dissimi- 
larities in  manner  of  writing  words  or 
letters,   sufficiency.     1913B-1317. 

Infants,  emancipation  of  infant,  sufficiency 
of  evidence.     1917D-o85. 

Insanity,  suicide  as  evidence  of.  1912A- 
44;    1916E-488. 

Lost  instrument,  proof  establishing  con- 
tents,   sufficiency.     2-41;    1917A-1104. 

Mailing  of  letter,  sufficiency  of  evidence  to 
show.     19-651;  1917E-1076. 

Marriage,  proof  by  testimony  of  eye-wit- 
ness.    1916A-653. 

Nunc  pro  tunc  amendment  of  record  on  en- 
try of  judgment,  sufficiency  of  evi- 
dence to  warrant.     1915D-681,  692. 

Personal  injury  for  which  suit  is  brought, 
sufficiency  of  proof  of  infliction  "on  or 
about"  certain  day.     1916A-217. 

Reformation,  mutual  mistake  warranting 
reformation  of  instrument,  sufficiency 
of  evidence.     19-360. 

Safeguards,  practicability  of  guarding  ma- 
chinery  from   which   servant  has   sus- 
.    tained  injury,  sufficiency  of  evidence. 
18-133. 

Trusts,  establishment  of  constructive  or  re- 
sulting trust,  sufficiency  of  evidence. 
1916D-1194. 


15.    Practice  in  Taking  Testimony. 

Bill  of  particulars,  right  as  to  matters  of 
evidence  in  negligence  action.  1916B- 
108. 

Failure  to  object  to  admission  at  former 
trial  as  precluding  objection  at  subse- 
quent trial.     19-1279. 

Libel  or  slander  action,  admissibility  a 
matter  for  court  under  statute  em- 
powering jury  to  determine  law  and 
facts.     1915D-1268. 

Production  for  use  in  other  jurisdictions, 
duty  of  court  to  compel  irrespective  of 
its  admissibility.     6-577. 


EVIDENCE— Continued. 

Eule  of  court  dispensing  with  introduc- 
tion of  evidence  on  point  not  dis- 
puted by  parties,  validity.  1912D- 
795. 

Taking  of  evidence,  term  "corporation"  in 
statute  as  including  municipal  cor- 
poration.    1913B-747. 

EXAMINATION. 

{See  Physical  Examination. 


EXAMINERS. 

Bank   examiner.     See   Banks. 

Title   examiners.     See  Abstracts  of  Title. 

EXAMINING  MAGISTRATES. 

See  Magistrates. 


EXCAVATIONS. 

Abutting  owner  creating  in  highway  as 
giving  municipality  right  of  action 
over  for  damages  paid.     14-1048. 

Adjoining  building  injured  by  land 
owner  excavating  own  premises,  lia- 
bility.    21-15;  1917A-352. 

A.ttractive  nuisance  doctrine  as  applicable 
to  excavation  or  the  like  made  by 
city.     1915C-288. 

Contract,  supplementing  by  proof  of  col- 
lateral oral  agreement.     1914A— 4.'57. 

Independent  contractor,  person  employed 
in  excavating  or  filling  land.  19-23; 
1918C-655. 

Lights,    liability    of    master    for    injuries 

to   servant   resulting  from  insufficient 

lighting.     20-12. 
Mines    and    minerals,    unguarded    mining 

excavation,    liability    of    mine    owner 

or     operator     for     injuries     resulting. 

1916E-484. 
Owner  of  land,  liebility  to  adult  licensee 

who    falls    into     excavation    thereon. 

1913C-750. 
Sliding  rock,  earth,  etc.,  causing  injury  to 

servant,    liability    of    master.     7-301; 

21-708. 

Streets,  excavation  for  laying  water-pipes. 
10-1100. 

. injury  from  excavation  in  street,  ap- 
plicability of  rule  that  complaint 
must  allege  negligence  as  proximate 
cause    of    injury.     1913E-82. 


EXCEPTIONS— EXECUTION. 


335 


EXCEPTIONS. 

See  Appeal  and  Error;  Deeds;    Statutes; 
Trial. 


EXCESS. 

Apportionment    of    excess    of    lands    sub- 
divided  into    tracts.     1912A-1273.* 


EXCESSIVE  LEVIES. 

Executions,  ground  for  setting  aside  sale. 
12-339. 

•^liability   of   officer  in   damages  for   ex- 
cessive  levy.     1914A-306. 

EXCESSIVE  VERDICT. 

See  Damages;  Verdict. 


EXCHANGE. 

Negotiability    of   note    payable    "with    ex- 
change."    1-385;     1912D-4. 


EXCHANGE  OF  PROP- 
ERTY. 

Agent's  authority  to  exchange  property 
under  power  to  sell.     10-421. 

Breach  of  contract  to  exchange  property, 
measure  of  damages.     15-475. 

Broker's  right  to  commission  where  ex- 
change defeated  by  act  of  owner. 
20-1025. 

False  representations  inducing  exchange, 
measure   of   damages.     15-458. 

Inability  of  party  to  perform  contract  for 
exchange,  measure  of  damages.  2- 
635. 

Meaning  of  "about"  with  reference  to 
quantity  in  contract  to  exchange 
land.     1918D-704. 

Parol  contract  as  affected  by  statute  of 
frauds.     1912A-308. 

Specific  performance  of  contract.  1918D- 
717. 

EXCHANGES. 

See   Stock  Exchanges. 

EXCHANGING  WORK. 

Injury  to  employee  exchanging  work  with 
another  as  accident  arising  out  of  and 
in  course  of  employment  under  Work- 
men's  Compensation   Act.     1913C-10. 


EXCISE  COMMISSIONERS. 

Necessary  expenses,  '  what  constitute. 
iyl8D-926. 

EXCISE  TAXES. 

See  Licenses;   Taxation. 

Distinction  between  excise  tax  and  prop- 
erty tax.     1914B-643. 

EXCLAMATIONS. 

Pain,  admissibility  in  evidence  in  actions 
involving  bodily  injuries.  15-799; 
1916A-830. 

EXCLUSION  FROM 
COURTROOM. 

Eight  of  criminal  court  to  exclude  persons 
from  courtroom.  9-111;  20-632; 
1917E-625. 

Witnesses,  effect  of  disobedience  of  rule 
excluding  witness  from  courtroom 
during  trial.     9-368. 

EXCLUSION  OF  JURY. 

Exclusion  during  argument  relative  to  ad- 
missibility of  evidence.    20-1141. 

EXCLUSIVE  PRIVILEGES. 

Constitutionality  of  statutes  granting  ex- 
clusive rights  or  privileges.     1-847. 

Depot  grounds,  right  of  railroad  company 
to  grant  exclusive  privileges  on 
grounds.     2-190;   14^-494;   1918A-702. 

EXCULPATORY  STATE- 
MENTS. 

Prior  exculpatory  statement  by  accused, 
admissibility  to  contradict  evidence 
given  by  him  or  on  his  behalf  at 
trial.     1917D-1101. 


EXECUTION. 

Legal  execution  of  insured  as  bar  to  ac- 
tion on  life  insurance  policy.     13-133. 


336    INDEX  TO  THE  NOTES,  1  AN^.  CAS.  TO  ANN.  CAS.  1918E. 


EXECUTIONS. 

1.  In  General. 

2.  Issuance  of  Writ. 

3.  Property  Subject. 

4.  Levy  of  Writ. 

5.  Execution  Sale. 

A.  Geneeallt. 

B.  Eights  op  Puechaseb  at  Invalid 

Sale. 

See  Exemptions;    Judicial  Sales;   Sheriffs 
and  Ck)nstables. 


EXECUTIONS — Continued. 

Lien  of  execution,  territorial  extent, 
1913E-198. 

Part  only  of  judgment  debt,  issuance  for. 
19-464. 

Priority,  issuance  as  giving  priority  to 
one  of  several  equal  judgments, 
*1917D-187. 

Supersedeas,  effect  upon  execution  after 
its   issuance.     5-786;    1914C-1223. 

Time  for  issuance  as  computed  by  exclu- 
sion or  inclusion  of  Sunday  or  holi- 
day.    1917E-941. 


1.    In  General 

Assignment  of  execution  to  or  for  benefit 
of  judgment  debtor  as  affecting  judg- 
ment lien.     1917C-557. 

Debtor's  rights  and  remedies  against  cred- 
itor who  issues  execution  after  debt 
has  been  paid.     19-368. 

Delay  in  issuance  or  levy  of  execution 
through  fraud  of  debtor,  right  of 
execution    creditor.     21-934. 

"Freeholder,"  defendant  in  execution  as 
freeholder.     1913D-333. 

Insane  persons  as  subject  to  execution. 
15-356. 

Lien  of  attorney  on  execution  in  his  pos- 
session connected  with  litigation. 
1917D-149. 

Lost  or  destroyed  writ  of  execution,  proof 
by  parol  of   contents.     1916D-252. 

Bemedy   by    execution   as    affecting   right 

of   action  on  domestic  judgment.     4- 

169. 
Eeplevin,  possession  under  execution,  right 

to    show    under    general    denial.     20- 

299. 

Statutes  relating  to  executions,  effect  of 
partial   invalidity.     1916D-80. 

Stay  of  execution  in  subsequent  action 
pending  garnishment  proceedings 
against  same  debtor.     9—479. 


2.    Issuance  of  Writ. 

Death    of    judgment    debtor,    right    to    is- 
sue thereafter.     1912D-1047. 
Injunction   to   restrain    execution    on    dor- 
mant   judgment.     13-862;     1918C-325. 

Interlocutory  order  for  payment  of  money, 
issuance  of  execution  to  enforce. 
1912D-178. 


3.    Property  Subject. 

Corporate  stock,  rights  of  unregistered 
transferee  as  against  levy.  21—1394; 
1917A-428. 

Interest,  effect  of  variance  of  execution 
from  judgment  as  regards  collection. 
8-169. 

Intoxicating  liquors,  liability  to.     17-300. 

Judgment  as  subject  to  levy  and  sale, 
21-745. 

Legacy   as   subject   to   execution.     21-201, 
Lessee's  interest  as  subject  to  levy.     15— 

867. 
Life    insurance    proceeds     as    subject    to- 

execution.     2-91. 

Purchaser's  interest  acquired  at  execution 
sale,  liability  to  levy  and  sale  under 
execution.     8—475. 

Quasi-public  corporations,  property  or 
franchise    as   subject   to   sale.     5-512, 

Stranger's  goods  mixed  with  those  of 
debtor,  right  of  officer  to  levy  on. 
18-948. 

Surplus  in  hands  of  officer  after  satisfy- 
ing execution,  levy  under  subsequent 
execution.     6-655. 

Trust  deed,  grantor's  interest  as  liable  to- 
execution,     1913A-1049. 


4.    Levy   of  Writ. 

Evidence   of  officer's  right  to  make  levy,. 

execution    as.     18-1128. 
Excessive   amount   of   property  levied   on, 

liability      of      officer      in      damages, 

1914A-306. 
Indemnity   for   enforcing   execution,   right 

of  officer  to  demand.     16-1045;   1914B- 

859. 


EXECUTIVE  OFFICERS. 


337 


k 


EXECUTIONS— Continued. 

—judgment  against  principal  on  indem- 
nity bond  as  evidence  against  surety. 
1915D-410. 

Ownership  of  personalty  levied  on,  direct 
opinion  of  witness  as  admissible. 
1912C-666. 

Belease  of  personal  property,  payment 
made  under  duress  to  obtain.  1913A- 
1355. 

Replevin  for  goods  seized  under  process 
against  another,  right  to  maintain. 
7-907;    11-302. 

Eetum  of  execution,  amendment  in  re- 
spect   to    officer's    signature.     17-459. 

Standing  crop,  sufficiency  of  levy.  15- 
884. 

Title  to  personalty  levied  on,  admissibil- 
ity of  acts  or  statements  of  defendant 
on  issue  while  in  possession  of  prop- 
erty.    1914D-690. 


5.    Execution  Sale. 

A.     Generally. 

Bids,  caveat  emptor  rule  as  precluding 
defenses  by  bidder.     18-501. 

— chilling  or  puffing  bids,  vacation  of 
sale  on  account  of.     3-423. 

Breach  of  condition  in  fire  insurance  pol- 
icy as  to  ownership  of  property,  exe- 
cution   sale    as     constituting.     2-358. 

Commission  for  selling  property  under 
execution,  right  of  officer  where  party 
entitled  to  proceeds  bids  in  property. 
1915C-1123. 

— validity  of  statute  allowing  sheriff  or 
similar  officer  percentage  of  amount 
collected  for  selling  property.  1913B- 
1299. 

Deficiency  judgment  on  execution  sale  as 
lien  on  property  after  conveyance  by 
judgment  debtor  during  redemption 
period.     13-320. 

Estates-tail  as  barred  by  execution  sale. 
1912B-61. 

Fraudulent  conveyance,  right  of  execution 
purchaser  to  recover  possession  in  ac- 
tion of  ejectment.     1914C-975. 

Injunction  against  execution  sale.  1918C- 
152,  324,  325,  328,  330,  332. 

Index  to  Kotes — 22 


EXECUTIONS — Continued. 

Judicial  sale,  execution  sale  as.  1913A- 
1217. 

Junior  execution,  rights  of  parties  on  sale 
under.     1917B-710. 

Leased  lands  sold  on  execution,  right  of 
purchaser  to  rents.     1912B-398. 

Partition,  right  of  purchaser  at  execution 
sale  to  maintain,  action.     1915D-1097. 

Payment  by  purchaser  at  execution  sale, 
proper  medium  of  payment.  1915C- 
996. 

Quieting  title,  right  of  purchaser  at  exe- 
cution sale  to  bring  suit.  1913B- 
380. 

Eeplevin  of  property  sold  under  process 
against  another,  right  of  lawful 
owner  to  maintain.     7-909. 

Sale  of  property  in  parcels  or  en  masse. 
8-741;    1913B-619. 

Satisfaction  of  sale  by  sheriff  under  im- 
plied promise  by  defendant  to  refund, 
right   to   recover   payment.     12-381. 

Setting  aside  execution  sale,  excessive 
levy  as  ground.     12-339. 

—parties,  plaintiff  in  execution  as  neces- 
sary party.     5-260. 

Sheriff's  deed,  effect  of  misrecital  in  deed. 
1913B-195. 


B.    Eights  of  Pubchasee  at  Invalid  Sale. 

Incumbrance  paid  by  purchaser  under 
void  execution  sale,  right  to  recover 
amount.     1915C-594. 

Limitation  of  actions,  effect  of  statute  as 
protecting  purchaser  at  void  sale. 
9-874. 

Property  sold  not  belonging  to  judgment 
debtor,  right  of  purchaser  to  recover 
from    judgment    creditor.     1913B-544, 

Restitution  where  property  sold  un- 
der judgment  subsequently  reversed, 
amount   of.     15-672. 


EXECUTIVE    OFFICERS. 

Unes    and    forfeitures,    power    to    remit. 
17-603, 

Governor,  immunity  from  judicial  control. 
3-391;    11-620;    1913B-789. 

Restraint  of  speech  or  press  by  executive 
as   unwarranted.     15-8. 


338    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


EXECUTORS  AND  ADMIN- 
ISTRATORS. 

1.  In  Creneral. 

2.  Appointment  and  Bemoval. 

3.  Bonds  and  Sureties. 

4.  Assets  and  Inventory. 

5.  Powers,  Duties  and  Liabilities. 

A.  Generally. 

B.  Personal  Liability. 

6.  Claims  Against  Estate. 

A.  Generally. 

B.  Bar  of  Nonclaim.  ~ 

7.  Suits  Affecting  Estate. 

8.  Sale   of  Property. 

9.  Distribution  of  Estate. 

10.  Accounting. 

11.  Compensation. 

12.  Administrators  Pendente  Lite  and  Do 
Bonis  Non. 

13.  Executors  De  Son  Tort. 

See   Descent   and  Distribution. 

1.    In  General. 

Amicus  curiae,  right  to  object  to  adminis- 
tration   proceedings.     1915A-196. 

Appealable  orders  in  administration  pro- 
ceedings.    1913C-850. 

"Child"  in  statute  relating  to  administra- 
tion of  estates  as  including  illegiti- 
mate  child.     1918B-254. 

Consul,  rights  end  duties  of  consul  with 
respect  to  decedent's  estate.  1913D- 
654;   1916D-237. 

Corporation  as  included  under  word  "per- 
son" in  statute  relating  to  decedents' 
estates.     20-747. 

Creditor's  bill,  reaching  interest  in  estate 
by.     1914B-959. 

Death,  grant  of  letters  as  evidence  of 
death.     I918A-1011. 

Declarations  of  executor  aa  admissible  on 
issue  of  undue  influence  in  execution 
of  will.     1913A-87. 

—relationship  to  decedent,  declarations 
in  behalf  of  relative  or  declarant 
who  is  claimant  of  decedent's  estate. 
21-1305;  1915C-1044. 

Flection  to  take  under  wife's  will,  act  of 
husband  as  executor  as  constituting. 
1916C-1207. 


EXECUTORS  AKD  ADMINISTRATOES— 

Continued. 

Equity  jurisdiction  of  settlement  of  de- 
cedent's estates.     2-870. 

Executory  contract  of  decedent  for  pur- 
chase of  realty,  descendible  and  de- 
visable quality  as  realty.     8-954, 

Infants,  necessity  and  propriety  of  ad- 
ministration upon  estate  of  minor, 
7-861. 

Limitation  of  actions,  application  of  gen- 
eral statutes  to  proceedings  for  ad- 
ministration of  decedents'  estates, 
2-773. 

Partnership  realty,  right  of  heir  as 
against  personal  representative  on 
death   of  partner,     1912D-1207. 

Person  presumed  to  be  dead,  right  to  and 
effect  of  administration  on  estate. 
3-1126;  7-881;  14-148;  1913B-5o6; 
1915C-114. 

Privileged  communication  to  decedent  as 
subject  to  waiver  by  personal  repre- 
sentative.    10-1118;    1913A-100. 

Prohibition  to  arrest  proceedings  in  pro- 
bate court.     1914A-138. 

Property    right    warranting    grant  of    ad-  ^. 

ministration,    right    of    action  within 

jurisdiction     as      sufficient.  1917C- 
1217. 

Public    administrators,    1918B-1059. 

Regularity  of  administration  proceedings, 
presumption  arising  from  lapse  of 
time.     1913A-1038. 

Eesidence  as  synonymous  with  "domicile" 
in  matters  of  administration  and  pro- 
bate.    1915C-787. 

"Eight  heirs,"  phrase  as  used  in  will  as 
including  personal  representatives. 
16-299. 

Stranger,  questions  of  title  to  property 
between  estate  and  stranger,  jurisdic- 
tion of  probate  court  to  determine, 
6-878. 

Taxation  of  decedent's  personal  property, 
situs  for  purpose.     1-438;    2-851,         . 

Title    to    real    estate,    power    of    probate    • 
court  to   determine   questions  inciden-- 
tally  involving.     5-192.  [ 

— questions  of  title  between  stranger  and 
estate,  jurisdiction  of  probate  court 
to  determine.     6-878. 

Wills,  executor  as  attesting  witness,  com- 
petency.    15-789. 


EXECUTORS  AND  ADMINISTRATORS. 


339 


I 


EXECUTORS  AND  ADMINISTRATORS— 

Continued. 

Witnesses,  transactions  with  deceased  per- 
son, waiver  by  personal  representa- 
tive of  incompetency  of  witness  to 
testify.     1913A-682. 


2.    Appointment    and   Removal. 

Alien  or  nonresident,  right  to  act.  3— 
988;  1912A-747. 

Annulment  of  letters  on  subsequent  ad- 
mission  of  will  to  probate.     9-962. 

Appeal  and  error,  order  appointing  or  de- 
nying appointment  of  executor  or 
administrator,  right  to  appeal  from. 
1913C-858. 

■ — revocation  of  grant  of  letters,  necessity 
that  personal  representative  give 
bond   on  appeal  from   order.     20-416. 

Change  of  residence  to  another  state  as 
disqualifying  personal  representative 
from   acting.     3-991. 

Coadministrator,  power  of  court  to  ap- 
point against  consent  of  persons  en- 
titled to  administration.     4-550. 

Collateral  attack  on  decree  granting  let- 
ters testamentary  or  of  administra- 
tion.     4r-1117;  1912A-983;  1915D-1095. 

Corporation,  right  to  be  executor.  1913B- 
1165. 

Creditor  entitled  to  letters  of  administra- 
tion,  who   is.     1915A-55. 

Executor,  who  may  be.     1913B-1162. 

Intervention  and  contest  by  state  of  ap- 
pointment of  administrator  for  intes- 
tate estate.     1913C-1035. 

Nomination  of  administrator  to  exclusion 
of  person  next  entitled,  right  of  per- 
son entitled  to  administer.  17-948; 
1914A-1014. 

Removal  of  executor  or  administrator, 
power  of  court.     1915D-284. 

Renunciation  of  trust  by  executor,  what 
constitutes.     20-836;    1918D-459. 

— retraction  of  renunciation,  right  of  ex- 
ecutor.    1916D-1301. 

Resignation  or  removal  of  executor,  ef- 
fect on  his  powers  or  duties  as  trus- 
tee.    1914C-609. 

Revocation  of  appointment  of  adminis- 
trator by  subsequent  discovery  of 
will.     1917B-1128. 


EXECUTORS  AND  ADMINISTRATORS— 

Continued. 

Widow  qualifying  and  acting,  effect  upon 
right  of  election  under  will.     4r-1037. 

3.     Bonds  and  Sureties. 

Debt  of  personal  representative  to  de- 
cedent, liability  of  his  sureties.  2— 
355;    1916D-636. 

Judgment  against  executor  or  adminis- 
trator as  evidence  against  surety  on 
official    bond.     9-155;    1915D-402. 

Property  not  assets  of  estate  coming  into 
hands  of  personal  representative,  lia- 
bility of  executor  or  administrator 
and    his   sureties.     19-560. 

Suit    on   bond    of   administrator,  right    to 

bring  in  state  other  than  that  in 
which  he  was  appointed.  1913B- 
348. 

Sureties    on    bond    fewer    than  required 

number,  validity  and  effect  of  bond. 
9-710. 

4.    Assets  and  Inventory. 

Advancement  made  to  member  of  de- 
cedent's family,  right  of  personal 
representative  to  recover.  1917A-134, 
141. 

Appeal  from  order  relating  to  inventory 
of    estate,    right    of.     1913C-860. 

Condemnation  money,  right  of  personal 
representative  as  against  heir  or 
devisee.     1912C-595. 

Crops,  growing  crops  as  passing  to  per- 
sonal representative  in  absence  of 
statute.     17-943. 

Damages  to  property  simultaneous  with 
death  of  owner,  claim  for  as  assets 
of  estate.     6-388. 

Indebtedness  of  executor  or  administrator 
to  estate,  duty  to  retain  from  his 
distributive    share.     6-810. 

Mortgage  to  deceased  or  debt  secured 
thereby,  effect  of  appointment  of 
mortgagor  as  executor  or  adminis- 
trator  of   mortgagee.     1912D-667. 

Real  estate  acquired  for  benefit  of  estate 
as   realty   or  personalty.     7-703. 

Release  of  debt  to  testator,  appointment 
of  person  as  executor  as  constituting. 
1913E-1278. 

Settlement  of  claim  in  favor  of  estate  by 
sole  distributee,  binding  effect  upon 
administrator.     10-555;     1913B-228. 


340    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


EXECUTORS  AND  ADMINISTEATORS— 

Continued. 

Shares  of  stock,  situs  for  purposes  of  ad- 
ministration.    1915B-702. 


5.    Powers,  Duties  and  Liabilities. 
A.    Generally. 

Appeal  from  judgment  refusing  probate, 
power    of    executor.     1917C-1079. 

Attorney,  power  to  employ  under  express 
contract  as  to  amount  of  compensa- 
tion.    1917B-216. 

Election  under  will,  power  of  personal  rep- 
resentative of  husband  to  exercise 
right  under  wife's  will.     1912B-529. 

Execution  sale,  right  of  personal  repre- 
sentative    to    enjoin.     1918C-260. 

Fiduciary  capacity,  executor  or  admin- 
istrator as  acting  in,  within  meaning 
of  Bankruptcy  Act.     1915A-1297. 

"Interest,"  term  as  including  adminis- 
trator's interest  in  decedent's  real 
estate.     1912B-524. 

Investments  beyond  jurisdiction  of  ap- 
pointing court,  right  of  fiduciary  to 
make.     14-834. 

Judgment  recovered  by  domiciliary  admin- 
istrator in  representative  capacity, 
right  to  sue  in  another  jurisdiction. 
1913B-626. 

Lease  of  oil  and  gas  lands,  power  of  ex- 
ecutor to  make.     1-406. 

Money  expended  in  unsuccessful  attempt 
to  sustain  will,  right  of  testamentary 
executor  to  recover  from  estate.  18- 
741;    1918D-166. 

Necessary  expenses  of  decedent's  estate, 
what  constitute.     1918D-923. 

Pledge  of  personalty  by  executor  or  ad- 
ministrator, validity  as  against  estate. 
1912C-979. 

Probate  judge  interested  as  executor  or 
administrator,  disqualification.  1912C- 
1167. 

Purchase  of  interest  of  legatee,  devisee, 
distributee,  or  heirs  in  estate  by  ex- 
ecutor or  administrator,  validity  and 
enforceability.     1913A-1115. 

Wills,  power  or  duty  of  personal  repre- 
sentative   to    contest.     1918B-537. 

B.    Personal  Liability. 

Carrying  on  business  in  which  deceased 
was   engaged   at   time   of    death,  per- 


EXECUTORS  AND  ADMINISTRATORS— 

Continued. 

Bonal  liability  for  conducting  without 
authority.     1912B-728. 

Contracts,  individual  liability  of  personal 
representatives  under  original  con- 
tracts founded  on  new  consideration. 
1-769;    18-292. 

— invalid  contract  as  imposing  no  personal 
liability.     1-774. 

Covenant  in  deed  to  realty  of  decedent, 
personal  liability  of  executor  or  ad- 
ministrator.    1914D-903. 

Frauds,  statute  of,  promise  made  by  ex- 
ecutor or  administrator,  construction 
of  provision  of  statute  relating  to. 
1913C-396. 

Inheritance  tax,  personal  liability  for 
payment.     1915A-265. 

Loans  for  use  of  estate  as  binding  rep- 
resentative or  estate.     1-771. 

Property  coming  into  hands  which  is  not 
assets  of  estate,  liability  of  personal 
representative  and  sureties.  19-560; 
1915D-121. 

Rents  of  leased  premises  held  by  de- 
cedent, liability  of  personal  represen- 
tative as  constructive  assignee. 
1916E-820. 

Tortious  or  negligent  acts,  personal  lia- 
bility to  third  person.     21-355. 


6.    Claims  Against  Estate. 

A.  Generally, 

Appeal,  order  refusing  or  allowing  claim 
against  decedent's  estate,  right  to  ap- 
peal.    1913C-860. 

Attachment  of  property  of  decedent's  es- 
tate under  writ  against  personal  rep- 
resentatives,  right   of   creditor.  5-912. 

Bill  in  equity  to  enforce  payment  of  debt, 
right  of  creditor  of  decedent  where 
no  personal  representative  has  been 
appointed  in  forum.     20-844. 

Building  contract  by  deceased  contractor, 
obligation  as  binding  personal  rep- 
resentative.    1912A-420. 

Carrying  on  business  as  directed  by  will, 
liability  of  entire  estate  of  decedent 
for    debts    contracted.     1915C-367. 

"Claim"  against  estate,  claim  for  legacy 
or  distributive  share  as  constituting 
claim  within  statute  providing  for  ed- 


EXECUTORS  AND  ADMINISTRATORS. 


341 


EXECUTORS  AND  ADMINISTEATORS— 
Continued. 

ministration    of    estates    of    deceased 
persons.     20-855. 

— ^undue  claim,  right  of  owner  to  have 
declared  valid  claim  against  dece- 
dent's estate.     1913D-1221, 

Enforcement  against  heir  or  devisee  of 
claim  against  decedent's  estate  as 
precluded  by  failure  to  file  or  ex- 
haust remedies  against  personal  rep- 
resentative.    1917C-96. 

Federal  court  jurisdiction  to  establish 
claim  of  foreign  creditor  against  es- 
tate    of    decedent.     1913D-464. 

line  imposed  in  criminal  case  as  recov- 
erable   against   estate.     19-1147. 

Funeral  expenses,  right  to  recover  in 
action  against  executor  or  adminis- 
trator in  representative  capacity. 
1915D-746. 

Garnishment  of  funds  held  by  executor 
or    administrator.     2-921. 

Monument  or  tombstone,  liability  of  de- 
cedent's   estate   for    cost.     1917B-256. 

Payment  of  claims  against  estate,  pri- 
mary liability  of  lapsed  legacy  or 
devise.     3-719. 

Presentation  of  claims,  mechanic's  lien 
claim,  presentation  against  decedent's 
estate  as  condition  precedent  to  fore- 
closure.    1913D-275. 

— mortgage  against  decedent's  estate, 
presentation  of  claim  as  condition 
precedent  to  enforcement.  1917B- 
156,   164. 

•—necessity  of  presentation  as  dispensed 
with  by  provision  in  will  for  pay- 
ment   of    debt.     15-624. 

Priority,  attachment  lien  not  perfected  by 
judgment  during  husband's  lifetime 
as  prior  to  widow's  share  in  estate. 
1913A-343. 

— insolvent  debtor's  estate,  priority  of 
debts    and    claims   of    state.     4-793. 

— judgment,  priority  between  judgment 
and  expenses  of  administration, 
funeral    and    last    illness.     1912A-778. 

"Require,"  legal  meaning  in  statute  re- 
lating to  notice  to  creditors  of  de- 
cedents.    1912A-1239. 

Services  rendered  decedent,  right  to  re- 
cover for,  where  attempt  in  will  to 
make  payment  fails.     1913A-480. 


EXECUTORS  AND  ADMINISTRATORS— 

Continued. 

Setoff  by  personal  representative  in  action 
brought   against   him   as   such.     8-307. 

Stockholder's  liability,  enforcement  against 
his  estate.     1913A-384;   1916C-685. 

Subrogation  of  one  advancing  money  to 
pay  debt  or  incumbrance  against  de- 
cedent's estate,  to  creditor's  rights. 
11-676;    1915C-130. 

Suretyship,  failure  of  creditor  to  file 
claim  against  principal's  estate  as 
releasing   surety.     1912D-811. 

Taxes  on  property  which  escaped  taxation 
during  decedent's  lifetime,  liability 
of  estate.     18-350;  1913C-1373. 

B.    Bar  or  Nonclaim. 

Funeral  expenses,  running  of  statute  of 
limitations    against    claim.     19-791. 

Nonclaim,  exceptions  to  and  interrup- 
tions of  statutes  of  nonclaim.     3-576, 

Payment  to  creditor  of  claim  barred  by 
statute  of  nonclaim,  right  to  recover. 
1915B-260. 

Removal  of  bar  of  nonclaim,  institution 
of  suit  as  sufficient  presentation  of 
claim  against  decedent's  estate  to 
effectuate.     14-931. 

Revival  of  barred  debt  by  inclusion  in 
inventory  of  assets  or  schedule  of  lia- 
bilities.    4-940. 

Setoff,  right  of  person  sued  by  personal 
representative  to  set  up  claim  against 
deceased  not  presented  within  stat- 
utory  period.     7-850;   1914D-224. 


7.    Suits  Affecting  Estate. 

Chattel  mortgages,  right  of  personal 
representative  of  insolvent  to  assail 
validity.     2-712. 

Death  by  wrongful  act,  alien's  death, 
right  of  administrator  of  estate  to 
sue    for.     12-223. 

— recovery  by  administrator  for  death  of 
wife  as  bar  to  recovery  by  husband 
for  tort.     14-554. 

— settlement  of  claim  by  personal  repre- 
sentative as  bar  to  recovery.  1916D- 
351. 

Ejectment  for  lands  of  deceased,  right 
of  personal  representative  to  bring. 
15-569. 


342    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


EXECXJTOES  AND  ADMINISTEATOES— 
Continued. 

Forma  pauperis,  right  of  personal  repre- 
sentative to  sue  in,     1-805. 

Fraudulent  conveyance  by  decedent,  right 
of  personal  representative  to  set 
aside.     18-37;  1915B-212. 

Insolvent  estate,  payment  made  to  cred- 
itor in  excess  of  pro  rata  share,  right 
of  personal  representative  to  recover. 
19-794. 

Joinder  of  executor  or  administrator  as 
defendant  in  both  personal  and  repre- 
sentative capacity.     3-287. 

Legatee's  or  distributee's  right  to  sue  for 
assets  belonging  to  decedent's  estate. 
4-193;    20-95. 

Limitation  of  actions,  death  by  wrong- 
ful act,  commencement  of  running 
of  statute  against  action.     17-519. 

• — new  promise  to  personal  representative 
of  deceased  creditor  as  removal  of 
bar  of  statute.     5-812. 

• — waiver  of  statute  by  personal  repre- 
sentative.    1912A-6. 

Mechanic's  lien,  personal  representative 
as  necessary  or  proper  party  to  fore- 
closure action.     1918B-16. 

Mortgages,  necessity  that  executor  of 
mortgagor  filing  bill  to  redeem  mort- 
gaged property  pay  all  debts  subse- 
quently contracted  between  him  and 
mortgagee.     1914A-733. 

Pleading,  necessity  of  alleging  that  suit  is 
brought  in  representative  capacity. 
1916E-114. 

Quieting  title  to  decedent's  real  estate, 
right  of  personal  representative  to 
maintain  action.     1913A-996. 

Setoff  by  defendant  of  claim  against  de- 
ceased not  presented  within  statutory 
period,  right  in  action  by  personal 
representative.     7-850. 

"Witness,  competency  of  physician  in  ac- 
tion against  estate  for  medical  ser- 
vices.    8-147. 


8.    Sale  of  Property. 

Appeal,  sale  and  conveyance  of  decedent's 
realty,  right  to  appeal  from  decree 
relating  to.     1913C-861, 

Collateral  attack,  immunity  of  order  of 
probate  court  for  sale  of  decedent's 
real   estate.     3-234. 


EXECUTORS  AND  ADMINISTRATORS— 

Continued. 

Conveyance  by  personal  representative, 
as  such,  of  property  of  estate  as 
estoppel  against  claim  of  personal  in- 
terest    therein.     20-76. 

Deed  by  executor  or  administrator  to 
person  other  than  purchaser,  validity. 
5-708. 

Executor  as  sole  devisee  of  realty,  duty 
to  account  for  proceeds  of  sale. 
1914A-194. 

Frauds,  statute  of,  sales  by  administrators 
as  affected  by  statute.     7-1072. 

Implied  power  of  executor  to  sell  real 
estate  of  testator.  1916D-410,  448, 
449,   451. 

Injunction  against  sale  of  realty  by  ex- 
ecutor under  power  in  will,  right  of 
heirs  or  legatees  to  enjoin.  1912B- 
1019. 

Leave  to  sell  decedent's  realty,  limit  of 
time  within  which  will  be  granted. 
1917C-600. 

Lien  of  judgment  against  heir  or  devisee 
as  attaching  to  land  sold  by  executor. 
1915C-1022. 

Limitation  of  actions,  effect  of  statute 
to  protect  purchaser  at  executor's  or 
administrator's  sale.     9-872. 


9.    Distribution  of  Estate. 

Appeal  from  order  made  in  distribution 
of    decedent's    estate.     1913C-862. 

Death  of  beneficiary,  right  of  succession 
to  fund  in  hands  of  executor  or  trus- 
tee under  will  giving  latter  discre- 
tion in  paying  fund  to  beneficiary. 
1912D-1177. 

Heir's  distributive  share  in  realty  as 
chargeable  with  his  indebtedness  to 
estate  either  as  against  land  itself 
or  proceeds  of  sale.  7-563;  1916D- 
1294. 

interest,  when  chargeable  on  advance- 
ment in  distribution  of  testate  estate. 
1918E-287. 

Joint  debt  of  estate,  right  of  personal 
representative  to  set  off  legacy  or 
distributive  share  due  to  one  of  joint 
debtors.     21-812. 

Limitation  of  action  against  distribution 
of  decedent's  estate,  concealment  of 
facts  as  affecting  running  of  statute. 
1918D-316. 


EXECUTORY  CONTRACTS— EXEMPTIONS. 


343 


EXECUTORS  AND  ADMINISTRATOES— 

Continued. 

Nonpayment  of  legacy  to  which  presump- 
tion of  payment  has  attached,  burden 
of    proving,     2-747. 

Widow's  allowance,  effect  of  voluntary 
6ei>aration  on  right.     1916C-S66. 


10.    Accounting. 

Appeal  for  judgment  rendered  on  re- 
port, account  or  settlement  of  ex- 
ecutor or  administrator.     1913C-858. 

Lapse  of  time  as  barring  right  to  compel 
accounting  by  personal  representative. 
15-481. 

11.    Compensation. 

Appeal  from  order  relating  to  executor's 
allowance  and  fees.     1913C-861. 

Devise  or  bequest  to  executor  as  provision 
for  compensation  for  services  as  such. 
1913D-993. 

Extra  allowance  for  extraordinary  ser- 
vices, right  of  executor  or  adminis- 
trator.    1913A-1267;   1915A-149. 

Fees  of  administration,  validity  of  stat- 
ute   fixing.     1916C-213. 

Heir  or  legatee,  who  performs  services 
in  connection  with  settlement  of 
estate,  right  to  compensation.  1916B- 
196. 

Legal  services  of  executor  or  adminis- 
trator, right  to  compensation  for. 
19I3A-1273. 


12.    Administrators  Pendente  Lite  and  De 
Bonis  Non. 

Administrators  pendente  lite,  appointment 
and  powers.     6-263. 

Appeal  from  judgment  refusing  probate, 
power  of  administrator  with  will 
annexed.     1917C-1079. 

Appointment  of  administrator  de  bonis 
non  after  final  settlement  of  estate. 
5-497. 

Foreign  wills,  letters  of  administration 
with  will  annexed,  who  entitled  to. 
1914D-124. 

Power  conferred  on  testamentary  -ex- 
ecutor, right  of  administrator  with 
will   annexed   to   execute.     16-329. 


EXECUTORS  AND  ADMINISTRATORS-^ 

Continued. 

13.    Executors  De  Son  Tort. 

Intermeddling,  what  acts  charge 'person  as 
executor  de  son  tort.     1917E-3,  25. 

Subsequent  grant  of  letters  of  admin- 
istration as  validation  of  acts  of  ex- 
ecutor de  son  tort.    5-58. 

Validity  and  effect  of  acts  of  executor  de 
son  tort  with  respect  to  rightful 
representative    of    estate.     1914A-263. 

—with  respect  to  third  persons.  1912A- 
534. 


EXECUTORY  CONTRACTS. 

Assignability.     1-853. 

EXEMPLARY  DAMAGES. 
See  Damages. 

EXEMPTIONS. 

See  Income  Taxes;  Inheritance  Taxes; 
Licenses;  Process;  Special  Assess- 
ments; Taxation. 

"Apparatus,"  meaning  as  used  in  statute. 
1912C-610. 

Bankruptcy,  exemption  from,  execution 
as  affecting  insolvency  within  bank- 
ruptcy  law.     11-449. 

Barbers,  exemption  as  applicable  to  bar- 
ber's tools.     15-264. 

Cemetery  or  lot  therein,  exemption  from 
execution  as  including  special  assess- 
ments.    1912A-1055. 

"Child"  in  statute  relating  to  exemption 
of  head  of  family  or  householder  as 
including  illegitimate  child.  1918B- 
256. 

Conversion  of  exempt  property,  judgment 
for  as  subject  to  setoff  by  other  judg- 
ment.    14-322. 

Costs,  application  of  exemption  from  ex- 
ecution to  liability  or  judgment  for 
costs.     13-258. 

Creditor's  bill  to  reach  property  exempt 
from    execution.     1914B-955. 

Extending  or  lessening  exemption  from 
execution,  validity  of  statute.  1912B- 
259. 

Garnishment,  duty  and  liability  of  gar- 
nishee in  respect  to  exemption  right 
of  principal  debtor.     5-169. 


344    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918B. 


EXEMPTIONS— Continued. 

Homestead,  adopting  parent  or  adopted 
child,  right  to  benefit  of  homestead 
exemption.     21-1032. 

— crops,  homestead  exemption  as  ex- 
tending to.     1912A-120. 

— federal  statute  exempting  land  acquired 
as  homestead  from  liability  for  debt 
contracted  prior  to  issuing  of  patent, 
construction.     1912D-283. 

— ^hotel  or  lodging-house,  homestead  ex- 
emption as  extending  to  premises 
used  for.     1913E-1256. 

— husband's  right  to  assert  exemption 
from  debts  where  title  is  in  wife. 
14-1157. 

— lease  of  part  of  premises  as  affecting 
right  of  exemption.     16-1038. 

— ^loss  of  homestead  exemption  by  loss  of 
family.     12-717;   21-1148. 

Horses,  construction  of  statutes  exempt- 
ing horses  from  execution.     6-779. 

Injunction  against  execution  sale  of  ex- 
empt property.     1918C-219. 

Insurance  policies  exempt  under  state 
laws  from  claims  of  creditors  as 
exempt  under  national  Bankruptcy 
Act.     20-1191. 

"Necessary,"  meaning  of  term  as  used 
in  exemption  statute.     1918D-173. 

Nonresident,  right  to  claim  exemption  in 
absence  of  express  restriction  in 
statute.     10-500. 

Pension  or  bounty,  exemption  from  ex- 
ecution.    17-1191. 

Piano  as  exempt  from  execution.  1914D- 
508. 

Preparation  of  debtor  to  remove  from 
state  as  affecting  right  of  exemp- 
tion.    1913C-729. 

Presumption  and  burden  of  proof  of 
statutory  exemption  from  execution. 
1914C-245. 

Successive  exemptions,  right  of  debtor 
to  claim.     4-220. 

Transfer  of  exempt  property  in  payment 
of  debt,  statute  forbidding  creation 
of   lien    as   preventing.     1912A-671. 

Vehicle  as  tool,  implement  or  instrument 
within    exemption   statute.     1917D-96. 

Wages  exempt  from  execution,  right  to 
set  up  counterclaim  or  setoff  against 
demand.     1914A-1183. 

"Wearing  apparel,"  meaning  of  term  in 
exemption  statutes.     15-159. 


EXERTION. 

Disease  arising  from  overexertion  as  ac- 
cident under  Workmen's  Compensa- 
tion  Act.     1918B-330. 


EXHAUSTION  OF  LAND. 

Exhausting  land  as  waste.     1918D-552. 

EXHIBITIONS. 

See  Fairs  and  Expositions;  Theaters  and 
Amusements. 

Independent  contractor  as  tested  by  char- 
acter of  employment  with  respect  to 
exhibition.     19-23. 

Sunday  laws,  exhibition  as  within  pro- 
hibition.    21-681. 


EXHIBITS. 

Depositions,  identification  of  exhibit  re- 
ferred  to   in  deposition.     1918E-282. 

Evidence  against  accused,  right  to  be 
given  opportunity  to  inspect  exhibits. 
1914B-902. 

Personal  injury  case,  right  of  plaintiff 
to  exhibit  person  to  jury.  1913D- 
245. 

Variance  between  exhibit  and  pleading 
in  civil  case,  which  governs.  16- 
490. 


EXHUMATION. 

Power  of  court  to  order  exhumation  of 
dead  body  for  evidentiary  purposes. 
1916D-331. 


EXISTENCE  OF  PAYEE. 

Subscription,    validity    as    dependent    on. 
1913B-241. 


EXONERATION. 

See  Ball;  Suretyship. 

Damages  paid  on  account  of  unsafe  high- 
way, exoneration  between  municipal- 
ity and  abutting  owner.  1-945;  15- 
1047;    1918C-1144. 


EX  PARTE  ORDERS— EXPERT  WITNESSES. 


345 


EX  PARTE  ORDERS. 

Appeal  from  ex  parte  order,  right  of. 
10-38. 

Making  ex  parte  order  without  formally 
instituting  action,  right  of  court. 
1913B-104. 


EXPATRIATION. 


Expatriated      person 
1916D-305. 


as     alien     enemy. 


Women,    effect    of    marriage    on    citizen- 
ship.    1915B-265. 


EXPECTANCY. 

Quitclaim   deed,   sufficiency  to  pass  inter- 
est   in    expectancy.     1913C-367. 

Kelease    by    heir    to    ancestor,    validity. 
1913B-451. 

Transfer  of   expectancy  made  by  heir  or 
beneficiary      to      stranger,      validity. 
1916E-1241,  1259,  1263,1267;    1917D- 
945. 


EXPENSES. 


for     expense     of 
property,     1913E- 


Attachment,  liability 
keeping  attached 
758. 

Attorney's  fees  as  included  under  ex- 
penses.    1914C-1300. 

Defending  assault  on  title,  expense  as 
payable  by  covenantor  under  covenant 
of  warranty  or  against  incumbrances. 
1913B-873. 

Elections,  candidate  at  primary  or  election 
required  to  file  statement  of  expenses, 
validity  and  construction  of  statute. 
1915A-356. 

— statute  limiting  expenditure  as  vio- 
lating constitutional  liberty  of  speech 
and   press.     1915B-1186. 

Legal  proceedings,  authority  of  attorney 
to  incur  expenses  for  client.  1912D- 
313. 

Necessary  expense  in  administering  trust 
estate,  what  is.     1918D-924. 

Eeceivers,  liability  of  party  procuring 
appointment  for  expenses  of  receiver- 
ship.    13-1161;  1913B-538. 

— ^preference  in  distribution  of  assets, 
costs  and  expenses  of  receivership  of 


EXPENSES — Continued. 

private    corporation    as    entitled    to. 
7-585. 

Trusts,  expense  incurred  in  protecting 
corpus  as  payable  out  of  income  or 
corpus.     1918E-956,    960,    982,    992. 

Usury,  borrower  required  to  pay  ex- 
penses of  loan  as  constituting  usury. 
1914C-410. 


EXPERIENCE. 

Servant,    incompetency    as    dependent    on 
inexperience.     1912C-98. 

Testimony  opposed  to  common  experience, 
withdrawal   from   jury.    1917B-473. 


EXPERIMENTS. 

Admissibility  in  evidence  to  show  that 
occurrence  could  not  have  happened  as 
alleged.     1912D-1264, 

Experiments  made  in  presence  of  jury, 
admissibility  in  evidence.  7-216; 
1912B-296. 

Jury,     articles     introduced     in     evidence, 

right    of    jury    to    experiment    with. 

1915B-744. 
— view   by   jury,  right  to   make   evidence 

for    themselves    by    experiment.     18- 

571. 

Master  and  servant,  experiment  by  master 
with  new  and  untried  device  es  neg- 
ligence.    1912C-335. 

Tables  compiled  from  and  showing  results 
of  experiments,  admissibility  in  evi- 
dence.    19120-189. 


EXPERT  ACCOUNTANTS. 

County  or  other  municipal  corporation, 
power  to  employ  expert  to  examine 
public  accounts  and  records.  1913B- 
1087;    1917D^42, 

Failure  to  disclose  true  status  of  accounts, 
liability.     1914C-722. 

Eees  of  expert  accountant,  personal  lia- 
bility  of  attorney   for.     1917B-525, 


EXPERT  WITNESSES. 

Appointment  by  court  as  witnesses  in 
criminal  cases,  validity  of  statute 
providing   for.     1912B-691. 


316    INDEX  TO  THE  NOTES,  1  ANT^.  CAS.  TO  ANN.  CAS.  1918E. 


EXPEET  WITNESSES— Continued. 

Arbitrators  appointed  on  account  of 
special  knowledge,  necessity  of  tak- 
ing   testimony.     8-511. 

Attorney's  services,  admissibility  of  ex- 
pert evidence  on  question  of  value. 
20-53;    1914D-369. 

Construction  work,  competency  of  expert 
to  testify  whether  was  properly 
done.     1912D-903. 

Cross-examination  es  to  competency  be- 
fore testifying,  right  of.     7-583. 

Examination    in    connection    with    use    of 

scientific    books.     16-818. 
Expectancy  of  life,  competency  to  testify 

to.     10-621. 

Facts  upon  which  opinion  of  expert  wit- 
ness is  based,  necessity  of  stating. 
20-883. 

Hypothetical  questions  to  witness,  neces- 
sity of  containing  all  evidence  on 
point  in  issue.     18-646. 

Number  of  expert  witnesses,  power  of 
court  to   limit.     1916B-772, 

Physician,  competency  to  testify  as  ex- 
pert in  respect  to  wound  or  injury 
where  he  has  not  had  similar  case. 
14-137. 

Qualification  of  witness  to  testify  as 
matter  resting  in  discretion  of  trial 
court.     1912D-817. 

Temperate  or  intemperate  condition  of 
person,  competency  of  witness  to  tes- 
tify to.     13-253. 

Ultimate  fact,  whether  witness  may  give 
opinion    as   to.     1914B-191. 

Weight  of  testimony  by  expert.    4-986. 


EXPIRATION  OF 
CHARTER. 

Dissolution  of  corporation  at  instance  of 
minority  stockholder,  expiration  of 
charter   as   ground.     1918E-426. 

EXPLOSIONS  AND  EX- 
PLOSIVES. 

Blasting  accompanied  by  actual  physical 
invasion  of  property,  liability  for  in- 
jury to   property.     11-347. 

— concussion  or  vibration  causing  injury 
to  property.  2-201;  19-787;  19160- 
1176. 


EXPLOSIONS  AND  EXPLOSIVES— Con- 
tinued. 

— independent  contractor,  liability  of 
owner  of  premises  for  damages  caused 
by.     14-1161. 

— railroad  company's  liability  for  dam- 
ages caused  by  blasting  to  land 
through  which  it  has  acquired  right 
of    way.     19-339. 

Boilers,   "domestic  purposes,"  meaning   as 

used  in  Boiler  Explosion  Act.     1912B- 

€21. 
— insurance      against      boiler      explosions. 

1915A-651. 
— liability     for     injuries     resulting     from 

boiler    explosion.     1915D-850,    862. 
— res  ipsa  loquitur  doctrine  as  applicable 

to        boiler        explosion.      1912A-980; 

1914D-971. 

Carrier  of  goods,  liability  of  person  ship- 
ping   explosives    to    carrier.     18-20. 

"Dealer,"  seller  of  powder  as  dealer. 
1917A-961. 

Fire  insurance  liability  under  policy  ex- 
cepting explosions  from  risks  cov- 
ered.    5-780;    1913A-1300. 

Fireworks,  injuries  resulting  from  dis- 
charge,   liability.     5-539;    13-547. 

Gas  escaping  from  pipes,  liability  of  gas 
company   for   injuries.     1914C-357. 

Inducement  to  violate  law  regulating 
manufacture  with  view  to  prosecu- 
tion as  defense  to  such  prosecution. 
1916C-733. 

Injunction  to  restrain  keeping  or  storing. 
14-594. 

Kindling  fire  by  use  of  kerosene  or 
similar  substance  as  negligence. 
1912A-630.   . 

Master  and  servant,  explosives  used  in 
prosecution  of  work,  duty  of  master 
to    warn   servant    of    danger.     12-248. 

Mechanic's  lien,  explosive  for  blasting 
as  "material"  for  which  mechanic's 
lien  may  be  had.     5-446. 

Mines  and  minerals,  premature  explosion, 
liability  of  mine  owner  to  servant 
for    injuries    caused.     19130-954. 

"Peril  of  sea,"  explosion  of  boiler  as 
within  marine  insurance  policy. 
1912D-1041. 

Person  keeping  and  storing  explosives, 
liability  for  injuries  caused  by  ex- 
plosion.    10-456;     20-827;     19160-820. 


EXPORTS— EXPRESSIO  UNIUS  EST  EXCLUSIO  ALTERIUS.    347 


EXPLOSIONS  AND  EXPLOSIVES— Con- 
tinued. 

Prescriptive  right  to  maintain  publia 
nuisance  in  keeping  explosives.  17- 
793. 

Seller's  liability  for  injuries  caused  by 
explosive.     5-181;   12-267;    1913E-399. 

Storage  of  gasoline  or  other  explosive  as 
nuisance.     1916C-820, 

—keeping  within  municipal  limits,  va- 
lidity of  ordinance  regulating. 
1918E-145. 

Throwing  away  small  quantity  of  explo- 
sive, liability  as  for  negligence 
where  person  injured  thereby. 
1915A-146;    1917B-345. 

Torpedo,  liability  of  railroad  to  persons 
injured    by.     1914C-1110. 

Toy  pistol,  liability  of  seller  in  damages 
for  injury  to  child  resulting  there- 
from.    1913C-804. 

Trespassing  children,  liability  of  owner 
of    premises    for   injury    to.     5-503. 

Workmen's  compensation,  injury  from  ex- 
plosion as  arising  in  course  of  em- 
ployment within  act.  1916B-1299; 
1918B-804,    810,    812,   817,    818. 


EXPORTS. 

Taxation     of     articles     exported.     1915D- 
1090. 

Trademark    infringement,    application    of 
domestic  statutes.    5-561. 


EXPOSING  BUILDINGS. 

Meaning    of    phrase    in    fire    or    marine 
policy.     1913C-73. 

EXPOSITIONS. 

See  Fairs  and  Expositions. 


EX  POST  FACTO  LAWS— Continued. 

with     respect     to     offense     committed 
before    its    enactment.     1912C-1121. 

Judicial  decisions  as  within  prohibition 
against.     1914C-228. 

Jury,  statute  changing  existing  law  re- 
specting peremptory  challenges  as 
ex  post  facto.     1912B-811. 

Laws  changing  punishment  as  ex  post 
facto.    3-77;  1915C-1058. 


EXPOSURE. 

Contagions  or  infectious  disease,  liability 
of  person  exposing  another.  1912B- 
64. 

Injuries  due  to  failure  of  railroad  to 
provide  suitable  waiting-room,  lia- 
bility.    6-571;   1912C-1214. 


EXPRESS  AGENCIES. 

Express  agency  as  trade.     1916A-1199. 

EXPRESS  COMPANIES. 

Exclusive  facilities,  right  of  railroad  to 
grant.     13-1079. 

Federal  Employers'  Liability  Act,  express 
agent  as  employee  of  railroad  under. 
1918B-52. 

Messenger  employed  by  company  for  ser- 
vice on  railroad  as  an  employee  of 
railroad  under  federal  Employers' 
Liability  Act.     191SB-52. 

Obscene  matter,  statute  regulating  send- 
ing by  express  as  violating  constitu- 
tional liberty  of  speech  and  press. 
1915B-1186. 

Kailroad  company's  power  to  conduct  ex- 
press business.     4-911. 

Eules  and  regulations,  reasonableness  as 
question   of   law   or   fact.     3-716. 


EX  POST  FACTO  LAWS. 

Felony  prosecution  changed  from  mode 
by  indictment  to  information  as  vio- 
lating constitutional  inhibition.  6- 
645. 

Increased  punishment  for  subsequent  of- 
fenses as  violative  of  constitutional 
inhibition  against  ex  post  facto  laws. 
18-925. 

Judges  sitting  in  trial  or  appellate  court, 
change    of   number   as   ex  post   facto 


EXPRESSIO  UNIUS  EST 
EXCLUSIO  ALTERIUS. 

Eule  as  applied  to  Workmen's  Compen- 
sation Act.     1917D-8. 

EXPRESS   MESSENGERS. 

Duty  and  liability  of  carriers  of  passen- 
gers to  express  messenger.  12-727; 
19-1207;  1913C-836. 


348    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


EXPRESS  WARRANTY, 

See  Warranty. 

EXPROPRIATION. 

See  Eminent  Domain. 

EXPULSION. 

Legislature,  power  to  expel  members.  Ji- 
759. 

Schools,  advance  payment  of  tuition  fee, 

recovery      on      expulsion      of      pupil. 

1915D-313. 
« — ^power  to    expel    or   suspend   pupil.     15- 

404;   1918A-400. 
« — suit  for  expulsion  of  child  from  school, 

right   of  parent.     12-406. 

Society  or  club  member,  termination  of 
membership  by  expulsion.  1913  C- 
399. 

EXTENSION  OF  BOUND- 
ARIES. 

School  district,  extension  of  boundaries 
as  affecting  school  tax.     1915B-1152. 

EXTENSION  OF  FRAN- 
CHISE. 

Extension  of  life  of  corporation  as  con- 
tinuation of  old  or  creation  of  new 
corporation.     1914B-390. 

EXTENSION  OF  TIME. 

Bills  and  notes,  accommodation  joint 
maker,  discharge  by  extension  of 
time  to  comaker.     13-999. 

^—accommodation  party  as  discharged 
under  negotiable  instruments  law  by 
extension  of  time  to  principal  debtor. 
1913C-527. 

' — construction  of  extension  or  agreement 
to  extend  time  of  payment  of  note. 
1918B-157. 

— negotiability  of  note  containing  provi- 
sion for  extension  of  time  of  pay- 
ment.    17-55;    1912D-7;    1914B-210. 

Mortgages,  extension  of  time  to  grantee 
who  has  assumed  mortgage  debt  as 
releasing  personal  liability  of  mort- 
gagor.    9-259. 


EXTENSION  OF  TIME— Continued. 

Suretyship,  consideration  for  contract  of 
suretyship,  extension  of  time  for 
payment  of  debt  as  sufficient. 
1918C-576. 

^-discharge  of  surety  by  extension  of  time 
in  consideration  of  payment  of  in- 
terest.    5-442. 

F^-€xpress  reservation  of  rights  against 
surety  on  extension  of  time  to  prin- 
cipal as  working  discharge  of  surety. 
1914B-1080. 


EXTORTION. 

Fee  received  before  due  as  extortion. 
15-1117. 

Labor  combination,  fining  nonunion  em- 
ployer  as   extortion.     6-851. 

^Payment,  demand  for  payment  of  debt 
in  connection  with  threat  of  prose- 
cution,  criminal  liability,     1917E-246. 

* — recovery  back  of  money  paid  under 
coercion  of  threats  of  criminal  prose- 
cution.    3-107, 

Property  obtained  in  belief  of  belonging 
to  self  or  to  person  for  whom  acting, 
liability  as  for  extortion.  1913D- 
453. 

Statutes  designed  to  prevent,  constitu- 
tionality.    1-433. 

Threat  to  accuse  of  crime  as  criminal 
offense.     9-196;    1917B-134. 


EXTRADITION. 

"Affidavit  made  before  magistrate,"  suffi- 
ciency within  federal  statute  relating 
to  interstate  extradition.  16-1100; 
1916A-526. 

Arrest  on  civil  process,  immunity  of 
prisoner  after  interstate  extradition. 
17-619. 

"Crime"  for  which  offender  is  subject 
to  interstate  extradition,  what  con- 
stitutes.    1912C-1298. 

Discharge  of  extradited  person,  right  on 
ground  that  extradition  was  unlawful 
or  void.     7-1056. 

Fugitive    from    justice,    burden    of    proof 

as  to   identity.     20-546. 
1 — who     is     fugitive     within     purview     of 

interstate    extradition   laws.     7-1076; 

13-907;  1918D-10il. 


EXTRAHAZARDOUS— EXTRINSIC  EVIDENCE. 


349 


EXTRADITION— Continued. 

International  extradition,  trial  for  crime 
not  designated  in  requisition,  right 
of.     10-639;    1918D-1030. 

Person  in  custody  on  charge  of  other 
crime  as  subject  to  extradition. 
1917B-337. 

Eearrest  in  extradition  proceedings  of 
person  discharged  on  habeas  corpus. 
6-499. 

Eeview  by  courts  of  executive  action  in 
interstate  extradition  proceedings. 
3-87-6;    13-931. 

"Similar  purpose,"  meaning  of  term  as 
used  in  statute  relating  to  extradi- 
tion.    18-795. 

Trial  for  crime  not  designated  in  requi- 
sition, right  after  interstate  extra- 
dition to  try  prisoner  therefor.  3- 
543;    1914B-799. 

Warrants,  issuance  on  complaints  made 
upon  information   and   belief.     1-654. 


EXTRAHAZARDOUS. 

Meaning  as  appKed  to  employment 
■within  purview  of  Workmen's  Com- 
pensation Act.     1917D-10. 


EXTRANEOUS  DOCUMENTS, 

See  Wills. 


EXTRAORDINARY 
RELIEF. 

Power  of  court  to  grant  on  Sunday. 
1916B-14,  39. 

EXTRATERRITORIAL 
OPERATION. 

Bankruptcy,  title  to  property  in  foreign 
country  as  affected  by  bankruptcy 
of  owner.     21-1040. 

Divorce  decree  or  statute  prohibiting  re- 
marriage of  party  or  parties,  extra- 
territorial effect.  15-758;  1918E- 
1074. 

— ^foreign  court  having  jurisdiction,  extra- 
territorial operation  of  divorce  de- 
cree.    4-864;  20-870. 

Federal  statutes,  operation  as  to  acts  of 
citizens  of  United  States  performed 
in  another  country.     16-1050. 


EXTBATERRITORIAI4      OPERATION — 

Continued. 

Inheritance  tax  as  operating  on  per- 
sonalty of  decedent  in  foreign  ju- 
risdiction at  time  of  death.  1913D- 
520. 

Injunction  against  proceedings  in  another 

state     or     country,     power     of     court. 

10-26;     16-673;     1913B-204;     1915A- 

834. 
— state,    right    to    enjoin    acts    committed 

in  another  state.     11-490. 
— trespass    on    realty    in    another    state, 

injunction  against.     8-519. 

Municipal  ordinances,  territorial  effect. 
13-136. 

Partition  of  land  in  another  state  or 
country,  power  of  court.     1912B-991. 

Public  service  commission,  extraterritorial 
jurisdiction.     1915B-734. 

Eeceiver's  certificates  as  issuable  outside 
state  of  receivership.     1913C-40. 

Ships  and  shipping,  seizure  of  vessels 
outside  territorial  jurisdiction  for 
violation   of   municipal   law.     3-811. 

Specific  performance  of  executory  con- 
tract for  sale  of  realty  situated  in 
another  state  or  country,  right  of 
vendor  to  maintain  action.  1912C- 
539. 

Tax  exemption  of  municipal  property  as 
extending  beyond  state  boundaries. 
1918E-88. 

Workmen's  Compensation  Act  as  applica- 
ble to  injury  received  in  another  ju- 
risdiction.    1914D-377;    1916B-162. 


EXTRA  WORK. 

Contractor's  right  of  recovery  as  affected 
by  nature  of  order.     7-213. 

United  States,  right  of  public  contractor 
for  additional  compensation.  1918E- 
14. 


EXTRINSIC  EVIDENCE. 

See  Evidence. 

New  promise  relied  on  to  bar  statute  of 
limitations,  admissibility  of  extrinsic 
evidence  in  aid.     1914B-226. 

Statute,  approval  or  disapproval  of  bill 
by  executive,  admissibility  of  ex- 
trinsic  evidence.     1917C-836. 


350    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918B. 


EYES. 

Foreign  substance  getting  into  passen- 
ger's eye,  liability  of  carrier  to  pas- 
senger for  injury  caused.     1913C-304. 

Injury  to  eye  or  eyesight,  adequacy  or 
excessivcness  of  verdict.  16-38; 
1913A-1376;   1916B-410. 

Loss  of  eyesight,  what  constitutes. 
1918A-531. 

Ocular  diseases,  special  regulation  of  per- 
sons  treating.     1917B-803. 

Oculists  or  opticians  as  within  statute 
regulating  practice  of  medicine.  9- 
203. 


EYE-WITNESS. 

Accidental  character  of  injury  to  be  es- 
tablished by  eye-witness,  validity  and 
construction  of  clause  in  accident  in- 
surance   policy   requiring.     1915C-817. 

Crimes,  duty  of  state  to  call  eye-wit- 
nesses.    16-918. 

Marriage  ceremony,  testimony  of  eye- 
witness as  proof.     1916A-653. 


F 


FACE. 

Injury  or  disfigurement,  adequacy  or  ex- 
cessivcness of  verdict.  16-40;  1913 A- 
1377;    1916B-411. 


FACILITY  OF  PAYMENT. 

Industrial      insurance,      construction      of 
clause  in  policy.     1918B-1193. 


FACTORIES. 

Known  danger,  forgetfulness  as  negli- 
gence  of   employee.     1913B-1202. 

Unoccupied  or  occupied  factory  under 
fire  insurance  policy  conditions. 
1912D-90. 

Water-power  for  factory  as  constituting 
public   use.     4^992;    10-1060. 

Workmen's  Compensation  Act  as  applica- 
ble to  employment  in  factory. 
1917D-18,  42. 


FACTORS. 

See  Agency;    Brokers. 

Agents  within  meaning  of  factors'  acts, 
who  are.     18-91. 

Breach  of  contract  to  sell  on  commission, 
recovery  of  profits  as  damages.  6- 
976;    10-654. 

Commissions  of  factor  on  sale  of  goods, 
right  where  buyer  rejects  goods  or 
fails   to   pay.     19156-169. 


FACTOB-S — Continued. 

Consignment  of  goods  and  contract  of 
sale,  distinction  between.  1915A- 
603. 

Distinction  between  factor  and  broker. 
1913C-1018. 

Factors'  acts,  rights  of  principal  and 
pledgee  on  pledge  by  factor  or  agent 
without  authority.     1913C-1299. 

Fiduciary  capacity  within  meaning  of 
Bankruptcy   Act.     1915A-1298. 

Insolvent  principal,  right  of  factor  to 
claim  advances  in  full.     6-311. 

Insurance,  duty  of  factor  to  insure  goods 
of  principal.     14-680. 

Xiien  for  commissions  as  dependent  upon 
possession.     3-644. 

Payment  to  merchandise  broker  as  dis- 
charging  purchaser.     14-804. 

Pledge  of  property  by  factor  without 
authority,  right  of  principal  to  re- 
cover property  or  its  value.  1913C- 
1290. 

Eegulation,  validity  of  state  or  municipal 
regulation  of  commission  merchants. 
1917B-631. 

Sale  of  goods  on  credit,  right  of.  1915A- 
17«. 


FACTORY  ACTS. 

See  Master  and  Servant. 


FAILURE  OF  CONSIDERATION— FALL. 


351 


I 


FAILURE  OF  CONSIDERA- 
TION. 

Antenuptial  agreement  for  release  of 
dower  or  like  interest,  effect  of  fail- 
ure   of    consideration.     1918A-1168. 

Burden  of  proof  in  action  on  bill  or  note 
with  respect  to  defense  of  want  of 
consideration.     18-205. 

Estoppel  to  set  up  by  giving  renewal 
note.     1916A-826. 

Partial  failure  of  consideration  as  de- 
fense to  action  on  bill  or  note.  2— 
430. 

Pleading,  right  to  set  up  defense  of  total 
or  partial  failure  of  consideration 
under  general  issue  or  denial  in  ac- 
tion on  negotiable  instrument. 
1913B-318. 

— right  to  show  partial  failure  under 
plea    of    total    failure.     1914B-758. 

Reformation  in  equity  of  instrument 
based    on    no    consideration.     10-523. 

Eemainders  and  reversions,  inadequacy 
of  consideration  as  ground  for  va- 
cating sale  of  vested  interest. 
1914B-1042. 

Specific  performance  of  contract,  inade- 
quacy of  consideration  as  ground  foi 
denying.     12-122. 


FAILURE  OF  PURPOSE. 

Corporation,  as  ground  for  suit  by 
minority  stockholders  to  wind  up 
corporation.     1918E-427. 


FAILURE  TO  REPLY. 

Oral  statement,  failure  of  party  to  civil 
action  to  reply  as  implied  admis- 
sion.    1918C-9,  40,  42. 

Written  communication,  admission  of 
truth  of  statement  made  therein  by 
failure   to   reply,     1914B-788, 


FAILURE  TO  SUPPORT. 

Infant,  criminal  liability  for  nonsupport 
of  wife.     1914D-590. 

Nonsupport  of  wife  having  separate  prop- 
erty as  ground  for  prosecution. 
1916A-857. 


FAILURE  TO  SUPPORT— Continued. 

Separation  agreement  as  bar  to  prose- 
cution.    1912D-1096. 

"Validity  of  statute  making  it  crime  for 
husband  to  abandon  or  fail  to  support 
wife.     1912B-280. 


FAINTING. 

Workmen's  compensation,  injury  result- 
ing as  accident  arising  out  of  and  in 
course    of    employment.     1913C-12. 


FAIRNESS. 

Burden    of    proving    fairness    of    transac- 
tion.    1912A-704. 


FAIR  RETURN. 

Doctrine  as   applied  to   reasonableness   of 
railroad   rates.     1913B-774;    1916A-9. 


FAIRS  AND  EXPOSITIONS. 

Appropriation    of    public    funds,    validity 

of  statute.     9-52, 
— displays  at  fairs  or  exhibitions,  validity 

of  appropriation  of  public  moneys  for. 

1-936. 

Awards,  right  of  exhibitor  to  appeal  to 
courts  from  decisions  as  to  award. 
15-191. 

Gambling  on  fair  grounds,  power  of  state 
to   suppress.     1914D-365, 

Independent  contractor,  person  engaged 
in  giving   exhibition   as,     19-23, 

Injury  to  visitor  or  one  competing  at 
fair,  liability  of  agricultural  board 
or  society,     1914B-1295. 

Safety  and  protection  of  patrons,  duty 
of  owners  and  managers  of  exhibi- 
tions and  places  of  amusement.  5— 
926;    15-517;    1915B-546. 

Sunday,  amusements  or  exhibitions  within 
prohibition  of  Sunday  laws.  16-406; 
21-681;  1914C-782. 


FALL. 

Workmen's  compensation,  injury  from  fall 
as  accident  arising  out  of  and  in 
course  of  employment.  19130-5,  G, 
10,   11,   23,   24;    1916B-1299. 


352    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E'. 


FALLEN  BUILDING. 

Fire     insurance,     construction     of     fallen 
building    clause    in   policy,     18-580. 


FALLING  FLOOR  OR 
WALL. 

Workmen's  compensation,  resulting  injury 
as  accident  arising  out  of  and  in 
course  of  employment.  1918B-791, 
792,  793. 


FALLING  OBJECTS. 

Adjoining  property  injured  by  falling  ob- 
jects, liability  of  land  owner. 
1914B-1171. 

Passenger   injured   by   falling   rocks   from 

railroad  banks  striking  train.     1912C— 

440. 
—injury  received  by  article  falling  from 

parcel  rack,  liability  of  carrier.     21- 

323;  1915B-269. 

Workmen's  compensation,  injury  resulting 
as  accident  arising  out  of  and  in 
course  of  employment.  1914B-500, 
501 


FALLING    OVERBOARD. 

Liability  of  carrier  by  water  for  injury 
to  or  death  of  passenger.  1917D- 
1038. 


FALLING  WALLS. 

Injury  to  adjoining  property,  liability 
of  land  owner.     1914B-1176. 

Bes  ipsa  loquitur  doctrine  as  applicable 
to  injury  to  person  in  highway  caused 
by  fall  of  wall.     1916E-1073. 


FALSE  CREDIT. 

Making  false  statement  as  scheme  to  de- 
fraud within  federal  statute  pro- 
hibiting use  of  mails  in  furtherance 
thereof.     1914D-1245. 


FALSE  ENTRIES. 

National    bank    books    or    reports,    what 
constitutes   false   entry.     20-947. 


FALSE  IMPRISONMENT. 

1.  What   Constitutes. 

2.  LlabiUty. 

3.  Actions. 


1.    What  Constitutes. 

Complaint  stating  no  offense  or  giving 
officer  no  jurisdiction,  liability  of 
complainant  for  issuance  of  warrant 
of    arrest    thereunder.     1912B-1373. 

Delay  in  presenting  prisoner  for  exam- 
ination or  trial  as  constituting  false 
imprisonment.     13-984;    1914A-717. 

Distinction  between  false  imprisonment 
and   malicious   prosecution.     21-457. 

Means  of  accomplishing  detention  or  re- 
straint, false  imprisonment  as  de- 
pending   on.     1912D-727. 

Mines,  refusal  to  furnish  servant  means 
to  leave  mine  as  false  imprisonment. 
1915C-822. 

Eestraint  of  liberty  other  than  by  actual 
confinement  or  detention  as  false 
imprisonment.     1916B-118. 

Ships  and  shipping,  refusal  to  furnish 
means  for  leaving  vessel  or  place 
of  similar  nature  as  restraint  amount- 
ing to  false  imprisonment.  1914B— 
1207. 

2.    Liability. 

Agent  instituting  malicious  prosecution 
for  causing  false  arrest  or  imprison- 
ment, liability  of  principal  for  act. 
1-723;    1914B-637. 

Extent  of  liability  of  one  causing  false 
imprisonnjent.     19-970. 

Judicial  officers,  civil  liability  for  false 
imprisonment.     4-325;     1914C-1166. 

Officer  arresting  wrong  person  under 
warrant,  liability  for  false  imprison- 
ment.    8-34.  1 

Participation  with  officer  in  making  un- 
lawful arrest  as  rendering  person 
liable  for  false  imprisonment.  13- 
195. 

Eeporting  commission  of  offense  to  police 

officer    for    arrest  by    officer    without 

warrant,  liability  of  person.     1917E- 
404. 


J 


FALSE  PRETENSES. 


353 


FALSE  IMPRISONMENT— Continued. 
3.     Actions. 

Admiralty  jurisdiction  of  action  for 
false    imprisonment.     13-1218. 

Evidence  of  result  of  criminal  prosecution 
in  action  for  false  imprisonment.  1- 
926. 

Excessive  or  inadequate  verdict  in  action, 
what  is.     1916C-505,  519,  521. 

Inconsistent  defenses  in  civil  action  for 
false   imprisonment.     1917C-737. 

Jail  conditions  and  treatment  therein, 
right  of  plaintiff  to  show  in  action 
for  false  imprisonment.     19-614. 

Mitigation  of  damages,  evidence  admis- 
sible   in    action    for.     1914A-1018. 

Want  of  probable  cause,  necessity  of 
alleging  and  proving  in  action  for 
false    imprisonment.     12-35. 


FALSE  PRETENSES. 

1.  In    General. 

2.  Acts  ConstitutiJig. 

3.  Actions. 

1.    In  General. 

Bankruptcy     discharge     as    affecting    lia- 
bility for  obtaining  property  by  false 
•    pretenses.     20-308. 

"Confidence  game,"  what  is.  1912A-758; 
1916A-734. 

Deception,  extent  to  which  false  pretenses 
must  be  calculated  to  deceive  in 
order  to  be  indictable.     7-32. 

Distinction  between  larceny  and  obtaining 
property   by   false   pretenses.     2-1010. 

Malicious  prosecution  on  charge  of  false 
pretense,  excessiveness  or  inadequacy 
of    verdict.     1916C-258. 

Property,  term  in  false  pretense  statute 
as  including  bills  and  notes.  9-970; 
1917D-627. 

Rescission  of  contract  of  sale  on  ground 
of  false  pretenses,  necessity  of  show- 
ing damage  to  give  purchaser  right 
of  action.     14-264. 


Truth     of     representations,     necessity 
ascertaining.     7-34. 

Index  to  Notes — 23 


of 


FALSE  PRETENSES — Continued. 
2.    Acts  ConstitutlniT. 

Animals,  representation  as  to  condition 
or  quality  as  criminal  false  pretense. 
1913C-273. 

Attempt  to  obtain  money  by  false  pre- 
tense,  what    constitutes.     1917B-1230. 

Charity,  obtaining  money  as  charity  by 
false  representations  as  false  pre- 
tense.    19-1131. 

Checks,  giving  worthless  check  es  con- 
stituting false  pretense.  8-1069;  14- 
510;    1916E-736. 

Corporation,  obtaining  money  by  false 
pretenses,  criminal  liability.  1916C- 
465. 

Existing  fact,  what  amounts  to  false 
representation   of.     1-980. 

Infants,  misrepresentation  of  age  by 
minor  as  constituting  false  pretense. 
21-437. 

Loan  of  money,  obtaining  loan  as  con- 
stituting crime  of  obtaining  money  by 
false  pretenses.     1916C-1158. 

Mortgage  on  property  not  owned  by 
mortgagor,  giving  as  false  pretense. 
14-287. 

Real  property  obtained  by  false  pretenses 
as  criminal  offense.  9-857;  18-397; 
1915D-470. 


3.    Actions. 

Cruel  and  unusual  punishment,  what  is. 
19-729. 

Defenses,  illegality  of  purpose  of  person 
defrauded  as  defense  in  prosecution. 
.  13-563;    1913B-92. 

— ^inducement  to  commit  offense  with  view 
to  prosecution  as  constituting  de- 
fense.    17-296;  1916C-731. 

Evidence,  similar  transactions,  admissibil- 
ity of  evidence  in  prosecution  for 
false  pretenses.     10-906;  17-464. 

Indictment,  construction  of  statute  pre- 
scribing form.     1918C-558. 

— ownership  of  thing  obtained  by  false 
pretenses,  necessity  of  alleging  in  in- 
dictment.    13-849. 

— person  defrauded,  sufficiency  in  respect 
to    description.     17-624. 

— written  instrument  ujwn  which  charge  is 
based,  sufficiency  of  allegations  in 
indictment.     11-833. 


354    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 

FALSE  PEETENSES— Continued.  FAMILY  BIBLE. 

Jurisdiction  of  offense  of  obtaining  prop- 
erty by  false  pretenses.  4-368; 
1&17E-311. 

FALSE  REPRESENTATIONS. 


Entries    as    admissible    to    prove    age    of 
person.     1912A-1218. 

FAMILY  EXPENSES. 


See  Fraud;  Life  Insurance;  Sales;  Vendor      Meaning  of  term.     1917C-575. 
and  Purchaser. 


FALSE  SWEARING. 

Distinction    between    false    swearing    and 
perjury.    8-881. 


FAMILY  RECORDS. 

Admissibility  of  entries  to  show  age,  mar- 
riage or  pedigree,  where  person  mak- 
ing   entry   is   alive.    6-59. 


FALSUS  IN  UNO,  FALSUS 
IN  OMNIBUS. 


FARE. 

See  Tickets  and  Fares. 


Instructions  to  jury  respecting  testimony      Passenger  traffic,  "fare"  as  used  with  re- 
of  witness.     8-450;  1912D-135L  spect   to.     21-91. 


FAMILY. 

Expenses,  meaning  of  term  "family  ex- 
penses."    1917C-575. 

Grandchild  as  inelHided  within  term 
"family."     1913B-460. 

Homestead  exemption,  loss  of  family  as 
working  loss  of  exemption.  12-717; 
21-1148. 

label  and  slander,  communication  to 
member  of  family  as  privileged. 
1917E-898. 

— defamation  of  family  as  slander  action- 
able by  any  member.     8-137. 

"Living  together,"  what  constitutes  by 
husband  and  wife  or  other  member  of 
family.     1915B-880. 

"Nearest  family,"  meaning  of  term  in 
will  designating  legatee  or  devisee. 
1913E-481. 

Persons  included  within  term  when  used 
to  designate  beneficiaries  in  insur- 
ance policy  or  benefit  certificate.  7- 
684;    11-570;    1917C-694. 

Eailroad  employees  and  families,  meaning 
of  "family"  as  used  in  Interstate  Com- 
merce Act  authorizing  issuance  of 
free  ticket  to.     1916B-326. 

Eeputation  of  deceased's  family,  admis- 
sibility of  evidence  in  prosecution  for 
homicide.     18-983. 

"Workmen's  compensation,  member  of  fam- 
ily as  "dependent"  within  act. 
1913E-481;   1918B-751. 


FARMERS. 

Farmer   aa    dealer.     1917A-961. 

Hawker  and  peddler  license  regulations 
as  inapplicable.     1912D-1292,  1297. 

"Trade,"  farmer  as  engaged  in.  1916A- 
1199. 

FARMING.    - 

Agreement  to  farm  on  shares  as  estab- 
lishing relation  of  landlord  and  ten- 
ant.    13-235. 

Changing  park  into  farm  as  waste. 
1918D-546. 

Lien  on  crops,  right  of  farm  laborer. 
20-356. 

Person  "engaged  chiefly  in  farming"^ 
within  bankruptcy  law,  who  is.  16- 
511;    1915C-101. 

Taxation  of  farming  lands  within  muni- 
cipal  limits.     1912A-342. 

"Workmen's  compensation,  agricultural  em- 
ployment as  within  purview  of  act. 
1917D-12. 


FARM  LOAN  ACT. 

Validity    of    statute.     1917E-16. 

FARRIERS. 

See  Horseshoers. 
Farrier  as  engaged  in  trade.     1916A-1199. 


FAST  DRIVING— FEEDSTUFFS. 


355 


FAST  DRIVING. 

Crime  for  conviction  of  whici  witness 
may  be  impeached,  fast  driving  as. 
1916A-276. 


FATHER. 

See  Parent  and  Child. 

Stepfather      as      included      under      term 
"father."    1917B-1118. 


FEDERAL  AGENCY. 

Foreign  corporation  acting  as  federal 
agency,  imposition  of  license  tax  on. 
I913C-816. 

Telegraph  company,  statute  permitting 
recovery  of  damages  for  mental  an- 
guish as  interference  with  federal 
agency.     1913C-868. 


FEDERAL  BOILER  IN- 
SPECTION ACT. 

Construction  of  statute.     1918C-584. 

FEDERAL  COURTS. 

See   Courts;    Removal   of   Causes. 

FEDERAL  EMPLOYERS'  LIA- 
BILITY  ACT. 

See  Employers'  Liability  Act. 

FEDERAL  GOVERNMENT. 

See  United  States. 

FEDERAL  HOURS  OF 
SERVICE  ACT. 

Construction   of   statute.     19180-797. 

FEDERAL  INCOME  TAX 
ACT. 

Validity  of  statute.     1917B-721. 


FEDERAL    OBLIGATIONS. 

State   taxation.     4-936. 

FEDERAL  OFFICERS. 

Ejectment  against  federal  officer  or  agent 
in  actual  possession  of  premises,  right 
to   maintain.     1913C-357. 

FEDERAL  PRACTICE. 

"As  near  as  may  be,"  meaning  of  term 
in  Practice  Conformity  Act.  1913I>- 
122. 

FEDERAL  RECEIVERS. 

See  Eeceivers. 

FEDERAL  RESERVE  ACT. 

nralidity  and  effect.  1917C-1099;  1918I>- 
1175. 

FEDERAL   SAFETY   AP- 
PLIANCE ACT. 

Contributory  negligence  as  defense  under 

act.     1914D-386. 
Couplers,  construction  of  act  in  reference  - 

to    keeping    couplers    in    repair.     14- 

239. 

i — vehicles,  cars,  etc.,  what  are  within 
statute  requiring  equipment  with 
automatic  couplers.     1913A-949. 

Interstate  commerce,  when  car  is  engaged 
in  interstate  commerce  within  mean- 
ing of  act.     21-390. 

Train,  what  constitutes  within  act. 
1915C-671. 

FEDERAL  STATUTES. 

See  Extradition;  Immigration;  Labor 
Laws;  Prostitution;  Telegraphs  and 
Telephones. 

FEEBLE-MINDED  PERSON. 

See  Insane  Persons. 


FEDERAL    LICENSES. 

Intoxicating  liquors,  possession  of  federal 
license  as  evidence  of  violation  of 
liquor  law.     1918D-775,  792. 


■     FEEDSTUFFS. 

Unwholesome  or  poisonous,  liability  of 
retailer  to  recovery  of  consequential 
damages.     16-499. 


356    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANx\.  CAS.  1918E. 


FEELmas. 

Libel  or  slander,  admissibility  of  testi- 
mony of  defendant  with  respect  to 
feelings  of  parties  toward  one  an- 
other.    16-748. 


FEES. 

See    Attorneys;     Jury;    Licenses;    Public 
Officers;  Witnesses. 

Custodian  of  records,  right  to  fee  for 
inspection  and  abstracting  of  records. 
6-542. 

Inspection,  petroleum  products,  statutory 
regulation  of  fees.     18-785. 

Justice  of  peace,  right  to  recover  fees  in 
separate    action.     9-372. 

Probate  or  administration  fees,  validity 
of    statute    fixing.     1916C-213. 

Schools,  right  of  public  college  or  school 
to  exact  incidental  fees  from  students. 
1914B-405. 


FEET. 

Exhibition  to  jury  in  personal  injury  case, 
right  of  plaintiff.     1913D-249. 

Loss  or  injury,  excessiveness  or  inad- 
equacy of  verdict.  16-27;  1913A- 
1370;    1916B-413. 

Workmen's  compensation,  what  constitutes 
loss    of   foot   within  act.     1918A-539. 


FELLOW-SERVANT 
DOCTRINE. 

See  Master  and  Servant. 

Abrogation  of  doctrine,  constitutionality 
of  statute.     10-1113;   19-196. 

Applicability  to  employee  riding  to  or 
from  work  in  master's  vehicle.  11- 
374;    16-289;    1912D-63. 

Conflict  of  laws  as  to  fellow-servant 
doctrine.     7-257. 

Estoppel  of  master  to  invoke  doctrine 
by  failure  to  comply  with  statutory 
regulation.     10-43. 

Forced  labor,  person  performing  and  co- 
worker as  fellow-servants.     4-479. 

Eailroads,  employees  within  meaning  of 
statute  abrogating  doctrine  as  to 
railroads.     11-924;   17-514. 


FELLOW-SERVANT  DOCTRINE— Con- 
tinued. 

— kind  of  railroad  intended  by  constitu- 
tional or  statutory  abrogation  of 
doctrine  as  to  railroad  employees.  8- 
1086;    1912D-648. 

— night  watchman  as  within  rule.  1912C- 
1038. 

Substitute  or  assistant  employed  by  ser- 
vant, doctrine  as  applicable  in  case  of. 
1913C-792. 


FELO  DE  SE  DOCTRINE. 

Application  to  pleading.     15-90. 


FELONIOUS. 

Indictment    or    information    for    adultery, 
use  of  word  "felonious."     1912A-263. 


FELONY. 

See  Criminal  Law. 

Civil  action  predicated  on,  merger  or  sus- 
pension.    1916C-847. 

Compounding  felony,  rescission  of  con- 
veyance consideration  of  which  is 
compounding  of  felony,  right  to. 
1913A-522. 

— validity  of  contract  made  in  considera- 
tion of  agreement  not  to  prosecute 
criminally.     15-310. 

Failure  to  disclose  felony  as  rendering 
person  accomplice  or  accessory  after 
the    fact.     19-144. 

Prosecution  by  information  without  in- 
dictment, constitutionality  of  stat- 
ute  providing  for.     6—644. 

Sentence  for  felony,  effect  of  failure 
to  ask  convicted  person  if  he  has 
anything  to  say  before  sentence. 
19i6C-97. 

FEMALES. 

See  Husband  and  Wife;  Widows;  Women. 


FENCES. 

Barbed-wire  fence  causing  injuries,  lia- 
bility of  owner.  1913D-781;  1915D- 
856. 


FENDERS— FIDELITY  INSURANCE. 


357 


FENCES — Continued. 

Covenant  against  incumbrances,  duty  to 
build  and  maintain  fence  as  breach. 
1913B-1067. 

— running  with  land,  covenant  to  main- 
tain division  fence  as  constituting. 
15-57. 

Division  fence,  location  of  partition  or 
division    fence.     11-199. 

— oral  contract  to  maintain,  validity  and 
enforceability.     1912C-470. 

— prescriptive  obligation  to  maintain. 
1917B-1253. 

Leased  premises,  destruction  or  erection 
of  fence,  liability  of  third  person  to 
landlord.     1912D-123. 

Railroads,  "adjacent"  in  statute  relating 
to  fencing  railroad  property,  mean- 
ing  of   term.     1913B-172. 

— adult  persons,  duty  to  fence  right  of 
way  as  including  duty  to  fence 
against  adult  persons.     20-1216. 

— children,  duty  to  fence  right  of  way 
as  including  duty  to  fence  against 
children.     13-187. 

— constitutionality  of  statutes  requiring 
railroads   to   construct  fences.     3-182. 

— depot  or  station  grounds  within  purview 
of  statute  requiring  railroad  to  fence 
tracks.     11-20;    1912D-628. 

— failure  of  railroad  to  fence  as  action- 
able negligence  in  favor  of  one  for 
whose  benefit  law  was  not  intended. 
9-430;    1912D-1107. 

— question  of  law  or  fact,  whether  failure 
of  railroad  to  fence  tracks  was  prox- 
imate  cause   of   accident.     1912D-4o4. 

— right  of  way  fence,  care  required  of 
railroad  in  keeping  in  repair.     11-430. 

Spite  fence,  right  to  damages  for  erection. 
19-478. 

— injunction  against  adjoining  land  owner 
to  restrain  maliciously  erecting  or 
maintaining  fence  of  unusual  height. 
9-734;    1915A-718. 

I  Trespassing  animals,  effect  of  statute  pro- 
hibiting recovery  for  damages  done 
on  unfenced  lands.     9-1095. 


Viewers,   constitutionality   of  statute   giv- 
ing   fence    viewers    power    to    assign 
division     fences    between     owners     to, 
maintain.     8^26. 


FENDERS. 

street-cars,     validity     of    laws     requiring 
equipment  with  fenders.     1912B-846. 


FERRIES. 

Disturbance  of  ferry,  what  constitutes. 
1916B-1201. 

Franchise  or  license,  transferability  and 
descendibility.     2-693. 

Infringement  of  franchise  by  operation  of 
private    ferry.     19-1033;    1914C-1207. 

— construction  of  bridge  as  infringing 
franchise.     12-255. 

Injury  to  passengers,  liability  of  owner. 
17-371;    1915C-1004;    1918E-1083. 

Interstate  ferries.     1-110;    16-865. 
Railroad     company's     power     to     operate 
ferry.     4-910. 

Taxation  by  state  as  regulation  of  inter- 
state commerce.     1914B-684. 


FERTILIZER. 

Place  for  storing  or  mixing  as  nuisance. 
1917D-1152. 


FIANCEE. 

See  Alienation   of  Affections;   Breach  of 

Promise;  Undue  Influence. 

FICTIONS. 

Bills  and  notes,  fictitious  payee  of  promis- 
sory note   or  bill.     1918A-669. 

Deeds,  fictitious  grantee,  validity  of  con- 
veyance to.     10-97. 

Partnership,  what  is  fictitious  partnership 
name.    10-812. 


FIDDLERS. 

Fiddler  as  engaged  in  trade.     1916A-1199. 

FIDELITY    INSURANCE. 

Act  or  default  of  employee  covered  bv 
fidelity  bond  or  insurance.  1917C- 
420,   450,   453. 

Application  for  insurance,  statutes  re- 
quiring copy  attached  or  delivered 
with  policy,  applicability.     14-1095. 


358     INDEX  TO  THE  NOTES,  1  ANN.  OAS.  TO  ANN.  CAS.  1918E. 


FIDELITY  INSUEANCE— Continued. 

Discharge  of  surety  on  bond,  bankruptcy 
discharge  of  principal  as  constituting. 
15-959. 

— failure  of  employer  to  notify  surety  of 
delinquency  of  employee  as  working 
discharge.     11-1031;  1912D-1286. 

False  representations  of  insured,  effect  on 
validity  of  policy  of  fidelity  or  guar- 
anty insurance.     8-608;    19150-732. 

Liability  of  insurer  limited  to  losses 
within  certain  period,  validity  and 
construction  of  contract.     1914C-1210. 

Premium  paid,  recovery.     1916C-1222, 


FIDUCIARIES. 

See  Trusts. 

Attorney,  misconduct  in  fiduciary  capacity 
other  than  that  of  attorney,  as 
ground  for  disbarment  or  suspension. 
1917B-232. 

Corporations,  purchase  of  stock  by  director 
es  affected  by  fiduciary  relation  to 
stockholder.  2-877;  1918B-241;  1918D- 
771. 

Embezzlement,  sufficiency  of  indictment 
with  respect  to  allegations  of  fidu- 
ciary relation.     1912C-903. 

Husband  and  wife,  fiduciary  relationship 
as  affecting  running  of  statute  of 
limitations  against  claims  existing  be- 
tween.    1914C-572. 

Insured  and  insurer  under  tontine  policy, 
fiduciary  relation  between.  1915B- 
638. 

Investment  of  funds  in  private  corpora- 
tion stock,  right  of  fiduciary.     16-69. 

Libel  and  slander,  statement  with  respect 
to  subject  matter  of  trust  as  priv- 
ileged within  law  of  libel  and 
slander.     1917B-227. 

Limitation  of  actions,  application  of  stat- 
ute as  between  trustee  and  benefi- 
ciary of  express  trust.  3-200;  13- 
1165. 

— ^mere  existence  of  fiduciary  relation  as 
barring  defense  of  statute  against 
action  for  money  received  on  behalf 
of  plaintiff.     1915B-250. 

Presumption  of  fraud  in  transactions  al- 
leged  as   fraudulent.     1-811. 

Trusts,  setting  aside  during  life  of  creator 
for   fraud    or    undue   influence,    effect 


FIDUCIABIES— Continued. 

of  existence  of  confidential  relations. 
1918C-845. 

Witnesses,  information  communicated  in 
fiduciary  relation  as  privileged  from 
disclosure.     1916C-701. 


FIDUCIARY  CAPACITY. 

Meaning  as  used  in  section  17   of  Bank- 
ruptcy   Act.     1915A-1295. 


FIELD-NOTES. 

Admissibility  in  evidence.     1917E-675. 


FIGHTING. 

Accident  insurance,  injuries  received  while 
fighting,  right  to  recover  under  pol- 
icy.    1916C-579. 

Contempt  of  court  when  in  presence  of. 
1912A-581. 

"Crime"  for  conviction  of  which  witness 
may  be  impeached,  fighting  as. 
1916A-276. 


FIGHTING  FIRE. 

Workmen's  compensation,  injury  in  en- 
deavor to  save  master's  property  as 
within  scope  of  employment  under 
act.     1916B-1308. 


FIGURES. 

Alteration  of  figures  on  check  as  forgery. 
1912D-240. 

Omission  of  dollar-mark  with  figures  de- 
noting money,  effect  in  instrument, 
indictment,  etc.  1915C-335;  1916B- 
542. 

Precise  correspondence  of  figures,  infer- 
ence which  may  be  drawn  from. 
1915B-1191. 


FILIATION  PROCEEDINGS. 

See  Bastardy. 


FILING. 

Chattel  mortgage,  place  of  filing  of  in- 
strument given  by  more  than  one 
person.     1913C-839. 


FILLING  LANDS— FINDINGS  OF  FACT. 


359 


FILING — Continued. 

Delivery  of  document  to  officer  when  not 
at  office   as   "filing"   thereof.     18-250. 

Priority  as  determined  by  fractions  of 
day  in.  computation  of  time.  1914C- 
97. 


FILLING  LANDS. 

Compelling  as  aanitary  measure.     1-443. 


FIUV[S. 

Lease    or    sale    of    moving-picture    films. 
1916C-307,  317. 


FINAL  JUDGMENTS. 

See    Appeal    and    Error;    Judgments    and 
Decrees. 

Judgment  of  trial  court  reversed  on  ap- 
peal but  subsequently  affirmed,  what 
is   final   judgment.     I913C-250. 


FINAL  PASSAGE. 

Legislative  bills,  what  constitutes  final 
passage  so  as  to  require  vote  by 
yeas   and   nays.     16-977. 


FINANCIAL  CIRCUMSTANCES— Con- 
tinued, 

Executor,  right  to  appointment  as  af- 
fected by  financial  responsibility. 
1913B-1163. 

False  credit  statement  as  scheme  to  de- 
fraud within  postal  laws.  1914D- 
1245.   1261. 

Infant,  false  representation  of  financial 
ability  to  induce  contract,  liability. 
1913A-973. 

Larceny,  admissibility  of  evidence  of 
financial  condition  of  defendant. 
19-117. 

Libel  and  slander,  financial  circumstances 
of  defendant,  admissibility  of  evi- 
dence.    1915B-1158. 

Malicious  prosecution,  defendant's  finan- 
cial circumstances,  admissibility  of 
evidence.     1913D-563. 

— plaintiff's  financial  condition,  admissi- 
bility of  evidence.     21-931. 

Personal  injury  action,  right  to  show  de- 
fendant's financial  circumstances. 
1914B-964. 

Physicians  and  surgeons,  evidence  of  de- 
fendant's financial  condition  in  ac- 
tion by  physician  for  services.  11- 
655. 


FINAL  SUBMISSION. 

What     constitutes     so     as     to     preclude 
voluntary  dismissal.    4-510. 


FINANCIAL     CIRCUM- 
STANCES. 

Alienation  of  affections,  admissibility  of 
evidence  of  defendant's  financial  cir- 
cumstances.    1914B-803. 

Breach  of  promise  of  marriage,  admis- 
sibility in  evidence  of  defendant's 
financial   circumstances.     20-1265. 

Custodian  of  child,  financial  condition  33 
consideration  in  determining  right  to 
custody  on  habeas  corpus.  1914A- 
753. 

Debtor  and  creditor,  admissibility  of 
financial  condition  of  either  to  prove 
payment.     8-779j    11-110. 

Embezzlement,  financial  condition  of  de- 
fendant, admissibility  of  evidence. 
6-349. 


FINDING  LOST  PROP- 
ERTY. 

Larceny  by  finder  of  lost  property.  20- 
1380. 

Lien  for  reward  offered,  right  of  finder  of 
lost  property.     1913E-1277. 

Title  of  finder  of  lost  or  abandoned  prop- 
erty.    1-4;   11-706. 


FINDINGS  OF  FACT. 

Appeal,  weight  in  appellate  court  of  find- 
ings of  judge  as  to  amount  of  damages 
as  compared  with  verdict  of  jury. 
1913C-178. 

Contempt  proceedings,  duty  of  court  to 
make  findings.     1913A-957. 

Drainage  district  hearings,  findings  in. 
1915C-21. 

Master  in  chancery,  conclusiveness  and 
weight  of  findings.     19-908. 

Presumptions  as  to  making  and  suffi- 
ciency in  support  of  judgment.  7- 
380. 


360    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  AN^.  CAS.  1918E. 


FINDINGS  OF  FACT— Continued. 

Eefusal  to  make  requested  findings  as  con- 
stituting contrary  finding.     7-380. 

Waiver  of  right  to  have  findings  made  hj 
court.     1914D-797. 


FINES  AND  PENALTIES. 

See  Punitive  Damages. 

Action  to  recover  penalty,  effect  of  repeal 
of  statute  after  final  judgment  upon 
further    proceedings.     1912B-1158. 

Appeal,  payment  of  fine  in  criminal  case 
as  waiver  of  right  to  appeal.  1913E- 
300;  1916C-619. 

Assignability  of  right  of  action  for  penalty. 
1916D-893. 

Carrier  of  goods  or  livestock,  failure  to 
pay  claim  within  certain  time,  validity 
of  statute  imposing  penalty.  20— 
1056;  1915D-824;  1916D-335. 

— refusal  to  accept  freight  tendered  for 
shipment,  validity  of  statute  imposing 
penalty.     17-253. 

Certainty  of  penalty  in  penal  ordinance, 
necessity  of.     21-349. 

Civil  service,  penalty  for  violation  of  stat- 
ute as  within  legislative  power  to  pre- 
scribe.    1913B-1014. 

Conflict  of  laws,  penal  statute  which  is 
partly  compensatory,  enforcement  in 
foreign  state.     1913E-245. 

Contempt,  fine  imposed  as  enforceable  by 
imprisonment.     1912D-1339. 

Corporation,  abatement  of  action  to  re- 
cover penalty  by  dissolution  of  corpo- 
ration.    1917A-il80. 

— forfeiture  of  franchise  as  penalty  pre- 
scribed by  statute  for  violation  of  law, 
kind  of  judgment  to  be  entered 
against  corporation,  discretion  of 
court.     1912I>-822. 

— ^penalty  for  refusal  of  corporation  to  per- 
mit stockholder  to  inspect  corporate 
books.     19-313. 

Cumulative  penalties,  recovery  under  penal 
statute.  14-1063;  1912A-820;  1916A- 
228. 

Death  of  defendant,  fine  imposed  in  crim- 
inal case  as  recoverable  from  his 
estate.     19-1147. 

Direction  of  verdict  for  plaintiff  in  penal 
action,  right  of  court  to  direct.  16- 
864. 


FINES  AND  PENALTIES— Continued. 

Evidence  in  action  to  recover  penalty,  ad- 
missibility of  character  or  reputation 
of  defendant.     1916D-1151. 

Federal  twenty-eight  hour  law,  action  to 
recover  penalty  for  violation.     21-828. 

Fine  improperly  or  illegally  collected,  right 
to  recover.     12-703;   1913B-436. 

Imprisonment  for  failure  to  pay,  constitu- 
tional or  statutory  provision  against 
imprisonment  for  debt  as  applicable. 
19-757. 

Injunction  to  restrain  enforcement  of  penal 
statute.  1-121;  19-459;  1916C-1153; 
1918E-795. 

Insurance,  penalty  for  failure  to  pay  loss, 
constitutionality  of  statutes  providing. 
5-405;  14r-301. 

Interest  on  penalty  imposed  by  statute, 
right  to  recover.     1913B-856. 

Intoxicating  liquors,  action  for  penalty  for 
violation  of  intoxicating  liquor  statute. 
1916E-868,   877. 

— fine  assessed  against  lessee  for  sale  of 
liquors,  validity  of  statute  making 
leased  property  subject  to  payment. 
18-177. 

— right  of  private  citizen  to  sue  for  pen- 
alty for  violation  of  liquor  law.  15- 
1019. 

Labor  combination,  imposition  of  fine  by 
labor  union  as  unlawful.     6-851. 

Landlord  and  tenant,  deposit  by  tenant  to 
secure  performance  of  stipulations  in 
lease  as  penalty  or  liquidated  damages. 
19-215. 

— statutory  penalty  of  double  rent  or  value 
for  holding  over  after  termination  of 
tenancy.     1912A-278. 

Limitation  of  actions,  necessity  of  plead- 
ing statute  specially  as  defense  to  ac- 
tion^ for  penalty.     12-87. 

Meaning  and  distinction  between  "fine," 
"penalty"  and  "forfeiture."     18-883. 

Per  diem  penalty,  computation  by  exclu- 
sion or  inclusion  of  Sunday  or  holiday. 
1917E-945. 

"Person,"  as  including  private  corporation. 
20-742,  745;  1914A-1310. 

Prostitution,  penalty  imposed  on  owner  of 
premises  for  use  for  purpose  of  prosti- 
tution, validity  and  construction  of 
statute.     1917A-459;    1915D-549. 

Quo  warranto,  imposition  of  fine  in  civil 
proceeding.     1913D-942. 


FINGER-PRINTS— FIRE  DEPARTMENT. 


361 


I 


FINES  AND  PENALTIES — Continued. 

Eailroad,  failure  to  pay  for  injury  to  an- 
imal within  specified  time,  validity  of 
statute  imposing  penalty,     17-632. 

Eemission,  fines  and  forfeitures,  power  of 

executive.     17-603. 
— penalty  on  forfeited  recognizance,  time 

when  court  may  remit.     20-1261. 

Ees  judicata,  penal  action  as  barred  by 
judgment     in     criminal     proceedings. 

5-78. 

Sentence  to  pay  fine,  necessity  of  presence 
of   accused.     6-453. 

Stare  decisis  doctrine,  application  to  con- 
struction of  penal  statute.  1914B- 
1249. 

Statutes,  partial  invalidity  of  statute 
prescribing  penalty,  effect.  1916D- 
31,  158. 

— title  of  statute  not  mentioning  penalty 
provision,  validity  of  act.     1912D-157. 

Stipulated  forfeiture  for  breach  of  con- 
tract as  penalty  or  liquidated  damages. 
1-244;  10-225;  1912C-1021;  1915A- 
1076;  1915C-94o;  1916C-339;  1916D- 
497;  1917D-739. 

Taxation,  liability  for  interest  and  penal- 
ties of  one  refusing  to  pay  tax  and 
contesting  its  validity  on  its  being 
held  valid  in  whole  or  in  part.  5- 
649. 

Usury,  amount   of  penalty   under  statutes 

authorizing  recovery  of  double  amount 

of  interest  paid.     3-849. 
— ^limitation  of  actions,  running  of  statute 

against  action  to  recover  penalty.     21- 

446. 

— national  bank,  jurisdiction  of  action  for 
penalty  for  taking  usurious  interest. 
1916D-1246. 

— pleading,  suflBciency  of  petition  or  com- 
plaint in  action  against  national  bank 
for  penalty,     1912E-689. 

Waters,  pollution  of  stream,  validity  and 
construction  of  statute  imposing  pen- 
alty.    1914A-1180. 

"Wharfage,  penalty  for  failure  or  refusal  to 
pay.     13-392. 


FINGER-PRINTS. 

Evidence,     admissibility     and     sufficiency. 
1917A-417. 

Record,  finger-print  as  part  of  police  record. 
1917A-418. 


FINGERS. 

Injury  or  loss,  excessiveness  or  inadequacy 
of  verdict.  16-31;  1913A-1372; 
1916B-412'. 

Workmen's  compensation,  what  constitutes 
"loss"  of  finger  within  act.  1918A- 
538. 


FIRE  APPARATUS. 

Private  buildings,  validity  of  statute  or 
ordinance  requiring  equipment  with 
fire  apparatus.     1916B-516. 


FIREARMS. 

See  Weapons. 

Assault,    discharge   to   frighten   person   as 

constituting.     1917D-617, 
— pointing    unloaded    firearm    as    assault. 

13-484. 

Baggage  of  passenger,     21-732. 

Deadly    weapon,    firearm   as.     1912A-1331. 

Discharge  in  public  places,  validity  of  stat- 
ute or  ordinance  prohibiting.     11-723. 

— under  permission  of  municipal  oflScer, 
validity  of  ordinance.     6-1014. 

Injury  to  another  from  use,  adequacy  of 
verdict.     1916B-413. 


Eight  to  bear  arms. 
333. 


1-56;  17-570;  1913B- 


FIRE  COMPANIES. 

Charitable    institution,    fire    company    as. 
1917C-797. 


FIRE  DEPARTMENT. 

Collapse  of  building,  liability  of  owner  for 
injury  to  firemen.     18-10. 

Collision  with  fire  apparatus,  care  required 

of  driver  of  street-car  or  other  vehicle 

to  avoid.     1918A-290. 
— with  street-car  or  other  vehicle  in  street, 

care    required     of    fire    apparatus    to 

avoid.     1913E-231. 

Contributory  negligence,  right  of  way  of 
fire  apparatus  as  exempting  fireman 
injured  by  collision  with  street-car 
from   application    of   doctrine.     8-984. 

Crossing  railroad  track,  duty  of  driver  of 
fire  apparatus  to  stop,  look  and  listen. 
7-352. 


362    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918Ei. 


PIEE  DEPARTMENT— Continued. 

Entry  of  fireman  on  premises  in  discliarge 
of  official  duties,  liability  of  owner  for 
injuries.     9-1123. 

Fire  commissioner  as  municipal  officer. 
1914D-1233. 

Injury  to  employee,  liability  of  municipal 
corporation.     1-958;  18-508. 

Interference  with  firemen  in  extinguishing 
fire,  liability  of  railroad  company.  6- 
630;  12-562;  1913r)-766. 

Negligence  of  firemen  resulting  in  injury 
to  third  persons  as  creating  municipal 
liability.     7-807. 

Pension  to  injured  fireman,  validity  of  stat- 
ute providing  compensation.  1917C- 
1140. 

Salvage,  rights  of  members  for  extinguish- 
ing fire  on  vessel.     17-913. 

6pe«d  or  other  highway  restriction  as  ap- 
plicable to  fire  apparatus.     1917D-565. 

State  control  of  municipal  fire  depart- 
ment.    14-357. 

Statutes,  partial  invalidity  of  statute  re- 
lating to  municipal  fire  department, 
effect.     1916D-75. 


FIRE-ESCAPES. 

Constitutionality  of  statutes  requiring. 
780. 


2- 


Duty  to  maintain  fire-escapes.  9-1166j 
1913E-777;   1916E-629. 

Failure  of  landlord  to  provide  or  keep 
fire-escapes  in  proper  condition,  liabil- 
ity to  employee  of  tenant.  1913B- 
278. 

Innkeeper's  liability  for  death  of  guest 
due  to  failure  to  provide  fire-escape. 
1917E-852. 

Landlord's  failure  to  comply  with  law  as 
affecting  right  to  recover  rent.  1913B- 
406. 

"Owner"  required  by  statute  to  erect  fire- 
escapes  as  including  tenant  for  years. 
1912A-317. 

Validity  of  statute  or  ordinance  requiring 
equipment  of  private  buildings  with 
fire-escapes.     1916B-516. 


FIRE  INSURANCE. 

1.  Agreements  to  Procure  Insurance. 

2.  Nature  and  Formation  of  Contract. 

3.  Insurance  Agents. 

4.  Insurable  Interest. 

5.  Premiums. 

6.  Subjects  of  Insurance. 

7.  Terms  anc   Conditions  of  Contract. 

8.  Wrongful  Act  of  Insured. 

9.  Mistake  of  Parties  as  to  Policy. 

10.  Cancellation  of  Policy  by  Insurer. 

11.  Proof     of     Loss     and     Appraisement 

Thereof. 

12.  Beneficiaries. 

13.  Subrogation  to  Proceeds  of  Insurance. 

14.  Actions. 

15.  Taxation  of  Fire  Insurance  Companies. 

1.  Agreements  to  Procure  Insurance. 

Building  contract,  failure  of  owner  to  in- 
sure in  accordance  with  terms  as  af- 
fecting rights  of  parties  or  their 
sureties.     1914C-336. 

Lessee's  agreement  to  insure  premises,  con- 
struction.    1918E-299. 

Mortgagee's  agreement  to  procure  insur- 
ance, liability  to  mortgagor  for  failure 
properly  to  insure.     11-936. 

Sales,  agreement  by  one  party  to  insure, 
effect  on  passing  of  title  to  goods  sold. 
5-263. 

2.  Nature  and  Formation  of  Contract. 

Application,  statutes  requiring  copy  thereof 
attached  or  delivered  with  policy.  14- 
1096. 

Binding  slip  or  receipt,  effect  as  insurance 

contract.     1914C-727. 
— correspondence  as  sufficient  to  constitute 

binding  slip.     1917E-1183. 

Conditions  in  policy  not  issued  in  accord- 
ance  with   oral   contract,   right   of   in- 
.   surer  to  rely  on.     1914D-653. 

Divisibility  of  insurance  contracts.  2-22; 
3-824;    6-83;    11-805;   19120-989. 

"Security,"  fire  insurance  policy  as. 
1914D-624. 


FIRE  INSURANCE. 


863 


nBE   INSUEANCE— ConUnued. 

Standard  policy,  constitutionality  of  legis- 
lation providing  for.  6-91;  1915A- 
290. 

—doubtful  terms  in  insurance  policy  con- 
struable  favorably  to  insured,  rule  as 
applicable  to  standard  policy.  1913E- 
287. 

3.    Insurance  Agentfl. 

Anthority  of  agent,  construction  of  clause 
in  standard  policy  providing  that 
agent  must  have  written  authority. 
1912C-367. 

Double  agency,  right  to  ect  as  agent  for 
both  company  and  insured.     6-441. 

Failure  to  procure  insurance,  liability  of 
insurance  agent  to  owner  of  property. 
1918B-1037. 

Insurance  of  own  property,  right  of  fire  in- 
surance  agent.     12-95;   1916D-127S. 

Policy  issued  by  agent  in  violation  of  in- 
struction, liability  of  agent  to  in- 
surance company.     1917B-493. 


4.    Insurable  Interest. 

Bailor  or  warehouseman,  insurance  of 
goods  by.     1913A-143. 

Carrier  of  goods  insuring  against  fire,  ef- 
fect on  rights  of  parties.     1914C-688. 

Contractor's  insurable  interest  in  building 
under  construction.     1915B-1099. 

Factor,  duty  to  insure  goods  of  principal. 

14-680. 

Husband  and  wife,  insurable  interest  of 
husband  in  property  of  wife.  2-32; 
19-253;  1914C-613. 

Tenant  of  property  for  specific  term,  in- 
surable interest.  1913E-741;  19170- 
951;  1918E-835. 


5.    Premiums. 

Act  of  God  as  excuse  for  failure  to  pay 
premium.     1912B-375. 

Default  in  payment  of  instalment  premium, 
validity  and  effect  of  stipulation  in 
policy  suspending  liability.     12-628. 


6.    Subjects  of  Insurance. 

Automobile,  loss  by  fire  as  within  policy  of 
eutomobile   insurance.     1915A-627, 


FIEE   INSUEANCE— Continued. 

^insurance  against  fire.     1917D-54. 

Goods  in  process  of  removal  with  consent 
of  insurer  as  covered  by  policy.  14- 
691. 

Indemnity  against  loss  of  rents,  construc- 
tion of  policy  providing.     18-514. 

Livestock  in  designated  location,  policy  as 
covering  animals  temporarily  else- 
where.    15-661;  1916E-398. 

Profits  as  covered  by  policy,     1918E-1051. 

Property  illegally  kept  or  used,  validity  of 
policy   on.     15-541;    1916C-1070. 

Standing  timber  as  "property"  within 
meaning  of  policy.     6-569. 

7.    Terms  and  Conditions  of  Contract. 

Generally. 

Additional  insurance,  necessity  of  knowl- 
edge or  consent  of  insured  as  to  taking 
out  in  order  to  avoid  policy.  1912D- 
632. 

"Additions,"  construction  of  term  in  policy. 
8-94;  10-938. 

"Adjacent,"  meaning  of  term  in  policy. 
1913B-169. 

"Adjoining,"  meaning  of  term.  1913D- 
846. 

Assessments  under  mutual  fire  insurance 
policy  to  pay  anticipated  or  future 
losses,  validity.     1914C-802. 

Assignment  of  fire  insurance  policy  after 
loss.     3-476. 

"At  night,"  necessity  of  exact  compliance 
with    clause    in    policy.     1913C-1227; 

1918E-400. 

"Average  clause,"  in  policy,  validity  and 
construction.     1913D-1305. 

Books  to  be  kept  and  preserved,  necessity 
of  exact  compliance  with  clause  in 
policy  requiring.  9-467;  14-1079; 
1913C-1222;    1918E-389. 

Coinsurance,  clause  in  policy  making  in- 
sured coinsurer,  validity  and  effect. 
14-852'. 

"Concurrent,"  in  insurance  policy,  con- 
struction of  terra.     5-755. 

"Contiguous,"  meaning  as  used  in  policy. 
1918E-800. 

Double  insurance,  insurance  by  carrier 
and    by    owner   of    goods   as.     11-960. 


364    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918K. 


FIBE   INSUHANCE — Continued. 

"Exposing  buildings,"  construction  of 
policy  with  respect   to.     1913C-73. 

Fallen  building  clause  in  policy,  construc- 
tion.    18-580. 

Fireproof,  meaning  of  term  in  poliopj. 
1913B-51. 

Increase  of  risk,  cessation  before  loss, 
effect  on  policy.     11-782. 

— necessity  of  knowledge  or  control  by 
owner  of  act  constituting  increase  of 
risk.     7-388;    10-1038. 

Inventory,  necessity  of  exact  compliance 
with  clause  in  policy  as  to  making 
and  preserving.  9-46S;  14-1079; 
1913C-1223;  1918E-394. 

Iron-safe  clause  in  policy,  necessity  of 
exact  compliance  with.  9-46Q;  14- 
1079;    1913C-1221;    1918E-371. 

Limitation  of  actions,  policy  limiting  time 
to  sue  to  certain  period  "after  the 
fire,"  running  of  limitation  against 
action.     10-824. 

— second  action  on  policy  after  period  of 
limitation  prescribed,  right  to  bring 
where   first   action  fails.     1914D-1147. 

— waiver  of  provision  in  policy  postponing 
time  to  bring  suit  by  insurer's  denial 
of   liability.     1914C-373. 

Local  ordinance  or  regulation,  effect  on 
liability   under  policy.     1917B-1250. 

Machinery,  meaning  of  term  in  policy. 
1918E-209. 

Mortgage  clause  in  standard  policy,  effect 
upon  application  of  coi.ditions  in 
policy  to  interest  of  mortgagee.  7- 
399. 

Prohibited  articles,  fireworks  on  premises, 
construction  and  effect  of  provision 
in  policy  prohibiting  keeping.  1913B- 
808. 

«!^what  constitutes,  "keeping,"  "storing," 
"using,"  etc.,  of  prohibited  articles 
within  policy.  13-540;  19-414;  1914B- 
138;  1918D-294. 

Waiver  of  conditions  in  insurance  policy 
by  insurer's  failure  to  inquire  into 
existing  facts.     1917B-500. 

—silence  or  failure  tc  act  by  insurer  hav- 
ing notice  of  breach  of  condition  as 
waiver  of  forfeiture.     8-500. 

Watchman  clause  in  policy,  construction. 
21-845;   1917D-821. 

"When  not  open  for  business,"  necessity 
of  exact  compliance  with  clause  in 
policy.     1913C-1227;    1918E-400. 


FIBE    INSUEANCE— Continued. 

Cause  of  Loss. 

Earthquake,  construction  of  clause  in 
policy  excepting  loss  caused  by.  17- 
1C97. 

Explosions  excepted  from  risks  covered 
by  policy,  liability  of  company  for 
losses  caused  by  explosions.  5-780; 
1913A-1300. 

Order  of  civil  authority,  construction  of 
provision  in  policy  excepting  loss 
caused  by.     1912C-967. 

Overheating  as  fire  within  policy.  17- 
1125;   1916D-228. 

Change  of  Interest,  Title,  etc. 

Alienation  by  or  to  partner  or  joint  owner 
as  change  in  title  or  interest  within 
policy  condition.  1916B-94S;  1917B- 
1228. 

Change  in  interest  or  title  clause  as  vio- 
lated by  sale  and  reacquisition  of  title. 
1917C-934. 

Chattel  mortgages,  giving  mortgage  as 
within  prohibition  in  policy  against 
assignment  or  changing  of  interest  of 
insured.     1918D-S62. 

—unrecorded  chattel  mortgage  as  breach 
of  condition  against  incumbrances. 
1912A-987. 

— void  chattel  mortgages  as  to  creditors 
as  constituting  breach  of  condition 
in  policy  against  incumbrance. 
1915D-917. 

Condition  avoiding  policy  upon  foreclosure 
of  mortgage,  validity  and  construction. 
16-664. 

Executory  contract  of  sale  as  breach  of 
condition  against  alienation.  3-710; 
9-461;   1913C-173. 

Judicial  or  foreclosure  sale  as  breach  of 
condition  against  sale  in  fire  insurance 
policy.     2-358. 

Mortgage  of  property  as  change  in  interest 
within    insurance    policy.     1912B-52o. 

Eeceiver,  appointment  as  violation  of  con- 
dition in  policy  against  change  of  in- 
terest, title  or  possession.     16-869. 

Eevival  of  policy  after  satisfaction  of 
lien  or  incumbrance  attaching  to  prop- 
erty in  violation  of  policy.  1917B- 
1241. 

Sale  and  mortgage  book  as  violation  of 
policy  clause  prohibiting  change  in 
interest,  title,  etc.    12-259. 


FIRE  INSURANCE. 


365 


TIRE   IKSIJBANCE — Continued. 

Sole  cjid  Unconditional  Ownership. 

Equitable  title  only,  possession  as  satis- 
fying policy  requirement  of  sole  and 
unconditional    ownership.     1918C-136. 

Executory  contract  of  sale,  existence  as 
breach  of  condition  of  sole  and  un- 
conditional ownership.     7-498;  18-864. 

Frauds,  statute  of,  contract  under  which 
insured  acquired  property  within 
statute,  right  of  insurance  company 
to  raise  objection.     21-1390. 

Husband  and  wife,  title  existing  in  spouse 
of  insured  as  violation  of  sole  and  un- 
conditional ownership  clause.  1912B- 
269. 

Time  to  which  sole  and  unconditional 
ownership  clause  in  policy  relates. 
7-1155. 

Title  in  government,  existence  as  breach 
of  condition  in  policy  for  sole  and  un- 
conditional  ownership.     10-333. 

Vendee  under  executory  contract  of  pur- 
chase as  sole  and  unconditional  owner. 
1918C-143. 

Vendor's  lien,  existence  as  breach  of  con- 
dition requiring  sole  and  unconditional 
ownership   of  insured.     7-57. 

Vacancy  Clause. 

Building  becoming  uninhabitable  without 
fault  of  insured,  vacancy  clause  as 
applicable,     1914C-1175. 

"Ceased  to  be  operated,"  construction  of 
term  in  policy.     10-800. 

Rented  property,  construction  of  vacancy 
clause  in  policy  issued  upon.  9-95; 
1917B-669. 

Eevival  of  policy  by  occupancy  after 
vacancy.     9-55;   1916C-770. 

"Unoccupied,"  or  "occupied,"  meaning  in 
policy  as  used  with  reference  to  build- 
ing.    1912D-82. 


8.    Wrongful  Acts  of  Insured. 

Conspiracy  of  insured  to  burn  property  as 
defense   to   action  on   policy.     19-841. 

Criminal  law,  setting  fire  to  building  or 
property  with  intent  to  defraud  com- 
pany  as    crime.     1913C-1164. 

Landlord  and  tenant,  tenant's  illegal  acts, 
effect  on  policy  issued  to  landlord. 
15-543, 


FIRE   INSUEANCE— Continued. 

Negligence  of  insured,  effect  on  liability 
of  fire  insurance  company.     6-587. 

9.    Mistake  of  Parties  as  to  Policy. 

Location  of  property,  effect  of  mistak« 
of  agent   in   describing.     13-1024. 

Heformation  of  policy  for  mistake  as  pre- 
cluded by  failure  of  insured  to  read 
policy.     20-365. 

Wrong  property  insured  through  mistake 
of  agent,  effect  on  policy.  1915C- 
410. 

10.    Cancellation  of  Policy  by  Insurer. 

Acts  sufficient  to  effect  cancellation  by 
insurer.     17-795;    1915A-1233. 

Cancellation  of  policy  at  instance  of  in- 
sured, when  becomes  effective. 
1918C-120. 

Dissolution  or  insolvency  of  company  as 
affecting  cancellation  of  policy. 
1915A-1236. 

Tender  or  return  of  unearned  premium, 
necessity  to  effect  cancellation  of 
policy  by  insurer.  12-1067;  1913D- 
^90;  1917B-910. 


11.    Proof    of    Loss    and    Appraisement 
Thereof. 

Apportionment  of  loss,  rule  as  between 
compound  and  specific  policies. 
1914A-665. 

Arbitration  under  standard  policy  for 
determining  loss,  necessity  of  re- 
ceiving   evidence.     1917E-497. 

Furnishing  proofs  of  loss  within  pre- 
scribed time  as  condition  precedent 
to  action  on  policy.  15-335;  1912C- 
604. 

Method  of  determining  loss  under  stand- 
ard policy  as  resting  within  discre- 
tion of  referees  or  appraisers. 
1914D-56. 

Misrepresentation  in  proofs  of  loss,  effect. 
1916A-451,  466,  470. 

Qualification  of  appraisers  of  loss  ander 
fire    insurance    policy.     5-336. 

Waiver,  proofs  of  loss  required  by  policy, 
negotiation  for  or  offer  of  settlement 
as  constituting.     1916A-594. 


366     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E|i 


FIEE    INSURANCE— Continued. 
12,    Beneficiaxies. 

Bankruptcy  or  insolvency  of  insured, 
effect  on  rights  under  policy.  14- 
889;    1914D-931. 

Bequest  of  property  which  is  destroyed 
before  delivery,  right  to  insurance 
money.     1914A-320. 

"Estate"  of  deceased  person  as  benefi- 
ciary, validity  of  pt)licy  payable  to. 
8-122. 

Executory  contract  for  sale  of  land,  right 
of  parties  to  insurance  money  where 
buildings  are  destroyed  before  con- 
veyance.    9-1057. 

Fraudulent  conveyance  of  property,  right 
to  proceeds  of  insurance.  1917E- 
291. 

Insolvency  of  insurer  as  affecting  right 
of  insured  to  recover  on  policy. 
1912C-812. 

Mortgaged  property,  application  of  pro- 
ceeds of  policy  to  mortgage  debt. 
9-66. 

— award  of  appraisers,  effect  on  rights 
of  mortgagee  to  whom  loss  is  payable 
under     policy.     18-271. 

— failure  of  mortgagor  to  furnish  notice 
and  proof  of  loss,  recovery  by  mort- 
gagee under  policy  procured  for  his 
benefit.     13-436. 

■ — who  may  sue  on  policy  where  loss  pay- 
able to   mortgagee.     4-543. 


13.  Subrogation  to  Proceeds  of  Insurance. 

Municipality  compensating  owner  for 
building  destroyed  to  prevent  spread 
of  conflagration,  subrogation  to  rights 
of  insured.     1916B-788. 

Property  adjoining  railroad,  statute  giv- 
ing railroad  benefit  of  insurance 
placed  thereon,  effect  on  rights  of 
parties.     1914A-1096. 

Subrogation  of  insurer  to  rights  of  mort- 
gagee.    1917B-1135. 

— right  to  enforce  by  suit  in  own  name. 
1-885;    18-710;    1918A-434. 


14.    Actions. 

Generally. 

Arbitration,  failure  to  secure  award  after 
submission    as    affecting    right    of   in- 


riRE    INSURANCE— Continued. 

sured    to     sue     on    insurance     policy. 
8-302. 

New  cause  of  action  in  favor  of  insured 
as  created  by  insurer's  promise  to  re- 
pair or  rebuild  after  loss.     16-105. 

Second  action  on  policy  after  period  of 
limitation  prescribed,  right  to  bring 
where   first   action   fails.     1914D-1147. 

Evidence. 

Condition  subsequent  in  policy,  burden 
of    proof    of    breach.     1913D-829. 

Defense  of  wilful  burning,  quantum  of 
proof  necessary  to  establish  in  ac- 
tion   on   policy.     2-73;    1912A-1139. 

Opinion  evidence,  ownership  of  per- 
sonalty, direct  opinion  of  witness 
as  admissible.     1912C-667. 

Parol  evidence,  explaining  or  modifying 
contract,    admissibility.     1914C-o9. 

— ambiguous  language,  meaning  of. 
1914C-65. 

— application,  agent's  misstatements  or 
omissions.     1914C-76. 

— custom  or  usage.     1914C-72. 

— fraud  or  mistake.     1914C-74. 

— premium,   receipt   of.     1914C-64. 

— subsequent      parol      agreement,     1914C- 

78. 
— time  of  taking  effect  of  policy.     19140- 

64. 

— waiver  of  condition  in  policy.  1914C- 
61. 

Sole  and  unconditional  ownership,  biir- 
den  of  proof  in  action  on  policy. 
1913B-212. 

Warranty  regarding  incumbrances  on 
property  covered  by  policy,  ma- 
teriality as  question  of  law  or  fact. 
15-342. 


15.     Taxation    of    Fir©    Insurance    Com- 
panies, 

Tax  imposed  for  fire  protection  purposes, 
validity  of  statute  or  ordinance, 
17-261. 


riRE  INSURANCE 
PATROL. 

Charitable  institution,  fire  company,  in- 
surance patrol  or  the  Uke  as,  1917C- 
797, 

Liability   in   tort,     16-1222;    1917E-684, 


FIRE  LIMITS— FIRES. 


367 


FIRE  LIMITS. 

Erection  of  certain  buildings  within  fire 
limits,  construction  of  ordinance  for- 
bidding.    18-183. 


FIREPROOF. 

Meaning  of  term.     1913B-50. 

FIRES. 

1.  In  General. 

2.  Statutory  and  Municipal  Provisions. 

3.  Liability  Generally. 
1.  Ballroad  Liability. 

See   Arson. 

1.    In  General 

Accident  insurance,  "injury  caused  by 
burning  of  building"  or  similar 
phrase,  construction  of  provision. 
1913A-554. 

Assignability  of  cause  of  action  for  loss 
by  fire.     20-259;    1913D-929. 

Automobile  insurance  against  fire,  con- 
struction  of  policy.     1915A-627. 

Brick  kiln  endangering  adjacent  prem- 
ises as  nuisance.     1917E-423. 

Burning  building  in  order  to  arrest  per- 
son,   liability    of    officer.     1913B-630. 

Damage  by  fire  as  included  in  phrase' 
"damage    by    elements."     1917B-296. 

Interference  by  railroad  with  firemen 
in  extinguishing  fire,  liability  of 
railroad  company.  6-630;  12-562; 
1913D-766;   1915B-706. 

Overheating  as  constituting  fire  within 
fire  insurance  policy.  17-1125;  1916D- 
228, 

Protection  for  theaters  and  amusement 
places,  right  to  compel  proprietor  to 
furnish   at   own   expense.     20-361. 

Trespass  in  order  to  stop  fire  as  jus- 
tifiable.    15-1154. 

Vessels,  extinguishment  of  fire  as  en- 
titling to  salvage  award.     17-911. 

Workmen's  compensation,  injury  from  fire 
as  accident  arising  out  of  and  in 
course  of  employment  as  applied  to 
salesman  burned  in  hotel  fire. 
191:,B-805. 


FIBES — Continued. 

2.     Statutory  and  Municipal  Provisions. 

Fire  limits,  accumulation  of  inflammable 
material,  right  of  municipality  to 
prohibit.     1913E-435. 

• — ^buildings  within  fire  limits,  construc- 
tion of  ordinance  forbidding  erec- 
tion of  certain  kinds.     18-183. 

1— -injnnction  against  violation  of  ordi* 
nance  prohibiting  erection  of  wooden 
building,  right  of  municipality. 
1916C-965. 

Hotels,  lodging  or  rooming  houses,  va- 
lidity of  statute  or  ordinance  requir- 
ing fire  protection.     1916C-294. 

Partial  invalidity  of  statute  relating  to 
fires,  effect.     1916D-54. 

Private  buildings  to  be  equipped  with 
fire  apparatus,  validity  of  statute  or 
ordinance    requiring.     1916B-516. 

EaUroad  right  of  way,  validity  of  legis- 
lation providing  for  construction  of 
fire    line.     1915B-1155. 

Tax  on  fire  insurance  companies  for  fire 
protection  purposes,  validity  of  stat- 
ute   or    ordinance    imposing.     17-261. 


3.    Liability    Generally. 

Act  of  God,  loss  by  fire  as  arising  from. 
1912A-453. 

Carrier  of  goods  on  land,  injury  or  loss 
of  goods  by  fire,  liability  for.  5— 
821. 

— limitation  of  liability,  validity  and 
effect    of   stipulation.     20-229. 

Collapse  of  building,  liability  of  owner 
to  fireman  for  injuries  caused.     18-10. 

Fireworks,  liability  for  injuries  resulting 
from    discharge.     5-539;    13-547. 

Independent  contractor,  rule  as  applica- 
ble to  damage  by  fire.  18-755; 
1913D-1178. 

Innkeeper,  liability  for  injury  to  hotel 
guest.     1917A-143. 

— fire-escape,  death  of  guest  due  to  fail- 
ure to  provide,  liability  of  innkeeper. 
1917E-852. 

Kerosene  or  similar  substance  used  in 
kindling  fire  as  negligence.  1912A- 
630. 

Landlord's  liability  for  destruction  of 
tenant's    property.     1914B-418. 


368    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918B. 


FIBES — Continued. 

Licensee  in  possession  of  property,  lia- 
bility for  damage  by  fire.  1918D- 
378. 

Master's  liability  to  third  person  for 
damage  caused  by  fire  started  by 
servant.     1914A-1102;    1917B-1054. 

Oil,  injury  resulting  from  its  escape,  lia- 
bility of  one  keeping  oil  on  his  lands. 
10-868. 

Separate  fires  uniting,  liability  for  dam- 
age.    1915C-1218. 

State  forester  negligently  setting  fire, 
liability    of    state.     1917A-40. 

Stationary  engine,  furnace  or  the  like 
causing   fire,   liability.     1917C.-771. 

WarehoTiseman's  liability  for  loss  of  goods 
by    fire.     19-243;    1914A-1123. 

Water  supply,  loss  of  property  by  fire 
due  to  inadequacy,  liability  of  water 
company  to  private  consumer.  2—479; 
5-508;     9-1076;     20-1294;     1913D-461. 

— municipal  contract,  liability  of  water 
company  for  loss  sustained  by  mu- 
nicipality.    20-625. 

Weather  conditions  as  affecting  negli- 
gence in  setting  fire  on  one's  own 
premises.     20-699. 

Wires  transmitting  electricity  from 
lightning,  liability  of  telephone  or 
other  electric  company  for  fire 
caused.     1914B-1031. 


4.    Railroad  Liability. 

Absolute  liability  for  damage  by  setting, 
validity  of  statute  making  railroad 
liable.     16-941;    1918A-632. 

Contract  exempting  railroad  from  lia- 
bility for  fires  communicated  by  it 
to  property  on  its  right  of  way, 
validity  and  effect.  5-747;  12-499; 
1914A-1206. 

Contributory  negligence  as  defense  in  ac- 
tion under  statute  making  railroad 
liable    for    setting   fire.     1914D-934. 

— ^permitting  combustibles  or  conducting 
farming  operations  on  premises  ad- 
joining railroad  right  of  way  as  con- 
tributory negligence  barring  recovery. 
13-1206. 

Destruction  of  property  of  licensee  on 
railroad  right  of  way,  liability  of 
railroad  company.     1915A-499. 


riRES — Continued. 

Double  or  treble  liability  for  damage 
by  fire,  validity  and  construction  of 
statute  imposing.  1912C-703;  1916A- 
190. 

Evidence  of  other  fires,  admissibility  in 
action  for  damages  for  fire  set  by 
railroad.     12-218;    21-1212. 

— speed  of  train,  admissibility  of  evi- 
dence in  action  against  railroad  for 
setting  fire.     1915A-990, 

— ^presumption  of  negligence  arising  from 
communication  of  fire  by  railroad 
engine.  1-812;  6-153;  16-882;  1913E- 
971. 

Maintenance  of  building  on  right  of  way 
from  which  fire  is  communicated  to 
property  of  another  as  negligence. 
17-193. 

Negligence  of  railroad  company  as  proxi- 
mate cause  of  damage  by  fire  as  af- 
fected by  considerations  of  time  and 
distance  traveled  by  fire.     3-386. 

Personal  injury  resulting  from  sparks  or 
fire  set  by  engine,  liability  of  rail- 
road company  to  person  other  than 
passenger.     1918E-815. 


FIREWORKS. 

Insurance  policy  prohibiting  keeping  on 
premises,  construction  and  effect. 
1913B-808. 

Liability  for  injuries  resulting  from  dis- 
charge.    5-539;    13-547. 

Personal  injuries  resulting  from  negli- 
gence of  exhibitors,  liability.  1918D- 
972. 


FISH  AND  GAME. 

1.  In  General. 

2.  Rights  of  Fishery  and  Hunting. 

3.  Statutory   Regulation. 

1.    In   General. 

Corporation,  criminal  liability  for  fish- 
ing.    1916C-465. 

Cruel  and  unusual  punishment  for  vio- 
lation of  law.     1918B^01. 

Frightening  or  driving  away  fish  or  game 
from  plaintiff's  property  by  lawful 
acts,  right  of  action.     1913E-536. 


FISHERMEN— FITNESS  FOR  USE. 


369 


FISH  AND  GAME— Continued. 

Game  warden  as  exempt  from  statute 
against  carrying  weapons.  1914A- 
256. 

Independent  contractors,  fishermen  as. 
1918C-656. 

Sportsman  shooting  another  while  hunt- 
ing,  civil  liability.     20-126. 

State  ownership  of  fish  and  game.  1917B- 
949,  978,  980. 

Trespass    in    pursuit    of    game.     21-915. 

Wild  animals,  property  right  in  wild 
animals.     19I7B-949. 


2.    Rights    of   Fishery   and   Hunting. 

Adverse  possession,  acquisition  of  right 
of  fishing  in  navigable  river  by.  21- 
781. 

Eminent  domain,  fishing  rights  in  private 
waters  as  within  power  of  eminent 
domain.     2-50. 

Navigable   waters,   fishery   rights    in.     15- 

708;   1915C-1152. 
— ^hunting  rights  on  navigable.     21-777. 

Private  grant  or  reservation  of  hunt- 
ing or  fishing  privilege,  construction. 
1914B-548. 

Shell-fish  within  waters  of  state,  exclu- 
sive right  to,  power  of  state  to  grant 
to    private    individual.     16-198. 

Streams  and  ponds,  fishery  rights  in 
owners.     3-860. 


3.    Statutory  Begulation. 

Close  season,  statute  providing  closed 
season  as  applicable  to  private  fish- 
ing or  hunting  grounds.  1915A- 
1158. 

Discrimination  between  persons  or  classes 
fts  to  right  to  hunt  game,  constitu- 
tionality   of    game    law.     19-239. 

Federal  statutes  protecting  game,  va- 
lidity    and     construction.     1917D-654. 

Forfeiture  or  destruction  of  property 
used  in  violation  of  game  laws,  va- 
lidity of  statutes  authorizing.     8-902. 

"Grame,"  meaning  of  word  as  used  in 
game  laws.     20-621. 

Imported  game,  validity  of  statute  pro- 
hibiting possession.  2-229  j  6-356, 
935. 

Index  to  Notes — 24 


FISH  AND  GAME— Continued. 

License  to  hunt,  validity  of  statute  re- 
quiring.    1916C-134;    1918A-145. 

Lobster  fishery,  statutory  regulation. 
1913C-1135. 

Method  of  taking  fish,  validity  and  con- 
struction of  statute  regulating. 
1917D-814. 

Partial  invalidity  of  statutes  relating  to 
fish    and    game,    effect.     1916D-55. 

Penalty  for  each  piece  of  game  unlaw- 
fully taken  or  in  possession,  consti- 
tutionality of  statute  imposing. 
3-15. 

Possession  during  closed  season  of  game 
taken  during  open  season  as  unlaw- 
ful.    2-230. 

Sale  of  game  raised  in  captivity,  right 
of  state  to   regulate.     12-386. 

Summary  destruction  of  fishing  ap- 
pliances, validity  of  statutes  au- 
thorizing.    1-950. 

Sunday  laws  as  applicable  to  fishing  or 
hunting.     16-410. 

Use  of  appliance  within  meaning  of  pro- 
hibition in  fish  or  game  law.  1912A- 
312. 

FISHERMEN. 

Independent     contractors,     fishermen     as. 

1918C-656. 
"Seamen,"     term     as     covering    fishermen. 

17-105. 
"Trade,"  fisherman  as  engaged  in.    1916A- 

1199. 


FISH  MARKETS. 

Nuisance,   fish   market   as.    15-105. 

FITNESS  FOR  OTHER 
PURSUITS. 

Admissibility  of  evidence  in  action  for 
personal  injuries  of  fitness  of  person 
injured  for  other  pursuits.     14-856. 

FITNESS  FOR  USE. 

Implied  warranty  of  fitness  for  use  on 
sale  by  sample.     1917C-321. 

Validity  of  contract  exempting  seller 
of  article  from  liability  arising  from 
unfitness  of  article  sold.     1912D-1079. 


370    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


FITS. 

Accident  insurance,  constractioa  of  policy 
provision  with  respect  to  injuries 
from  fits.     1914C-312. 

Workmen's  compensation,  accident  aris- 
ing out  of  and  in  course  of  employ- 
ment as  covering  unexplained  fall  of 
man  subject  to  fits.     1913C-8. 


FIXED  CHARGES. 

Allowance  and  determination  as  element 
of  damages  for  breach  of  contract 
to  purchase  manufactured  article. 
2-1000. 


FIXED  STANDS. 

Sales  from  as  bringing  venders  within 
hawker  and  peddler  regulations. 
1912D-1293. 


FIXTURES. 

In  General. 

Attachment  on  fixture,  what  is  sufficient 
levy.     1916B-993. 

Bulk  sales,  store  fixtures  as  not  constitut- 
ing  merchandise   within   act.     8-1068. 

Eminent  domain  proceedings,  value  of 
fixtures  as  element  of  damages  sus- 
tained by  appropriation  of  property. 
1916C-780. 

Execution  sale  of  fixtures,  injunction 
against.     1918C-214. 

Mechanic's  lien,  fixtures  as  improvement 
for  which  lien  may  exist.     1912B-7. 

What  are  Fixtures. 

Before  annexation,  character  as  fixtures 
or  personalty  of  articles  brought  on 
premises  to  be  annexed.     4r-1160. 

Doors   or  windows  as   fixtures.     20-470. 

Gas  or  electric  light  plant  or  accessories 
as   constituting   fixtures.     1917B-183. 

Ice-house  erected  by  tenant  as  fixture. 
20-790. 

Mirrors  as  personalty  or  realty.     1-687. 

Store  front  erected  by  tenant  as  fixture. 
1914A-260. 

Stoves  and  heating  apparatus  as  realty 
or  personalty.    2-375. 


riXTUEES— Continued. 

Agreement  'Relating  to  Fixtures. 

Agreement  that  article  annexed  to  land 
shall  not  become  fixtures  and  that 
title  shall  not  pass,  effect  on  rights 
of  subsequent  purchaser  or  mortgagee 
of   land   without    notice.     4-1073. 

Fixing  character  of  property  as  realty 
or  personalty.     1-312. 

Theater  fixtures,  contracts  involving. 
1914B-18;   1917C-399. 


Eemovdl  of  Fixtures. 

Garage,  building  erected  for  use  as 
garage,  right  to  remove  as  trade 
fixture.     1915D-265. 

Landlord  and  tenant,  "apparatus,"  what 
included  under  term  warranting  re- 
moval by  tenant.     1918E-1081. 

—new  lease  as  affecting  right  to  remove 
trade  fixtures.     3-331;   20-769. 

< — time  for  removal,  right  of  person 
claiming    under     tenant.     10-109. 

I — trade  fixtures  substituted  for  parts  of 
leased  premises,  right  of  lessee  to 
remove.     20-606. 

Life  tenant  and  remainderman,  right  to 
fixtures  as  between.     2-405. 

Mining  lease  of  machinery  and  other  ap- 
pliances, right  of  lessee  under  mining 
lease   to   remove.     2-738. 

Mortgaged  premises,  right  of  mortgagee 
to  trade  fixtures  placed  after  giving 
mortgage.     13-671;    18-399. 


FLAGMAN. 

Duty  of  railroad  to  maintain  flagman  at 
crossings  in  absence  of  statute.  4- 
294;   17-982. 

Power  of  municipality  to  require  rail- 
road to  maintain  flagman  at  cross- 
ing.    5-301;   6-510. 

Stop,  look  and  listen  rule  as  affected 
by  presence  of  flagman  at  railroad 
crossing.     10-418;   13-854. 

Warning  of  approach  of  trains,  duty  of 
'ailroad  flagman.     11-51. 


FLAGS. 

Advertising     or     other     commercial     pur- 
poses, validity  of  statute  prohibiting 


FLAG  STATIONS— FOLLOWING  TRUST  PROPERTY. 


371 


FLAGS — Continued. 

use     of    flag     or     other     government 
symbol.     4-270;    10-528. 

Parades  or  processions,  validity  of  stat- 
ute or  ordinance  regulating.  1916D- 
847. 


FLAa  STATIONS. 

Destination  of  passenger  not  stopping 
station,  duty  of  railroad  to  put  pas- 
senger off.  6-26;  1912C-552;  1916E- 
1223. 

Eeceiving  passengers,  duty  of  carrier  to 
stop  at  flag  station.  12-1003;  18-68; 
1916A-876. 


FLOODS — Continu  ed. 

freshets     or     fl.oods. 
1114. 


8-777;     1918A- 


Loss  of  goods  caused  by  flood,  burden  of 
proof  as  to  fault  of  carrier.  1914D- 
1115. 

Belief  of  sufferers,  right  to  appropriate 
public  money.     1-936. 


FLOORS. 

Slippery  condition  of  floor,  liability  of 
proprietor  of  store  to  customer  for 
injuries  caused  by.     1914A-133. 


FLAT  CAR. 


FLUMES. 


Term    "car"   in    statute    as   including   flat      Water-power,    construction   of  grant  mth 
car.     1914D-45.  respect  to  flumes.     1916D-1014. 


FLIGHT. 


FLYING-SWITCH. 


Accused   person   admitted   to   bail,   admis- 
sibility   of    evidence    of    flight.     18-      Making   flying-switch    as   negligence. 
901.  15;    1912D-342;    1915B-608. 


I 


10- 


FLOATING  TIMBER. 

Injuries  resulting  to  riparian  owner,  lia- 
bility of  one  using  stream  to  float  tim- 
ber.    10-235;    1918A-732. 

FLOGGING. 

See  Corporal  Fuuishment. 


FLOODING  LAND. 

Waste    as    constituted   by   flooding   or   in« 
undating  land.     1918D-549,  554. 


F.  0.  B. 

Contract  for  delivery  "free  on  board," 
duty  of  furnishing  vessels  or  cars 
under.     2-818;  3-906;  9-553. 

Delivery  of  goods  to  carrier  for  sliipment 
f.  o.  b.  as  delivery  to  purchaser, 
20-1036;  1916A-1049. 

Inspection  of  goods,  right  of  buyer  on 
arrival  at  destination  under  f.  o.  b. 
contract.    16-1201. 


FLOODING  MINE. 

Liability  of  neighboring  mine  owner  and 
of  others.     1914C-458. 


FOG  SIGNAL. 

Failure  of  vessel  to  hear  fog  signal  as 
evidence  of  neligence.  13-449;  18- 
528. 


FLOODS. 

Appropriation  of  flood  waters,  right  as 
against  riparian  proprietor.  1914A- 
82. 

Duty  of  one  obstructing  natural  water- 
course    to     anticipate     extraordinary 


FOLLOWING  TRUST 
PROPERTY. 

Eights  of  cestui  que  trust  as  to  property 
mingled  with  that  of  insolvent  trustee. 
7-553. 


372    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918El 


FOOD  AND  DRUGS. 

1.  In  GteneraL 

2.  Begtdations. 

3.  Warranty. 

4.  Impure  Food. 

See  Druggists;  Poisons. 

1.  In  General. 

Accident  insurance,  death  from  eating 
spoiled  food  as  within  accident  policy. 
1-255. 

Carriers  by  water,  duty  as  to  furnishing 
passengers.     20-1020. 

Corporations,  criminal  liability  for  violat- 
ing food   law.     1916C-465. 

"Dealer,"  person  selling  meat,  milk,  or 
oleomargarine  as  dealer.  1917A-952, 
959. 

Drinks  as  food.     1913EM293. 

"^ood,"  what  embraced  within  term. 
1913E-1292;   1917A-181. 

Inducement  to  violate  pure  food  and  drug 
law  with  view  to  prosecution  as  de- 
fense to  such' prosecution.     1916C-734. 

Milk;  what  is.  1912B-388. 

Sunday,  sale  and  delivery  of  food  as  work 
of  necessity  within  Sunday  law.  16- 
278. 

Tobacco  as  food.     1917A-181. 
Trademark  or  trade  name  as  infringed  by 
similar   name.     1915B-337. 

Workmen's  Compensation  Act  as  applying 
to  preparation  of  foodstuffs.  191 7D- 
23. 

2.  Regulations. 

Bread,  regulating  manufacture  or  sale, 
validity  of  statute  or  ordinance.  17- 
617;   1914B-287. 

Cold  storage  of  food.  1916A-534;  1916B- 
703;   1918C-895. 

Discrimination  in  sale  of  food,  validity 
of  statute  prohibiting.     1913D-44. 

Eggs,  sale  regulation,  validity  and  con- 
struction of  statute  or  ordinance. 
1918A-181. 

Federal  Pure  Food  and  Drugs  Act.  21- 
1323;  1915A-45;  1917C-495;  1918A- 
187. 

Flies,  dust,  etc.,  validity  of  statute  or 
ordinance  requiring  food  exposed  for 


rOOD  AND  DRUGS— Continued. 

sale    to    be    protected    from.     1912D- 
957;  1915D-1085. 

Health  board,  statute  empowering  board 
to  regulate  production  and  distribu- 
tion of  food  as  invalid  delegation  of 
power.     1913E-1000. 

Ice-cream,  state  and  municipal  regulation. 
1917B-645;   1918B-1035. 

Itinerant  vendor  of  drugs,  validity  of 
license  regulations.  10-401;  1913D- 
1242;  1917A-1093. 

Lard  or  lard  substitute,  validity  and  con- 
struction of  statute  regulating  sale. 
1916B-1169;   1916D-551. 

Meat  dealers,  statutory  or  municipal  reg- 
ulations. 1912B-510;  1917A-198; 
1918D-533. 

Milk,  constitutionality  of  statutes  or  ordi- 
nances regulating  sale.  4-119;  5- 
911;    18-321;    1915C-72. 

— ^pasteurization  regulations,  validity  of 
statute.     1915C-72. 

— receptacles  used  in  selling,  validity  of 
statute  or  ordinance  regulating.  14- 
703. 

Oleomargarine,  regulation  of  manufacture 
or  sale,  constitutionality  of  state  stat- 
utes.    2-451;    17-1100;    1913E-413. 

Opium  or  other  narcotic,  manufacture,  sale 
or  possession,  validity  and  construc- 
tion of  federal  regulation.  1917D- 
856. 

Sample  of  medicine  or  other  deleterious 
substance,  validity  and  construction 
of  statute  prohibiting  distribution. 
1915C-551. 

Statute  relating  to  food  and  drugs,  effect 
of  partial  invalidity.     1916D-56. 


3.    Warranty. 

Implied  warranty  upon  sale  of  food.  4- 
1104;    6-238;    15-1083;    1917A-181. 

—consequential  damages  for  breach  of 
implied  warranty,  recovery  of.  16- 
497;   1913B-1114;   1915C-143. 

4.    Impure  Food. 

Adulterated  article,  sale  by  agent  or  ser- 
vant, liability  of  vendor.     17-135. 

Beverages,  injury  resulting  from  foreign 
substance,  liability.     1917B-575. 


FOOTPRINTS— FORCIBLE  ENTRY  AND  DETAINER. 


373 


rOOD  AND  DRUGS— Continued. 

Foreign  substance  in  food,  liability  for 
injury  resulting.     1918B-225. 

Injurious  ingredient  of  food  preparation, 
conclusiveness  of  legislative  deter- 
mination.    1914  A-1 157. 

Master  and  servant,  criminal  liability  of 
master  for  violation  of  pure  food  law 
by  servant.     13-708. 

— unfit  or  bad  food  furnished  to  servant, 
liability  of  master.     1912D-776. 

Eestaurants,  person  injured  by  eating  in 
restaurant  or  lunch-room,  liability  as 
for  negligence  of  proprietor.  1914B- 
885;  1916D-921. 

Seizure  and  destruction  of  food  unfit  for 
use,  right   of  state.     15-281. 

Third  person  injured  by  unwholesome 
food,  liability  of  vendor  to.     1-756. 


FOOTPRINTS. 

Evidence  obtained  by  requiring  defendant 
to  furnish  shoe  to  compare  with  foot- 
print, admissibility  in  criminal  case. 
9-655;   I917D-237. 


FOR. 

Meaning  of  word  in  requirement  of  certain 
number  of  days'  publication  as  intend- 
ing continuous  publication.  1912B- 
1273. 


FORBEARANCE. 

Gambling  contract,  forbearance  to  sue  as 
new  consideration  supporting  action 
for  recovery.     14-249. 

Guaranty,  forbearance  as  sufficient  con- 
sideration   for    contract.     1916A-970. 


FORCE. 

Display  of  force  without  actual  force  as 
constituting   forcible   entry.     15-804. 

False  imprisonment  as   depending  on  ex- 
ercise of  force.     1912D-727. 

Homicide    in    repelling   forcible    entry    of 
premises.     21-721. 

Injunctive  relief,  remedy  by  force  as  ex- 
cluding right.     16-730. 

Process,   validity   of   service   procured  by 
force.     1916C-612. 


FORCE — Continued. 

Eeception  by  owner  of  personal  property, 
degree  of  force  allowable.     6-504. 

Replevin,  use  of  force  by  officer  in  execut- 
ing writ.     1915C-1142. 

Resisting  officer,  force  as  element  of  of- 
fense.    17-402. 

Result  of  forces  acting  on  animate  human 
body  as  question  of  law  or  fact. 
1913E-938. 

Use  in  aid  of  right  to  set  telephone, 
telegraph  or  electric  pole  on  land. 
1913E-476. 


FORCED  HEIRS. 

Forced  or  necessary  heirs.     1915D-296. 

FORCED  LABOR. 

Bight  or  person  performing  to  recover  for 
negligence  of  coworker.     4-479. 

FORCIBLE  ENTRY  AND 
DETAINER. 

Condemnation  proceedings  as  barred  by 
pendency  of  suit  for  damages  for  un- 
lawful entry  on  land,     1913I>-601. 

Easement,  recovery  by  action  of  forcible 
entry  and  detainer,     9-1177. 

— ejectment  of  tenant  forcibly  after  ter- 
mination of  lease,  right  to  maintain 
forcibly  entry  and  detainer  against 
landlord.     12-767. 

Estoppel  of  tenant  to  deny  landlord's  title 
in  action  of  forcible  entry  and  de- 
tainer.    1912D-103. 

Judgment  against  tenant  as  affecting  title 
of  landlord.     5-62. 

Keeping  out  of  possession  person  entitled 
thereto,  by  fear  of  personal  violence 
after  peaceable  entry,  as  giving  right 
of  action,     1912D-87o;    1916C-494, 

Landlord's  right  to  maintain  action  for 
entry  during  possession  of  tenant,  7- 
924, 

Mere  occupancy  or  personal  presence  as 
possession  sufficient  to  warrant  action. 
21-1226. 

Notice  to  quit,  necessity  before  landlord 
can  bring  forcible  entry  and  detainer 
against  tenant  whose  lease  has  ex- 
pired.    8-731. 


374    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


rOECIBIiE  ENTEY  AND  DETAINEE—' 

Continued. 

Possession  and  peaceable  entry  under 
claim  of  right,  right  of  action. 
1916C-494. 

Setoff  or  counterclaim,  right  to  interpose 
in  action  of  unlawful  detainer. 
1&16D-372. 

Threats  and  display  of  force  without  act- 
ual force  as  constituting  forcible 
entry.     15-804. 

Vendor  and  purchaser,  right  to  bring  ac- 
tion of  unlawful  detainer  against 
Tendee  under  contract  to  purchase. 
1&15C-317. 

FORECLOSURE. 

See  Chattel  Mortgages;  Liens;  Mechanics' 
lilens;  Mortgages. 


FOREiaN  ACTIONS. 

Power  of  court  to  enjoin  proceedings  in 
another  state  or  country.  10-26  j  16- 
673;  1&13B-204;  1915A-S34;  1918B- 
1150. 


FOREIGN  CARS. 

Attachment    or    garnishment.     2-349. 

FOREIGN  COMMERCE. 

Discrimination  by  taxing  sales  of  foreign 
goods,  power  of  state.    5-880. 

FOREIGN  CONSUL. 

Jurisdiction  of  action  against.     19-915. 

POREIGN  CORPORATIONS. 

3ee  Corporations. 

FOREIGN  DIVORCES. 

Alimony,  wife's  right  to  maintain  action 
when  husband  has  secured  divorce  in 
foreign  jurisdiction.     1912C-289. 

Ees  judicata  as  to  matters  sought  to  be 
litigated  in  domestic  court.  1916B- 
903,  924,  932,  944. 

FOREIGN  EXECUTOR. 

Executors  de  son  tort,  when  foreign  ex- 
ecutor chargeable  as.     1917E-14. 


FOREIGNERS. 

See  Aliens;  Nonresidents. 

FOREIGN  INSURANCE  COM- 
PANIES. 
See  Insurance. 

FOREIGN  JUDGMENTS. 

See  Judgments. 


FOREIGN    JURISDIC- 
TIONS. 

Acquisition  of  domicile  by  American  cit- 
izen  in   another   country.     18-699. 

Action  against  foreign  sovereign  or  for- 
eign state,  jurisdiction  of  court.  14- 
575;   1918E--527. 

Chattel  mortgages,  enforcement  in  foreign 
state  to  which  goods  have  been  re- 
moved by  mortgagor.  3-109;  1914B- 
1252. 

Discovery,  officer  of  foreign  government 
as   party   defendant    to    bill.     20-910. 

Death  by  wrongful  act,  suit  in  foreign 
jurisdiction  under  statute  permitting 
recovery.  2-805;  13-1036;  1913D-570; 
1914C-719. 

Election  made  under  will,  effect  in  for- 
eign jurisdiction.     1914A-446. 

Federal  statute  as  controlling  acts  of  cit- 
izens of  United  States  performed  in 
another  country.     16-1050. 

Fraudulent  conveyance  of  realty  situate 
in  a.nother  state,  jurisdiction  to  set 
aside.     5-533. 

Injunction  against  proceedings  in  another 
state  or  country,  power  of  court  to 
restrain.  10-26;  16-673;  1913B-204; 
1915A-834;  1918B-1150. 

Jurisdiction  of  court  of  action  against  for- 
eign  state    or  sovereign.     14-575. 

Penal  statute  which  is  partly  compensa- 
tory, enforcement  in  foreign  state. 
1913E-245. 

Personalty  located  in  another  state  or 
country,  jurisdiction  of  action  to  re- 
cover.    1912B-838. 

Taxation  of  property  of  foreign  state  or 
municipality.     1912D-804. 


FOREIGN  LANGUAGE— FORFEITURES. 


375 


FOREIGN  LANaUAGE. 

Confession  made  in  foreign  langTiage,  ad- 
missibility of  translation  by  inter- 
preter.    1912B-301, 

Forgery  of  instrument  in  foreign  language, 
sufficiency  of  indictment  as  to  setting 
out  forged  instrument.     17-502. 

Libel  or  slander  in  foreign  language, 
pleading  and  proof.     6-731. 

Publication  required  by  statute,  language 
in  which  should  *be  made.  14-420; 
1912D-632. 


FOREIGN  VESSELS. 

Admiralty   jurisdiction   in   torts.    13-217. 

FOREIGN  WILLS. 

Conclusiveness  in  domestic  courts  of  for- 
eign will  duly  probated  abroad.  9- 
422;  14-977;  1918A-614. 

Letters  of  administration  with  will  an- 
nexed, who  entitled  to  in  case  of 
foreign  wilL     1914D-124. 


FOREIGN  LAWS. 

See  Conflict  of  Laws. 

Judicial  notice,  construction  of  statute  re- 
quiring  courts   to   take.     1914D-546. 

Knowledge  of  foreign  law;  presumption 
as  to.     19I6D-1072. 

Misrepresentation  as  to  foreign  law  as 
fraud.     1917E-1096. 

Mistake  as  to  law  of  foreign  state  or  juris- 
diction, right  to  equitable  relief. 
1914C-1264. 

Presumption  that  statutes  of  foreign  state 
are  similar  to  those  of  domestic 
forum.     1-459. 

Printed  copy  of  statutes,  admissibility  in 
evidence    to    prove    law.     1916D-853; 

Proof  of  foreign  law  as  properly  made  to 
court  or  jury.     7-74;  1913D-256. 

Statute  of  limitations,  construction  of  do- 
mestic statute  recognizing  foreign 
statute.     14-^2. 

Testimony  of  lawyers  te  prove  foreign 
law,  admissibility  and  weight.  20- 
1339. 


FOREIGN  MARRIAGES. 

Cohabitation    nnder    foreign    marriage    as 
bigamy.     5-968;    19-569;    19170-1141. 

Foreign        marriages.     3-1054;        12-577; 
1912C-625. 


FOREIGN  RECEIVERS. 

Privileges  accorded  by  comity  to  foreign 
receiver.  5-570;  'l913D-1296;  1916A- 
97. 


FOREST  RESERVES. 

Legislation  respecting.  1917A-20,  24,  38, 
40,  46;  1918E-709. 

FORESTRY. 

See   Trees  and  Timber. 

Validity  and  construction  of  legislation, 
respecting.  1917A-5,  38,  40,  46; 
1918E-709. 

Workmen's  Compensation  Act  as  applicable 
to  employment  in  forestry  service. 
1917D-23. 

FORFEITURES. 

Abatement  of  bawdy-house  as  nuisance, 
forfeiture  of  property  on.     1915I>-5o2. 

Arbitrator,  forfeiture  of  compensation. 
1915D-396. 

Attorney,  lien  as  forfeited  by  voluntary 
withdrawal  from    action,     1913E-540. 

• — solicitation  of  business  by  attorney  as 
forfeiture   of   right   to   compensation. 

10-842. 

Bail,  allowance  of  interest  on  forfeited 
bond.     1916C-114. 

— condition  precedent  to  forfeiture,  calling 
accused  and  entering  default  on  re- 
cord as.     8-1020. 

— money  deposited  in  lieu,  forfeiture  of. 
5-153. 

Benefit  certificate,  estoppel  to  deny,  or 
waiver  of  forfeiture  for  violation  of 
contract  of  insurance  other  than 
failure  to  pay  assessments.  12-639; 
1918D-305. 

— forfeiture  for  nonpayment  of  dues  as 
waived  by  acceptance  of  arrearages. 
11-539;   1914C-437;   1916D-591. 


376    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


FORFEITUEES— Continued. 

Bids,  forfeiture  of  deposit  or  certified 
check  made  with   bid.     1916C-428. 

Corporations,  action  to  recover  forfeiture 
as  abated  by  dissolution  of  corpora- 
tion.    1917A-1180. 

— ^forfeiture  of  stock  on  account  of  non- 
payment of  subscription,  effect  as  to 
corporate    creditors.     1912B-494. 

— franchise,  forfeiture  of,  necessity  of 
direct  proceeding.     1916B-179. 

— ^judgment  against  corporation  for  vio- 
lation of  law,  discretion  of  court  as 
to  kind,  where  statute  prescribes  for- 
feiture of  franchise  as  penalty. 
1912D-822. 

— ^provision  for  forfeiture  of  charter  in 
constitution  or  statute  as  self-execut- 
ing.    1914A-936. 

Distrained  and  impounded  animals,  for- 
feiture and  sale.     15-1002. 

Easement,  forfeiture  for  misuser.     1917A- 

1018. 
— forfeiture  of  easement  of  right  of  way 

by    nonuse.     1917D-595. 

Fine,  penalty  and  forfeiture,  meaning  and 
distinction    between.     18-883. 

Fire  insurance,  forfeiture  of  policy  for 
misrepresentation  in  proofs  of  loss. 
'1916A-451,  466,  470. 

Game  laws,  property  used  in  violation, 
validity  of  statute  authorizing  for- 
feiture.    8-902. 

Homestead,  forfeiture  by  involuntary  or 
compulsory  absence.  8-681;  1917E- 
112. 

Insurance  policy,  forfeiture  for  nonpay- 
ment of  premium  when  insurer  is  in- 
debted   to   insured.     17-506. 

Landlord  and  tenant,  acceptance  of  rent 
as  waiver  of  forfeiture  of  lease  for 
breach  of  condition.  11-62;  1915A- 
1250. 

— enforcement  of  forfeiture  for  noninsur- 
ance  by  lessee.     1918E-302. 

— equitable  relief  from  forfeiture  for  non- 
payment of  rent.     1913A-828. 

— ^necessity  of  demand  for  payment  of 
rent  in  order  to  enforce  forfeiture 
for   nonpayment.     8-581. 

— tender  of  rent  before  declaration  of 
forfeiture  as  precffuditag  forfeiture. 
1912D-1009. 

— use  of  premises  for  illesfal  purposes  as 
forfeiting  tenant's  rights  under  lease. 
1913C-13o2. 


rOEFEITTJEES — Continued. 

Life  insurance,  estoppel  of  company  by 
declaring  forfeiture  to  claim  lapse  of 
policy  for  nonpayment  of  premium. 
1916A-541. 

Mining  lease,  relief  from  forfeiture  for 
breach  of  covenant  for  diligent  prose- 
cution of  work.     20-1172;  1917E-1149. 

Mutual  insurance,  forfeiture  or  suspen- 
sion of  policy  on  failure  to  pay  dues, 
effect  of  provision.     11-340. 

Positive  clause  of  forfeiture  as  embracing 
negative  covenants.     1-794. 

Process,  forfeiture  of  privilege  from  ser- 
vice by  party  to  action  while  attend- 
ing court.     11-1148. 

Prostitution,  forfeiture  of  premises  used 
for  purpose  of  prostitution,  validity 
and  construction  of  statute.  1917A- 
459. 

Eemission,  power  of  executive  to  remit 
forfeiture.     17-603. 

Stipulated  forfeiture  for  breach  of  con- 
tract, whether  penalty  or  liquidated 
damages.  1-244;  10-225;  1912C-1021; 
1915C-945;   1917A-739. 

Testamentary  gift,  forfeiture  in  case  of 
contest,  validity  of  condition  in  will. 
17-997;    1913E-1298. 

Wages,  servant's  breach  of  rules  as  ground. 
1914A-46. 

When  forfeiture  of  property  under  statute 
takes  effect.     7-899. 


FORGERY. 

1.  Wtat  Constitutes  Offense. 

2.  Indictment. 

3.  Evidence. 

4.  Civil  Eights  Growing  Out  of  Forgery. 

1.  What   Constitutes    Offense. 

Alteration  of  figures  on  check  as  forgery. 
1912D-240. 

Fictitious   name,   forgery   by   use    of.     18- 
482. 

Forging  and  uttering  as  one   offense.     1- 
308;    21-236. 

Genuine  signature,  fraudulent  procurement 
as  forgery.     17-705. 

Indorsement    made    on   instrument   as   for- 
gery.    1915A-1046. 


FORGETFULNESS— FORMER  TESTIMONY. 


377 


FORGERY— Continued. 

Injurious  nature  of  forged  instrument  as 
element  of  forgery.     3-293;  9-1111. 

"In  the   similitude   of,"   meaning  of  term 
in  statute  relating  to  forgery.     18-795. 

Order  for  delivery  of  goods  as  subject  of 
forgery.     1914C-469. 

Partner    signing    firm    name    as    forgery. 
1912B-702. 

Signing  name  of  another  person  incorrectly 
as  forgery.     20-166. 

Typewriting      as      constituting      forgery. 
8-86;   1916D-784. 


2.     Indictment. 

Joinder  of  counts  for  forgery  and  uttering 
forged  instrument.     21-237. 

Name  of  person  intended  to  be  defrauded 
or  to  whom  instrument  was  uttered 
or  passed,  necessity  of  alleging  in 
indictment.     1912C-1143. 

Setting  out  instrument  forged,  sufficiency 
of  indictment  with  relation  to.  17- 
499. 

8.  Evidence. 

Inference  of  forgery  in  one  county  as  war- 
ranted by  uttering  or  possession  of 
forged  instrument  in  another  county. 
1912A-303. 

Other  forgeries,  proof  in  prosecution  for 
forgery.     9-456;    1912C-91, 

Production  of  forged  instrument  and 
secondary  evidence  thereof  in  pro- 
secution.    1912A-916. 

4.  Civil  Eights  Growing  Out  of  Forgery. 

Bills  and  notes,  money  paid  by  bank  on 
forged  instrument,  right  to  recover. 
1912D-495. 

— part  of  signatures  to  promissory  note 
forged,  effect  on  rights  of  bona  fide 
holder.     12-441. 

— unrestricted  indorsement  of  forged 
draft  or  check  as  warranty  of  genuine- 
ness.    7-746. 

Cheeks,  payment  of  forged  check  by  mis- 
take of  bank,  right  of  recovery.  1- 
632;   1912D-495. 

— ^unrestricted  indorsement  as  warranty 
of  genuineness.     7-746. 

Defense  to  civil  action,  when  forgery  un- 
available.    1-181;    1912C-590. 


FOEGEEY — Continued. 

Libel  and  slander,  necessity  that  justifica- 
tion of  charge  of  forgery  be  of  pre- 
cise charge.     1918C-1136. 

Malicious  prosecution  on  charge  of  for- 
gery, excessiveness  or  inadequacy  of 
verdict.     1916C-258. 

Stock  certificate,  rights  inter  se  of  cor- 
poration and  bona  fide  purchaser.  5- 
251. 

Surety  as  discharged  by  principal's  pay- 
ment or  satisfaction  of  debt  with 
forged   paper.     13-921. 

Telegraph  company,  liability  for  delivery 
of  forged  message.  1-578;  5-521; 
1915D-245. 

Witness,  forgery  as  "crime,"  for  convic- 
tion of  which  witness  may  bo  im- 
peached.    1916A-276. 


FORGETFULNESS. 

Judgment,  forgetfulness  as  ground  for 
opening  or  setting  aside  default 
judgment.     1914B-589. 

Known  danger,  pedestrian  injured  by  de- 
fective street,  forgetfulness  of  con- 
dition as  negligence.     1915B-764. 

— person  other  than  servant,  forgetfulness 
as  negligence.     1913D-36. 

—servant's  forgetfulness  as  negligence. 
1913B-1197. 

Payment  made  because  of  forgetfulness, 
right   to    recover,     18-670. 

Witness,  forgetfulness  of  facts  as  ground 
of  admission  of  former  testimony. 
1914C-575. 


FORGIVENESS. 

Divorce,  forgiveness  of  breach  of  marital 
duty  as  defense.     1912C-4. 


FORMA  PAUPERIS. 

Bight  of  personal  representative  to  sue 
or  defend  in  forma  pauperis.  1- 
805. 

FORMER  JEOPARDY. 
See   Criminal  Law. 


FORMER  TESTIMONY. 
See  Eivldence. 


378    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


FORNICATION. 

Imputing    fornication    to    man    as    action- 
able   Blander.     1917A-1044. 

'liiving   together"   or    "cohabiting,"   what 
constitutes    in    fornication.     19-655. 

Married    woman,    whether    can    be    guilty 
of  offense  of  fornication,     1916A-321, 

Solicitation    of    fornication    as    indictable 
offense.     2-457. 


rORTHCOMING  BOND. 
See  Attachment. 

FORTIFICATIONS. 

(Workmen's  Compensation  Act  as  appli- 
cable to  workmen  engaged  thereon. 
1917D-27. 

FORTUNE-TELLING-. 

Advertising,  prohibitory  statutes.     1916A- 

905. 
Criminal  liability.     1914:A-900. 

FORWARDER. 

iWhen  person  or  corporation  is  forwarder 
as  distinguished  from  carrier  of 
goods.     1914B-778. 

FOSSILIFEROUS  SUB- 
STANCES. 

Classification  as   minerals.     1912A-1304. 

FOSTER  PARENTS. 

See  Adoption, 

FOUNDATIONS. 

Mechanic's  lien,  laying  foundation  ag  im- 
provement for  which  lien  may  exist. 
1912B-6. 

FOWLS. 

Fowl   as   animal.     1915A-1242. 

Larceny  of  fowls,  sufficiency  of  proof 
with  respect  to  description  in  indict- 
ment.    17-739. 

Municipal  regulation  of  poultry  within 
city  limits,  validity.     14-1003. 


FOWIjS — Continued. 

Trespass  on  another's  land,  right  to  dam- 
ages against  owner  who  permits  them. 
1913C-757. 


FRACTIONS. 

Day,  fractions  of  day  in  computation  of 
time.     2-135;    1914C-95. 

Money,    doctrine    "de    minimis    non    curat 
iex"  as  applicable.    18-691. 


FRANCHISES. 

Generally. 

Alteration    or    amendment    of    municipal 

franchise  to  public  service  corpora- 
tion, right  of  third  person  deriving 
benefit  to  object.     1913D-1089. 

Amendment  or  repeal  of  ordinance  grant- 
ing franchise  as  impairment  of  con- 
tract obligation.  3-88;  6-601;  1915A- 
899. 

Compelling  exercise  of  franchise,  right 
of  municipality  which  has  granted  fran- 
chise for  performance  of  public  ser- 
vice.    18-335. 

• — whether  court  will  compel  public  service 
corporation  to  perform  obligations  of 
franchise.      1914A-1244, 

Contractual  obligation  arising  from  fran- 
chise, mandamus  as  remedy  to  com- 
pel performance.     1918A-916. 

Distinction  between  license  and  franchise 
granted  to  corporation.     1916B-210. 

"Domestic  purposes,"  meaning  as  applied 
in  charters  or  franchises  of  public 
service   companies.     1912B-620. 

Eminent  domain,  injury  to  franchise  as 
element  of  damages  in  condemnation 
proceedings.     1918B-277. 

Estoppel  of  municipality  to  deny  validity 
of    franchise.     1916B-1272. 

Execution,  liability  of  franchise  to  sale. 
5-512. 

Ferry  franchise,  construction  of  bridge 
as  infringement.     12-255. 

' — operation  of  private  ferry  as  infringe- 
ment.    19-1033;   1914C-1207. 

— transferability  and  descendibility.  2- 
693. 

Foreign  corporation,  reservation  of  power 
to   alter    or   annul   as   affecting  state 


FRATERNAL  BENEFIT  SOCIETIES— FRAUD. 


379 


FBANCHISES — Continued. 

power  to  impose  additional  burdens  on 
foreign  corporation  after  compliance 
with  conditions  for  doing  business  in 
state.     9-981;    17-1251. 

Forfeiture,  constitutional  or  statutory 
provision  therefor  as  self -executing. 
1914A-936. 

— direct  proceedings  to  forfeit  special 
franchise,  necessity  of.     1916B-179. 

— ^judgment  against  corporation  for  viola- 
tion of  law,  discretion  of  court  as 
to  kind  to  be  entered  where  statute 
prescribes  forfeiture  of  franchise  as 
penalty.     1912D-822. 

Injunction  against  commission  of  acts 
under  franchise,  validity  of  fran- 
chise as  within  power  of  court  to 
determine  in  such  action.     1914B-490. 

Judicial  inquiry  into  motives  prompting 
enactment  of  ordinance  granting 
franchise.     1912A-718. 

"Person"  in  statute  as  including  private 
corporation.     1914A-1309. 

Purchase  of  public  utility  by  municipal- 
ity, value  of  franchise  as  element  of 
compensation.     1915B-1177. 

Quo  warranto  for  usurpation  of  municipal 
franchise.     8-324. 

Eelief  from  obligations  of  charter,  power 
of  municipality  by  ordinance  to  re- 
lieve public  service  corporation. 
1914D-1071. 

Statutes,  effect  of  partial  invalidity  of 
statute  relating  to  franchises.  1916D- 
56. 

Streets  and  highways,  franchise  for  use 
as  extending  grant  to  new  street  or 
subsequently  annexed  territory.  18- 
1118. 

Turnpike,  expiration  of  charter  as  af- 
fecting   title    to    turnpike.     13-665. 

"Vicinity,"  meaning  of  term  as  used  in 
corporate  charter.     18-738. 


FRANCHISES— Continued. 

Federal  franchise,  right  of  state  to  tax. 
17-722. 

Ferry,  state  taxation  as  regulation  of  in- 
terstate commerce.     1914B-684. 

Place  of  taxation  of  corporate  franchise. 
7-518. 

Taxation  of  corporate  franchise  as  realty 
or   personalty.     19-167. 

Telegraph  and  telephone  companies,  stat- 
ute or  ordinance  imposing  tax  as 
interference  with  interstate  com- 
merce.    1914A-987. 

— validity  of  tax  for  use  of  streets  as 
depending  on  amount  of  tax.  16- 
343. 

rHATERNAL  BENEFIT   SOCIETIES. 

See  Beneficial  Associations. 


FRATERNITIES. 

See   Societies   and   Clubs. 

College  fraternity  as  exempt  from  taxa- 
tion.    1918E-278. 

Secret  societies  among  students,  validity 
of  statutory,  or  other  prohibition 
against.     1916E-527.  ' 

FRAUD. 

1.  In  General. 

2.  What  Constitutes  Fraud. 

3.  Effect  of  Fraud. 

4.  Remedies. 

5.  Pleading. 

6.  Evidence. 

7.  Damages. 

8.  Assignment  of  Cause  of  Action. 

See  False  Pretenses;   Frauds,  Statute  of; 
Fraudulent  Sales  and  Conveyances. 


Taxation. 

Common  carrier,  mileage  basis  in  assess- 
ing value  of  franchise,  propriety  of 
using.     1914B-199. 

Exemption,  federal  grant  of  franchise  as 
exempting  corporation  from  state 
license    tax.     1913C-816. 

— provision  for  bonus  or  tax  as  exemp- 
tion from  taxation.     4-388. 


1.    In  General. 

Advertising    fraudulently.     1916A-901, 

Attorneys,  communications  to  attorney  in 
furtherance  of  fraudulent  purpose  as 
privileged.     1913A-28. 

Bill  or  note  procured  by  payee  fraud- 
ulently, title  as  affected  by  his  re- 
purchase from  bona  fide  holder.  8— 
626. 


380    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918Ei. 


FRAUD — Continued. 

Confession  obtained  by  fraud  or  trick,  ad- 
missibility in  evidence.  15-274; 
1916D-966. 

Conspiracy  to  defraud,  suflSciency  of  al- 
legations of  indictment  as  to  object 
and  means  of  accomplishing.     21-39. 

Discovery,  participant  in  fraud  as  party 
defendant  to  bill.     20-910. 

Innkeepers,  statute  punishing  fraud  by 
hotel  guest  as  violative  of  constitu- 
tional provision  against  imprison- 
ment for  debt.     16-1231. 

Larceny,  obtaining  possession  of  property 
by  trick  or  fraud,  with  intent  to 
steal  es  larceny.     8-287. 

Life  insurance  policy,  right  to  contest 
on  ground  of  fraud  where  incontest- 
able clause  does  not  except  fraud. 
1914C-652;   1916C-707;   1917E-1116. 

Notice  of  fraud,  record  of  instrument  as 
constructive    notice.     1917A-267,    274. 

Belease  for  personal  injuries,  necessity  of 
returning  or  tendering  consideration 
on  repudiation  for  fraud  as  condition 
precedent  to  action.  4-655;  8-179; 
10-739;    1912D-1084. 

Beliance  on  false  representations,  neces- 
sity in  order  to  maintain  action 
for   deceit.     1915B-779. 

Bescission,  executed  contract,  showing  of 
fraud  essential  to  sustain  action.  1- 
516. 

— necessity  of  showing  damage  in  order 
to  give  purchaser  right  to  rescind 
contract  of  sale  on  ground  of  fraud. 
14-261. 

Tort  committed  by  fraud,  waiving  tort 
and  suing  in   assumpsit.     1913D-237. 

Trademark  infringement,  fraudulent  in- 
tent as  necessary  element.     3-32. 

Undue  influence  as  related  to  fraud.  18- 
412. 

Voting  or  guessing  contest,  fraud  in. 
19180-750. 

Weights  and  measures,  validity  of 
legislation  for  prevention  of  fraud. 
1912C-251;   1918D-156. 


2.    "What   Constitutes  Fraud. 

Area,  description  by  vendor  of  quantity 
of  land  conveyed  as  "about"  so  many 
acres  as  fraudulent.     1918D-703. 


FRAUD— Continued. 

— fraudulent  representation  of  area  by 
vendor  to  purchaser  where  true 
boundaries  are  pointed  out  as  action- 
able   deceit.     16-502. 

—relief  on  ground  of  fraud  in  convey- 
ance of  land  as  affected  by  use  of 
term  "more  or  less,"  applied  to 
quantity.     12-300. 

Condition,  value,  etc.,  of  property,  right 
of  grantor  to  cancellation  of  deed 
on  ground  of  misrepresentation  by 
grantee.     1912A-405. 

Corporations,  purchase  of  stock  by  director 
es  affected  by  fiduciary  relation  to 
stockholder.     2-877;  1918B-241. 

False  '  representation  of  existing  fact, 
what  amounts  to.     1-980. 

Fidelity  insurance,  what  constitutes  fraud 
by  employee.     1917C-425. 

Foreign  law,  misrepresentation  as  fraud. 
1917E-1096. 

Fortune-telling.     1914A-900. 

Inducing  performance  of  personal  services 
without  intent  to  pay  therefor,  right 
of  action  for  fraud.     1916C-172. 

Intended  use  of  realty,  false  statement 
by  purchaser  as  false  representation 
warranting  cancellation  of  deed.  20- 
913. 

Intention  to  make  improvement  affecting 
property  sold,  false  statement  by 
vendor  as  fraud  sufficient  to  avoid 
contract  of  sale  or  deed.     1914B-862. 

Landlord  and  tenant,  concealment  by 
landlord  of  defects  in  premises  as 
fraud.     1-679. 

Marriage  contracted  by  man  with  intent 
not  to  assume  marital  relation  as 
fraud  warranting  annulment  by  wife. 
1915A-829;    1918I>-191. 

Opinion  on  question  of  law  by  party  to 
contract  for  sale  of  land  as  sufficient 
basis  to  support  charge  of  fraud. 
1913B-1143. 

— statement  as  to  future  profits  of  busi- 
ness, as  ground  for  action  of  fraud. 
1916D-1040. 

Postoffice,  intent  to  defraud  as  essential 
element  of  using  mails  to  defraud. 
18-1044. 

— scheme  to  defraud,  what  constitutes 
within  federal  statute  prohibiting 
use  of  mails  therefor.     1914D-1242. 


FRAUD. 


381 


{ 


FEAUD — Continued. 

Prejudice  or  damage  arising  from  false 
representations  inducing  person  to 
do  what  law  would  compel  him  to 
do.     20-179. 

Price,  misrepresentation  by  vendor  of 
price  paid  for  property  as  actionable 
deceit.     8-1062. 

Promise  not  to  engage  in  business  in 
future  as  fraud  sufficient  to  support 
action.     1913A-388. 

Tax  sale,  proof  of  illegal  combination  of 
bidders  as  essential  to  affect  valid- 
ity  of  sale.     1913D-963. 


3.    Effect  of  Fraud. 

Agency,   implied   promise   of  principal   of 

indemnity    to    agent    as  affected    by 

misconduct      or      fraud  of      agents. 
1912D-994. 

— liability  of  principal  for  fraud  of 
agent  as  dependent  on  whether  fraud 
is  committed  for  benefit  of  principal. 
1913B-829. 

Appellate  court  decision  obtained  by 
fraud  es  affecting  jurisdiction  after 
remand.     11-868;     1917A-286. 

Attorney,  effect  of  fraud  on  running  of 
statute  of  limitations  against  action 
by  client  to  recover  money  collected. 
15-1209. 

— ^liability  to  client  for  fraud  or  unfair 
dealing.     1917B-11. 

— License  to  practice  procured  by  fraud 
as    ground    for    disbarment.     20-212. 

Bankruptcy  discharge  procured  by  fraud 
as  affecting  right  of  collateral  at- 
tack  in    state    court.     18-602. 

Blank  negotiable  instrument  fraudulently 
filled  in,  liability  of  maker  to  bona 
fide    holder.     8-186;    11-197. 

Building  and  loan  contract,  avoidance 
on    ground    of    fraud.     1917A-890. 

Burglary  insurance,  effect  of  false  rep- 
resentations on  liability  of  insurer. 
1913C-1179. 

Carrier    of    goods,     fraud     of    carrier    or 

consignor   of  goods   shipped   C.   O.   D. 

as    affecting   rights   and   liabilities   of 

consignee.     1916B-1221. 
Commission   of  fraud   or   deceit   as   injury 

to    person    or    property.     19-936. 
Composition     with     creditors    as     affected 

by    fraud.     1914A-843. 


FBAUD — Continued. 

Elections,  nomination  fraudulently  pro- 
cured as  invalidating  election.  7- 
839. 

— rejection  of  entire  vote  of  district  for 
fraud  affecting  indeterminate  num- 
ber   of    votes.     1918A-41,    69,    73. 

Execution  levy  delayed  through  fraud  of 
debtor  as  affecting  creditor's  rights. 
21-934. 

Executors  and  administrators,  conceal- 
ment of  facts  as  affecting  running  of 
limitations  against  right  to  attack 
distribution  of  decedent's  estate. 
1918D-316. 

Fire  insurance,  misrepresentation  in 
proofs  of  loss  furnished  under  policy, 
effect.     1916A-451,    466,    470. 

Injunction,  fraud  as  ground  for  enjoining 
proceedings    in   court    of   law.     5-727. 

Innocent  false  representations,  liability 
of   vendor   of  realty.     1913C-63. 

Judgment  obtained  by  fraud  as  ground 
for  injunction  against  execution  sale. 

1918C-244. 

* 

— warrant  of  attorney  procured  by  fraud 
in  one  state,  validity  and  effect  in 
another    state.     20-263. 

Landlord  and  tenant,  lease  procured  by 
fraud  as  avoiding  estoppel  to  dispute 
landlord's    title.     4-110. 

Life  insurance,  right  to  contest  policy 
on  ground  of  fraud  where  it  contains 
incontestable  clause  not  excepting 
fraud.  1914C-652;  1916C-707;  1917E- 
1116. 

Malicious  prosecution,  conviction  pro- 
cured by  fraud  as  affecting  proba- 
tive force  in  action  for  malicious 
prosecution.     15-486. 

Marriage,  fraud  as  ground  for  annulment 
of    marriage.     12-28. 

— ^procurement  by  fraud  combined  with 
mental  weakness  as  sufficient  to  in- 
validate.    1913B-1240. 

Mercantile  agency,  false  statement  made 
by  debtor  as  fraud  on  subsequent 
creditor.     1916D-753. 

Naturalization,  fraud  as  ground  for  revo- 
cation    of    certificate.     1917C-46. 

Partnership,  accounting  after  dissolution, 
effect  of  fraud  by  one  partner 
upon  running  of  limitation  statute. 
1918D-1117. 


382    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


FKAUD — Continued. 

. — commission  of  fraud  by  one  partner  as 
creating  liability  of  copartner. 
1912A-1337. 

—procurement  of  partnership  by  fraud 
es  ground  for  dissolution  or  rescis- 
sion.    10-695. 

Process,  service  of  process  procured  by 
fraud,    validity.     1916C-612. 

Prospectus,  fraudulent  representations  in 
prospectus  of  corporation,  liability 
of  person  whose  name  appears 
thereon   as   an   officer.     1915C-559. 

Redemption  from  judicial  sale  after  ex- 
piration of  statutory  period  fts  af- 
fected by  prior  fraudulent  transac- 
tion.    1913E-1189. 

Sales,    concealment    of    defects   in    article 

sold,  liability  of  seller  for  injury  to 

stranger.     5-128. 
— credit    procured    by    fraud    as    affecting 

accrual   of  right  of  action  for  price. 

7-544. 

Tex  deed  acquired  by  fraud  as  estop- 
ping holder  to  assert  bar  of  statute 
protecting    tax    titles.     16-1149, 

Telegraph  company,  liability  for  delivery 
of  fraudulent  or  incorrect  messages. 
1-578;    5-521;    1915D-245. 

Trusts,  setting  aside  during  life  of  cre- 
ator for  fraud  or  undue  influence. 
1918C-836. 

Vendor  and  purchaser,  estoppel  of  pur- 
chaser to  deny  vendor's  title  as 
avoided  by  misrepresentation  of  ven- 
dor.    1912C-407. 

— ^fraud  of  vendor  in  obtaining  title  as 
affecting  rights  of  parties  on  ven- 
dee's notice  thereof  after  convey- 
ance but  before  payment  in.  full  of 
purchase  price.     1914A-44. 

Warehouseman,     misrepresentation    as    to 
-nature    of    building    as   affecting    lia- 
bility    for    loss    of    goods     by     fire. 
19-246. 

Wills,  probate  refused  through  fraud  <is 
giving  right  to  repropound.     15-70. 

— revocation  of  will  fraudulently  pre- 
vented as  affecting  its  validity. 
1913D-312. 


4.    Bemedies. 

Animals,  sale  for  breeding  purposes,  re- 
scission on  account  of  fraud.  1916A- 
575. 


FRAUD — Continued. 

Bankruptcy,  liability  for  fraud  as  affected 
by   discharge  in  bankruptcy.     20-308. 

Cancellation  of  instrument  procured  by 
fraud  in  equity  when  adequate  rem- 
edy at  law.     8-548. 

Corporations,  fraud  as  ground  for  suit 
by  minority  stockholders  to  wind  dp 
or  dissolve  corporation.  15-426; 
1918E-430. 

Divorce  decree  procured  by  fraud,  power 
of  court  to  revoke.     18-1002. 

Equity  jurisdiction  in  case  of  fraud 
where  adequate  remedy  at  law  ex- 
ists.    3-611. 

Executor  or  administrator,  personal  lia- 
bility to  third  person  for  fraud. 
21-356. 

Executory  contract  for  sale  of  person- 
alty, performance  after  discovery  of 
fraud  as  affecting  right  of  action 
for    damages.     7-280;    20-172. 

Foreign  judgment,  right  to  plead  fraud 
as  defense  in  action   on.     1914D-999. 

Guaranty,  fraud  as  defense  to  action. 
1916A-501. 

Limitation  of  action  for  relief  for  fraud 
as  applicable  to  action  to  quiet  title. 
20-45. 

Marriage  induced  by  fraud,  right  to 
damages.     1915D-220. 

Master  and  servant,  misrepresentation 
by  servant  as  to  qualifications  as 
defense  to  action  for  wages.  1918D- 
85. 

Patent,  jurisdiction  of  state  court  of  pro- 
ceeding based  on  fraudulent  lepre- 
eentations.     1916B-805. 

Eelease  procured  by  fraud,  respective 
jurisdictions  of  law  and  equity  to 
avoid.     13-756. 

Eeseission  of  fraudulent  contract,  limi- 
tation   on   right.     1-910. 

Sheriff's  sale,  caveat  emptor  rule  as  pre- 
cluding defense  of  fraud  by  bidder. 
18-503. 

Vendor  and  purchaser,  equitable  relief 
in  case  of  misrepresentation  or  fraud 
as  to  amount  of  land  in  sale  of 
realty.     12-300. 

I — money  paid  under  verbal  contract  for 
sale  of  land,  right  of  purchaser  to 
recover    back.     2-931;     1918C-432. 

Wills,  jurisdiction  of  equity  to  set  aside 
for  fraud.     18-807. 


FEAUD — Continued. 


FRAUDS,  STATUTE  OF. 

PRAUD— Continued. 


383 


5.    Pleading. 

Counterclaim  for  fraud  in  action  for 
fraud.     3-486. 

Demurrer  to  general  allegation  of  fraud 
as    confession    of    fraud.     14-368. 

Failure  to  deny  fraud  as  raising  presump- 
tion against  party  to  action.  1914A- 
923. 

Replevin,  fraud  of  plaintiff  as  provable 
under    general    denial.     20-299. 

Scienter,  necessity  and  sufficiency  of  al- 
legation in  action  for  false  repre- 
sentations.    16-646. 


6.    Evidence.' 

Burden  of  proof  as  to  fraud.  1-809; 
1912A-711. 

Character  or  reputation  of  party  or  other 
person  charged  with  fraud  in  civil 
action,  admissibility  of  evidence.  8- 
1136. 

Fire  insurance  contract,  parol  evidence  as 
admissible  to  vary  terms  on  ground 
of    fraud.     1914C-74. 

Guilty  knowledge  and  fraudulent  intent, 
necessity  of  showing.     1-810. 

Intention  of  party  to  action  for  fraud 
as  provable  by  his  direct  testimony. 
1912D-1044. 

Motive  as  establishing  fraud,  sufficiency  of 
proof.     1-811. 

Parol  evidence  of  false  representations 
in  contradiction  of  recitals  of  bill  of 
sale.     19-546. 

Presumptions  and  burden  of  proof  as  to 
fraud.     1-809. 

— inadequacy  of  price  as  raising  presump- 
tion.    1-812. 

Question  of  law  or  fact,  fraud  as. 
1-446;    1912A-713. 

Sufficiency    of    proof.     1912A-711. 


7.    Damages. 

Exchange  of  property,  measure  of  dam- 
ages for  false  representations  indu- 
cing exchange.     15-458. 

Sales,  misrepresentation  as  to  value  of 
goods  sold,  measure  of  damages. 
1913E-274. 


8.    Assignment   of   Cause   of  Action. 

Misrepresentation  by  party  to  contract 
as  available  to  assignee  of  contract. 
1912A-1124. 

Eight  to  file  bill  in  equity  for  fraud 
committed  on  assignor,  validity  of 
assignment.     1912D-549. 

Transfer  of  corporate  assets  to  new  cor- 
poration as  passing  right  of  action 
by  corporation  for  fraud.  1915B- 
951. 


FRAUDS,  STATUTE  OF. 

1.  In  General.  * 

2.  Contracts  Generally. 

S.  Contracts  Relating  to  Land. 

4.  Contracts  for  Sale  of  Goods. 

5.  Promise  to  Answer  for  Debt,  etc.,  of 

Another. 

6.  Contract   not  to   be   Enforced   Within 

Year. 

7.  Representations  as  to  Character,  Credit, 

etc. 

8.  Memorandum  Required  by  Statute. 

A.  In  General. 

B.  Signatures. 

C  CONSIDERATION, 

1.    In  General. 

Ejectment,  oral  contract  for  purchase  of 
land  as  defense  to  action.  1912A- 
566. 

Oral  contract  within  statute  as  ground 
of    defense.     11-479. 

Plea  of  statute,  to  whom  available.  21- 
1388. 

Pleading  specially,  necessity  where  de- 
fendant    denies     contract.     1912D-46. 

Reformation  of  contract  on  ground  of 
fraud,  accident  or  mistake,  power 
of  court  of  equity  as  affected  by 
statute    of    frauds.     3-781;    18-919. 

Specific  performance  of  contract  for  sale 
of  land,  oral  contract  for  resale  as 
defense    to    action.     1914D-461. 

Tort-feasor,  availability  of  statute  as 
defense.     21-1390. 

"Waiver  of  protection  of  statute  of  frauds. 
19-316;  1914C-1243. 


384    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918B. 


FRAUDS,   STATUTE  OF — Continued. 
2.    Contracts  Generally. 

Alteration  of  contract  by  parol  as  af- 
fected by  statute  where  contract  has 
been  acted  upon  as  altered.  7-1041; 
1913E-750. 

Antenuptial  agreement,  oral  contract  as 
validated  by  postnuptial  contract  or 
conveyance  in  writing.  13-556; 
1915A-271. 

Charities,  oral  promise  to  donate  money 
to  charity,  validity  and  enforce- 
ability.    1914D-138. 

Corporate  stock,  effect  on  sales  of  sev- 
enteenth section  of  statute  of  frauds 
end  equivalent  enactments.  7-930; 
18-599;   19170-991. 

— transfer  not  in  writing,  validity.  6- 
481. 

Insurance,  validity  of  oral  contract.  6- 
624. 

Judicial  sales  as  affected  by  statute.  7- 
1071. 

Marriage,  contract  in  consideration  of 
marriage,  as  within  governing  prin- 
ciples of  statute  of  frauds.  1913E- 
334. 

Mines^  application  of  statute  to  contracts 
relating    to.     10-99. 

Modification  of  written  contract  by  parol 
as  affected  by  statute.  1-728; 
1915C-343. 

Parol  contract  partly  within  statute, 
validity  and  enforceability.  8-963; 
10-509;    1918E-498. 

Patents,  oral  transfer  of  patent  or  pat- 
ent right,  validity  within  statute. 
1913E-1016. 

Personal  property,  contract  authorizing 
one  to  purchase  for  another  as 
within    statute.     11-1100. 

Protest  of  bill  or  note,  waiver  by  parol 
as   within   statute.     16-152. 

Tombstone  or  monument,  contract  to 
make    as    within    statute.     10-309. 

Trusts,  oral  trust  fully  executed  as  af- 
fected by  statute.     1913A-954. 

Unenforceable  agreement  under  statute 
as  consideration  for  new  contract. 
19-1182. 


FRAUDS,  STATUTE  OF— Continued. 
S.    Contracts  Relating  to  Land. 

Abandonment  or  rescission  of  written 
contract  for  sale  of  land,  necessity 
that  it  be  in  writing.     14-729. 

Assignment  of  written  contract  for  pur- 
chase of  land,  necessity  that  it  be 
in   writing.     15-1177. 

— lease,  parol  assignment  as  affecting 
liability  of  assignee  for  rent.  1916E- 
813,  842. 

Bidders  at  judicial  sale,  oral  agreement 
to  share  property  purchased  by  one 
es  within   statute.     1912B-320. 

Boundary  line,  parol  agreement  estab- 
lishing as  affected  by  statute.  8-83; 
16-150;    1912B-662;    19I5B-728. 

Broker,  oral  contract  employing  real  es- 
tate broker  where  statute  requires 
written  contract  as  affecting  right  to 
recover  commissions.  13-977;  1915 A- 
1133. 

Buildings,  contract  for  sale  of  building 
as  contract  for  sale  of  realty  within 
statute.     1916D-970. 

Conflict  of  laws  as  to  enforceability  of 
executory  contract  relating  to  realty. 
20-468. 

Crops,  parol  reservation  of  growing  crops 
on  sale  of  land,  validity.  18-504; 
1915A-1155;    19160-344. 

Devise  of  land,  validity  of  oral  agree- 
ment to  devise.  5-495;  20-1137; 
1915A-463;    1918A-1191. 

Exchange  of  lands  by  parol  as  affected 
by    statute.     1912A-308. 

Executed  sale  of  land,  admissibility  of 
parol  evidence  to  establish  fact. 
1914C-70S. 

Fences,  validity  and  enforceability  of 
oral  contract  to  maintain  division 
fence.     19120-470. 

Improvements  placed  on  land  by  vendee, 
liability  of  vendor  on  breach  of  oral 

r  contract  for  sale  of  realty.  19130- 
390. 

Incumbrances,  oral  agreement  by  vendor 
or  vendee  to  remove  existing  in- 
cumbrance as  within  statute.  1916B- 
221. 

Mortgages,  deed  operative  as  mortgage, 
effect  of  statute  upon  parol  agree- 
ment   therefor.     11-313. 


FRAUDS,  STATUTE  OF. 


385 


I 


FEAUDS,   STATUTE  OF — Continued. 

— delivery  of  possession  of  mortgaged 
realty  to  mortgagee,  validity  of  oral 
agreement  by  mortgagor.  1914C- 
926. 

■ — discharge  of  mortgagor  from  personal 
liability,  parol  agreement  as  within 
statute.     1914B-122. 

— oral  agreement  to  mortgage  land,  ap- 
plicability   of    statute.     &-46. 

Parcel  of  tract  of  land  to  be  selected 
by  vendor  or  purchaser  under  writ- 
ten contract  to  convey  as  within 
statute.     19-373. 

Partition  of  lands  by  parol  as  contra- 
vening   statute..    8-405. 

Partnership  agreement  for  purchase  and 
sale  o*  land  as  within  statute.  7- 
1142;    13-140;    1913E-567. 

Part  performance  sufficient  to  satisfy 
statute,  continuance  of  existing  pos- 
session of  land  as  constituting.  9- 
135. 

—possession  taken  by  vendee  without 
knowledge  or  consent  of  vendor  and 
not  in  pursuance  of  contract  as  part 
performance  satisfying  statute  of 
frauds.     1913E-510. 

' — repudiation  of  contract  by  vendee  on 
ground  of  statute  as  affecting  his 
right  to  recover  for  acts  of  part  per- 
formance where  vendor  is  willing  to 
carry    out    contract.     1914D-471. 

— several  parcels  of  land,  possession  of 
one  as  sufficient  part  performance. 
8-80. 

Payment  of  money  under  verbal  con- 
tract for  sale  of  land,  right  of  pur- 
chaser to  recover.  2-931;  1918C- 
432. 

Repudiation  of  oral  contract  for  sale  of 
realty  or  personalty,  invocation  of 
statute  by  successor  in  interest.  16- 
412. 

Eestrictive  covenants,  agreement  by  ven- 
dor of  realty  that  he  will  impose 
similar  restrictions  on  property  sub- 
sequently sold,  validity  within  stat- 
ute.    19i4A-434. 

■Revival  by  oral  agreement  of  defunct 
contract    for    sale    of    land.     17-1111. 

Right  of  way  across  land,  transfer  to 
railroad  as  within  statute.  1912D- 
981. 

Services    performed     under     contract     for 
conveyance   of   land   void  under  stat- 
Index  to  Xotes — 25 


FRAUDS,   STATUTE  OF— Continued. 

ute  of  frauds,  remedy  of  person  per- 
forming.    1913A-288. 

Title,  estoppel  of  purchaser  to  deny  ven 
dor's  title  as  governing  in  case  of 
oral  contracts  to  convey.  1912C- 
407. 

— oral  agreement  by  vendor  to  make 
title  to  land  good  as  within  statute. 
1913D-1239. 

Trees  and  timber,  sale  of  growing  trees 
as  sale  of  interest  in  land  within 
statute.     9-192;   18-971;  1916A-243. 

Trusts,  agent's  purchase  of  lands  with 
own  funds  under  verbal  agreement 
to  hold  for  another  as  within  statute. 
5-257. 

— resulting  trust  arising  from  purchase 
by  husband  in  own  name  with  wife's 
money,  proof  by  paroL     1915D-630. 

4.    Contracts  for  Sale  of  Goods. 

Acceptance,  buyer's  act  in  selling  or  of- 
fering to  sell  goods  as  sufficient 
acceptance  within  statute.  1913B- 
275. 

— samples,  acceptance  thereof  as  accep- 
tance of  part  of  goods  sold  within 
statute    of    frauds.     4-187. 

— time  when  goods  must  be  accepted  to 
take  contract  of  sale  out  of  statute. 
11-518. 

Barter  and  exchange  contracts  as  within 
"sales  of  goods"  clause.     14-308. 

Delivery,  continuance  of  existing  posses- 
sion by  vendee  as  sufficient  to  take 
verbal  sale  of  goods  out  of  statute. 
13-715;    1917B-572. 

— delivery   to    carrier    as   taking   sale    out 

of   statute.     2-545;    9-1169. 
— symbolical    or    constructive    delivery    of 

goods     within    statute.     1917B-566. 

Joint  purchase  of  goods  from  third  per- 
son, contract  as  within  statute. 
1918C-744. 

Payment,  medium  of  payment  or  part 
payment  for  goods  to  take  contract 
out    of    statute.     15-32;    1915D-348. 

Repurchase  or  resale  of  goods  sold, 
agreement  therefor  as  within  statute. 
16-783. 

Transfer  of  chattel  and  doing  of  work 
and  labor,  application  of  statute  of 
frauds  to  contract  involving.  19- 
1292;    1914C-584. 


386     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


rBAXJDS,   STATUTE  OF — Continued. 

Uniform   sales  act  requiring  written   con- 
tract,    construction.     1918D-412. 


6.    Promise    to    Answer    for    Debt,    etc., 
of  Another. 

Assumption  of  debt,  agreement  between 
parties  whereby  one  assumes  the 
other's  debt  as  within  statute.  18- 
391. 

Demand  for  payment  on  maker  of  prom- 
ise to  pay  debt  or  answer  for  de- 
fault of  another,  necessity  of.  21- 
545. 

Executor  or  ftdministrator,  construction 
of  provision  of  statute  of  frauds 
relating  to  promise  made  by.  1913C- 
396. 

•—will  contest,  parol  promise  of  executor 
to  pay  certain  sum  in  avoidance  as 
within   statute.     1914D-514. 

Guaranty,  validity  of  oral  guaranty  by 
transferrer  of  negotiable  instrument. 
2-506. 

Indemnity,  application  of  statute  to 
promise  to  indemnify.  6-671;  1912A- 
884;   1915A-867. 

Joint  promise  by  two  persons  for  benefit 
of  one  of  them,  application  of  statute. 
5-844. 

Original  or  collateral  nature  of  oral 
promise  within  statute  of  frauds  as 
question  of  law  or  fact.  9-895; 
1915B-257. 

'—intention  of  parties  as  determining 
whether  original  or  collateral.  1914A- 
490. 

Promise  to  pay  debt  of  another  out  of 
debtor's  property  as  within  statute. 
1912B-446. 

Purchase  price  of  property,  promise  made 
as  part  thereof  as  promise  to  pay 
debt  of  another  within  statute.  12- 
1101. 

Kelinquishment  of  lien  by  promisee  in 
consideration  of  promise  to  pay  debt 
of  another  as  within  statute.  1913D- 
319. 

Stockholder's  oral  promise  to  pay  debt 
of  corporation  as  within  statute. 
1912B-222;    1913D-851;    1917D-354. 


FRAUDS,   STATUTE  OF— Continued. 


6. 


Contract  not  to  be  Enforced   Within 
Year. 


Capability  of  performance  of  contract 
within  one  year  by  one  party  and 
so  performed,  validity  within  stat- 
ute,    13-916;    191oC-548. 

Contingency,  whether  contract  which  de- 
pends upon  contingency  for  per- 
formance within  one  year  is  within 
statute.     4-174;    1916E-1136. 

Contract  not  to  be  performed  within  one 
year  but  terminable  at  option  of 
parties.     17-207;   1912B-731. 

Lease  for  one  year  to  commence  in 
future,  validity  of  oral  lease  within 
statute.     5-829;    18-1078. 

Part  performance  of  contract  for  ser- 
vices void  under  ststute,  measure 
of  damages  of  recovery.    ^^63. 

Year's  employment  to  commence  in 
future,  validity  of  contract  within 
statute.     5-330. 


7.    Representations      as      to      Cbaracter. 
Credit,  etc. 

Construction  of  statute  requiring  repre- 
sentations concerning  character,  cred- 
it and  ability  of  another  to  be  in 
writing.     1-690;     12-332;     1914A-953. 

"Person"  as  used  in  statute  of  frauds  as 
including  private  corporation.  20- 
741. 


8.    Memorandum  Required   by   Statute. 

A.    In  Genebal. 

Abandonment  or  rescission  of  written 
contract  for  sale  of  goods,  necessity 
that   it   be   in   writing.     1918C-1215. 

Acceptance,  necessity  of  written  ac- 
ceptance of  written  offer  to  con- 
stitute suflBcient  memorandum  under 
statute.     1913A-1041. 

Auctioneer's  memorandum,  sufficiency  to 
satisfy  statute.  1912D-1069;  1915C- 
1079. 

Bids,  written  bid  to  do  public  work  as 
sufficient  evidence  of  contract  to 
satisfy  statute.     1912B-722. 

Delivery  of  memorandum  required  by 
statute,  necessity.     3-404;   1914C-267. 


FRAUDULENT  SALES  AND  CONVEYANCES. 


387 


I 


FRAUDS,   STATUTE  OF— Continued. 

Lost  memorandum,  parol  proof  of  con- 
tents.    1916E-173. 

Memorandum  not  mentioning  state  or 
political  division  in  which  land  sold 
lies,  suflSeiency  within  statute.  9- 
774. 

Parties  to  contract,  necessity  that  mem- 
orandum within  statute  show.  13- 
313. 

Promissory  note  memorandum  as  within 
statute.     1914D-74. 

Besolution  of  corporation  entered  and 
signed  by  officers  as  sufficient.  7- 
672. 

Several  writings  as  memorandum  within 
statute.  2-293;  6-191;  19-1162; 
1914C-1010. 

Terms  of  sale,  necessity  that  memoran- 
dum  within   statute   contain.     9-1060. 


B.      SlGNATtTRES. 

Agency,  necessity  that  agent  have  writ- 
ten authority  to  make  memorandum 
required  by  statute.  7-1101;  8-852; 
1912B-1295';   1917A-524. 

—sufficiency  of  signature  by  agent  to 
memorandum  for  sale  of  goods.  4- 
893;    6-298. 

One  party,  onh',  signing  memorandum  re- 
quired by  statute,  sufficiency  of  sig- 
nature. 3-1036;  7-671;  13-1121; 
1912C-416. 

Printed  signature  to  memorandum,  suffi- 
ciency within  statute.  1913B-663; 
1918B-1030. 

Undisclosed  principal,  memorandum  of 
sale  of  lands  disclosing  that  it  is 
signed  by  one  party  for  undisclosed 
principal,  sufficiency  within  statute. 
12-487. 

C.    Consideration. 

Contract  to  answer  for  debt  of  another, 
statement  of  consideration  in  mem- 
orandum.    1913B-986. 

Necessity  for  statement  of  consideration 
in  contract  within  statute  other  than 
contract  to  answer  for  the  debt  of 
another.     3-656;    1918A-134. 

Eecital  "for  value  received"  as  sufficient 
statement  of  consideration  within 
statute.     1912A-1242. 


FRAUDULENT  SALES 
AND  CONVEYANCES. 

1.  In    General. 

2.  WhAt    are    Fraudulent. 

3.  Who  may  Avoid. 

4.  Actions. 

5.  Sales  in  Bulk  Acts. 

See  Fraud. 

1.    In  General. 

Antenuptial  conveyances  in  fraud  of 
marital  rights.  1-860;  13-104; 
1914r)-293. 

— marriage  as  consideration  for  convey- 
ance, validity  of  conveyance  as 
against  creditors  of  grantor.     21-473. 

Attachment,  fraudulent  sale  or  convey- 
ance   as   ground   for.     5-618. 

— sale  of  property  without  delivery  or 
change  of  possession  as  ground  for 
attachment.     1914D-1094. 

Bankruptcy,  creditor's  right  to  set  aside 
fraudulent  transfer  by  bankrupt. 
11-932. 

— discharge  in  bankruptcy  as  affecting 
right  of  trustee  to  recover  property 
fraudulently    transferred.     1912B-250. 

— mortgage  with  intent  to  defraud  as 
affected  by  bankruptcy.     1913E-853. 

" — partnership  property  applied  to  pay- 
ment of  debt  of  individual  partner 
as  voidable  transfer  under  Bank- 
ruptcy  Act.     15-65. 

— setting  aside  fraudulent  conveyance  by 
bankrupt,  right  of  trustee  before 
reduction  of  creditors'  claims  to  judg- 
ment.    5-804. 

— value  of  property  fraudulently  trans- 
ferred as  affecting  insolvency  within 
bankruptcy  law.     11-450. 

Color  of  title,  fraudulent  deed  as.  1915D- 
137. 

Composition  agreement  with  creditors, 
effect    of    fraud    thereon.     1914A-836. 

Corporations,  insolvent  corporation,  right 
to  prefer   creditors.     15-1218. 

Dower,  conveyance  set  aside  as  in  fraud 
of  creditors,  right  of  wife  joining 
therein  to  dower.     15-446. 

— lands  aliened  by  husband  in  fraud 
of  creditors  before  marriage,  right 
of  wife  to  dower  therein.  1913A- 
631. 


388     INDEX  TO  THE  NOTES,  1  ANN.  OAS.  TO  ANN.  CAS.  1918B. 


FEAUDUIiENT  SALES  AND  CONVEY- 
ANCES— Continued. 

Entirety,  estate  created  by  fraudulent 
conveyance  as  subject  to  claims  of 
creditors  of  one  spouse.     12-54. 

Homestead,  validity  of  conveyance  as 
against  creditors.  1917C-994,  1012, 
1014,  1016. 

Husband  and  wife,  claims  of  creditors  of 
one  spouse  as  affected  by  title  fraud- 
ulently taken  in  name  of  both.  12- 
54. 

— estoppel  of  wife  who  permits  husband 
to  retain'  record  title  to  her  realty 
to  deny  such  title  against  one  ex- 
tending  credit   to   him.     1914C-1066. 

— ^purchase  by  husband  in  name  of  wife 
with  intent  to  defraud  creditors. 
1915C-1091;    1917B-225. 

— transfers  between  spouses  required  to 
be  in  writing,  construction  of  stat- 
ute.    1914B-394. 

Rents  and  profits,  liability  of  grantee  in 
fraudulent     conveyance.     1914A-1008, 

Specific  performance  of  agreement  to 
reconvey  property  fraudulently  con- 
veyed.    3-942. 

2.    What   are  Fraudulent. 

Accounts,  liability  on  running  account  as 
existing  or  prior  debt  within  rule 
as  to  fraudulent  conveyances.  1913C- 
1376. 

Assignment  for  benefit  of  creditors, 
reservation  of  balance  or  surplus  as 
rendering  transaction  fraudulent. 
1912D-500. 

Change  of  possession,  necessity  where 
joint  owner  sells  interest  in  prop- 
erty in  possession  of  other  owner. 
1912B-460. 

— retention  of  vendor  in  employ  of 
vendee  as  affecting  change  of  pos- 
session within  rule  as  to  fraudulent 
conveyances.     1912A-608. 

Choses  in  action,  applicability  of  statute 
against  fraudulent  conveyances.  5- 
370. 

Contingent  claim  of  creditor,  validity  of 
conveyance     as     against.     1914D-764. 

Corporations,  stockholder's  right  to  sue 
to  set  aside  fraudulent  sale  or  con- 
veyance.    1912D-1100. 

Insurance  proceeds  on  property  con- 
veyed in  fraud  of  creditors,  right 
to.     1917E-291. 


FRAUDULENT  SALES  AND  CONVEY- 
ANCES— Continued. 

— transfer  of  policy  on  debtor's  life  as 
in    fraud    of    creditors.     1912B-896. 

Limitation  of  actions  against,  running 
of    statute.     4^1098. 

Eecording  acts,  delay  in  recording  deed 
as  constituting  fraud  on  creditors  of 
grantor.     1918A-1054. 

Transfer  to  creditor  in  payment  of  or 
as  security  for  sum  greater  than  is 
actually  due  as  rendering  transaction 
fraudulent.     1918E-713. 

Voluntary  conveyances,  validity  as 
against  subsequent  creditors.  1914A- 
601^ 

3.    Who  may  Avoid. 

Ejectment  to  recover  possession,  right 
of  purchaser  at  execution  sale  of 
land  conveyed  in  fraud  of  creditors. 
1914C-975. 

Mortgagee  as  creditor  entitled  to  attack 
conveyance  of  same  or  other  prop- 
erty by  mortgagee.     1917C-953. 

"Others"  or  "other  persons,"  who  is  in- 
cluded within  term  in  statute  against 
fraudulent  conveyances.      1912A-1156. 

Personal  representative  of  grantor,  right 
to  set  aside  conveyance  as  fraud- 
ulent against  creditors.  18-37; 
1915B-212. 

Eeduction  of  creditor's  claim  to  judg- 
ment before  suing  to  set  aside,  ex- 
ceptions   to    rule    requiring.     1-629. 

Surety  of  principal  making  fraudulent 
conveyance  as  creditor  from  incep- 
tion  of   suretyship.     1912B-625. 

4.    Actions. 

Creditor's  bill  to  reach  property  fraud- 
ulently   conveyed.     1914B-948. 

Declarations  of  grantor  or  vendor  in 
possession  as  to  fraudulent  convey- 
ance   or    sale.     3-787. 

Equity,  recovery  of  property  converted 
in  fraud  of  creditors,  whether  equity 
will   aid   grantor.     1913E~o41. 

Eealty  situate  in  another  state,  jurisdic- 
tion to  set  aside  fraudulent  convey- 
ance.    5-533. 

Venue  of  action  to  set  aside  transfer  of 
realty  as  in  fraud  of  creditors. 
1913b-663. 


FREE  DELIVERY  LIMITS— FREIGHT  TRAINS. 


389 


FEAUDULENT  SALES  AND  CONVEY- 
ANCES— Continued. 

5.    Sales   in   Etilk   Acts. 

Chattel  mortgage,  execution  as  violation 
of   Sales  in    Bulk   Act.     12-345. 

Conditional  sale  of  goods  to  retailer  for 
purpose  of  resale,  effect  of  bulk  sales 
act  upon  rights  of  one  purchasing 
articles    from    vendee.     1916A-91. 

Constitutionality  of  statutes  prohibiting 
sales  of  merchandise  in  bulk.  1-557; 
3-274;  6-973;  8-457;  9-234,  252;  14- 
437;  1912C-706;  1914C-713;  1915C- 
414;  1917B-275;  1917C-930;  19I8A- 
271. 

Construction  of  statutory  provision  that 
sales  of  goods  in  bulk  shall  be  pre- 
sumed fraudulent  and  void.  1913C- 
1214;   1915D-79. 

Conveyance  to  creditor  in  payment  of 
debt  as  sale  under  statute  prohibit- 
ing sales  of  merchandise  in  bulk. 
9-332. 

"Goods,  wares  and  merchandise,"  mean- 
ing within  statutes  regulating  sales 
in    bulk.     5-800;    8-1068. 

Part  interest  in  business  sold  to  partner 
or  for  creation  of  partnership  as 
within    bulk    sales    law.     1914B-1105. 

Remedies  of  creditor  for  violation  of 
bulk  sales  law.     1916C-928. 


FREE  DELIVERY  LIMITS. 

Eights    and    liabilities    of    telegraph    com- 
pany with  respect  to.     1912B-596. 


FREEDOM  OF  SPEECH. 

Constitutional     liberty     of     speech     and 
press.     15-3;     1915B-1183. 


FREEHOLDERS. 

Bona  fide  freeholder  within  intoxicating 
liquor  statute,  person  who  becomes 
qualified  freeholder  for  sole  purpose 
of  petitioning  or  consenting  to  is- 
suance of  license  as  constituting. 
16-276. 

Who     is     "freeholder."     19I3D-327. 


I 


TREE  PASSENGERS. 
See  Carriers  of  Passengers. 


FREE  PRESS. 

Constitutional     liberty     of     press.     15-3; 
1915B-1183. 


FREEZING. 

Property  lost  by  freezing  due  to  inad- 
equate water  supply,  liability  of 
water  company  to  consumer.  20- 
1296. 


FREIGHT. 

Charges,  necessity  of  payment  where 
damages  equal  or  exceed  amount  of 
freight.     1912D-277. 

— nonpayment  by  consignee  as  affecting 
right  to  goods  where  damages  equal 
or  exceed  amount  of  freight.  9-794; 
1912D-277. 

^overcharge  in  interstate  shipment,  jur- 
isdiction of  state  court  of  action  to 
recover.     1913D-272. 

—reasonableness  of  rates,  matters  to  be 
considered   on  issue.     1916A-8. 

Delay  in  handling  as  excused  by  unusual 
and  excessive  amount.  11-274; 
1913D-967. 

Delivery,  prepayment  on  goods  shipped  as 
affecting  question  of  delivery  to  pur- 
chaser.    20-1037,     1039;     1916A-1049. 

Ships  and  shipping,  loss  of  vessel  by 
collision  as  entitling  owner  to  re- 
cover freight  in  act  of  earning.  6- 
132. 


FREIGHT-CAR. 

Out-building  or  outhouse,  freight-car  used 
as  warehouse  as  within  meaning  of 
term.     1912D-1193. 


FREIGHT  DUE. 

Legal  meaning  of  term.     1918E-789. 

FREIGHTING. 

Bailroad     company's     power     to     conduct 
business   of   freighting   goods.     4-911. 

FREIGHT  TRAINS. 

Passengers,   duty    of   carrier   to    carry    on 
freight    trains.     5-43. 


390    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918Q. 


FEEIGHT  TRAINS— Continued. 

Wrongfully  riding  on  freight  train  by 
permission  or  direction  of  employee, 
liability  of  railroad  company.  9- 
540;    1913E-575. 


FRESH  AIR. 

Belation  of  employee  as  affected  by 
stopping  work  temporarily  to  obtain 
fresh  air.     1913C-947. 


FRESHETS. 

Duty  of  one  obstructing  natural  water- 
course to  anticipate  extraordinary 
freshets  or  floods.  8-777;  1918A- 
1114. 

Loss  of  goods  caused  by  flood,  burden 
of  proof  as  to  fault  of  carrier. 
1914D-1115. 


FRIENDS. 

Communication  based  on  friendship  as 
privileged  from  disclosure.  1916C- 
699. 

Contract  induced  by  threats  of  crim- 
inal prosecution  against  friend,  va- 
lidity and  effect.     1917C-1033. 

Killing  or  assaulting  friend  as  provoca- 
tion sufficient  to  reduce  homicide 
from  murder  to  manslaughter.  13- 
1085. 

Malicious  prosecution,  similar  act  com- 
mitted by  friend  as  probable  cause 
for  belief  in  person's  guilt.  1916A- 
1125. 

Physician  summoned  by  friend  as  im- 
plying agreement  of  latter  to  pay 
for    services.     19140-589. 


FRIGHT. 

Bodily  pain  and  suffering  resulting  frOvn. 
fright  without  actual  physical  vio- 
lence, right  to  recover  damages.  12- 
741;    1913E-505. 

Death  caused  by  fright  as  homicide. 
1912A-142. 

Discharge  of  firearms  to  frighten  persou 
as    assault.     1917D-617. 

Bog  barking  at  horse  or  other  animal, 
liability  of  owner  of  dog  for  in- 
juries   resulting.     1912D-996. 


FBIGHT — Continued. 

Fish  or  game  frightened  or  driven  away, 
from  one's  land  by  lawful  acts,  right 
of  action  for.     1913E-536. 

Horses,  contributory  negligence  of  driver 
at  railroad  crossing,  frightened  or  un- 
manageable  team    as   excuse.     16-954. 

— hand-car  operation  frightening  horse, 
liability  of  railroad  company.  1916E- 
324. 

— municipal  liabilitj'  for  frightening 
horse  by  stationary  obstruction  in 
street.     1913C-534. 

— personal  injuries  caused  by  train  or  cars 
frightening  horse,  liability  of  rail- 
road.    3-1070;    10-302;   19136-293. 

—use  of  person's  own  premises,  frighten- 
ing horse  on  adjacent  highway,  lia- 
bility  of  land   owner.     19120-461. 


FROGS. 

Duty    of    railroad  *to    block.     9-498;    14- 
'696;    1916E-642. 


FROM. 

Word  of  inclusion  or  exclusion  in  com- 
putation of  time  or  determination  of 
place.     15-27;  1918A-924. 


FRONT-FOOT  RULE. 

Corner  lot,  mode  of  assessing  for  public 
improvements  under  front-foot  rule. 
1915D-1077. 

Validity  of  special  assessment  levied  by 
front  foot  instead  of  according  to 
benefit.     1913A-655;    1918D-432. 


FROST  BITE. 

Injury  resulting  as  accident  arising 
out  of,  and  in  course  of,  employ- 
ment witljin  Workmen's  Compensa- 
tion Act.     19130-11;    1918B-780,   789. 


FRUIT. 

Crop  growing  on  trees   as  realty   or   per- 
sonalty.    19120-736. 

Diseased    fruit,    validity    of    statute    pro- 
viding   for    destruction.     1917E-220. 

Overhanging    trees,     rights     of     adjoining 
land  owners.     191SB-1168. 


FRUIT-STANDS— FURNACES. 


391 


FRUIT-STANDS. 

Burglary,  description  in  indictment,  suffi- 
ciency.    1913D-876. 

Nuisance,  fruit-stand  or  similar  structure 
on  public  highway  as  nuisance. 
1916D-7r3. 


FRUIT  TREES. 

Implied  warranty  on  sale  of  nursery 
stock.     1913E-93. 

Measure  of  damages  recoverable  by  ven- 
dor in  case  of  anticipatory  breach 
by  vendee  of  contract  for  sale  of 
nursery  stock,  trees  or  the  like  for 
future  delivery.     1913C-765. 


FUNDS. 

See  Public  Funds. 

Assignment  of  funds  in  bank  by  check. 
5-189. 

Legal    custody,    creditor's    bill    to    reach. 

1914B-937,   960. 
— interest    on    funds    deposited    in    court, 

right  to  recover.     1912B-1004. 

Mutual  insurance  company,  accumulation 
of  fund  for  special  purpose,  distribu- 
tion on  dissolution.     7-413. 

School  funds,  power  of  legislature  with 
respect   to   expenditure.     1917C-917. 

Trust  funds,  investment  in  private  cor- 
porate stock,  right  of  fiduciary.  16- 
69. 


FRUSTRATION  OF 
VOYAGE. 

Existence  of  war  causing  frustration  of 
voyage  as  constructive  total  loss 
within  marine  insurance  policy. 
1916D-S84. 


FUEL. 

Municipality,  power  to  engage  in  business 
of  furnishing  fuel  to  inhabitants. 
191&C-742;   1918E-663. 


FUGITIVE  FROM 
JUSTICE. 

Identity  of  fugitive,  burden  of  proof 
within    law    of    extradition.     20-546. 

Eeview  of  conviction  for  crime  as  af- 
fected by  escape  of  person  convicted. 
3-512;   13-497. 

Who  is  fugitive  within  purview  of  inter- 
state extradition  laws.  7-1076;  13- 
907;    1918D-1011. 


FULL  CREW  ACT. 

construction       of 


Validity       and 
1915B-162. 


act. 


FUNERAL  EXPENSES. 

Child,  liability  of  parent  for  burial  ex- 
penses.    1913E-929. 

Death  by  wrongful  act,  funeral  expenses 
as  element  of  damages.  6-201;  13- 
744. 

Executors  and  administrators,  recovery 
in  action  against  executor  or  admin- 
istrator in  representative  capacity, 
right   of.     1-773;    1915D-746. 

Husband's  liability  for  wife's  funeral  ex- 
penses.    1-172;    1917B-1164. 

Limitations  of  actions,  running  of  stat- 
ute on  claim  against  estate  for 
funeral    expenses.     19-791. 

Priority  in  payment  over  judgment 
against    decedent.     1912A-778. 

Tombstone  or  monument  as  part  of 
funeral    expenses.     1917B-256. 

Wife's  liability  for  husband's  funeral  ex- 
penses.    18-856. 


FUNERALS. 

Liability  for  refusal  to  permit  person 
to  attend  relative's  funeral.  1914A- 
1248. 

Negligence  of  telegraph  company  pre- 
venting addressee  from  attending 
funeral,    liability.     1913B-246. 


FULL  FAITH  AND  FURNACES. 

KjKiiilJlL.  pjjQ     caused     by    furnace,    liability    for. 

Provision    of    federal    constitution    as    ap-  1917C-771. 

plicable    to    state    courts    of    inferior  Bealty    or    personalty,    furnace    as    consti- 

jurisdiction.     21-1153.  tuting.     2-375. 


392    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  GAS.  1918E. 


FURNISH. 

Meaning  of  furnish,  furnished  or  furnish- 
ing.     1913A-1232. 


FUTURE  ADVANCES. 

Fraudulent  conveyances,  excess  transfer 
to  cover  future  advances  as  consti- 
tuting.    19181^-721. 

Mortgage  securing  future  advances,  va- 
lidity as  against  assignee  in  bank- 
ruptcy.    1913E-852. 

— validity  and  construction  of  mortgage 
to  secure  future  advances.  1913C- 
552. 


rUTUEE  DELIVEE.T— Continued. 

livery   where   one  party   only  intends 
delivery.     11-440. 

Sale    by    sample    for    future    delivery    as 
peddling.     2-830;   1917D-686. 


FUTURE  EARNINGS. 

Assignability  of  wages.    See  Assignments. 

FUTURE  ESTATES. 

Succession  taxes,  time  for  taxing.     5-237; 
1916D-309. 


FUTURE  CONSEQUENCES. 

Personal  injuries,  admissibility  of  opinion 
evidence  as  to  future  consequences. 
21-326. 


FUTURE  PAIN. 

Eight  to  recover  for  future  pain  and 
suffering  in  action  for  personal  in- 
jury.    9-1051. 


FUTURE  DELIVERY. 

Gambling   contract,   illegality   of   contract 
for   sale   of   property   for   future   de- 


FUTURES. 

Contract  of  buying  and  selling  futures 
as  subject  of  interstate  commerce. 
14-1031. 


G 


GAMBLING. 

See  Gaming. 

GAME. 

See  Fish  and  Game. 

as    used    in    game 


Meaning    of    "game 
laws.     20-621. 


GAMES. 

Injunction,  right  to  enjoin  owner  of 
vacant  lots  from  permitting  their 
use  for  playing  games.     14-177. 

Sunday  laws  as  applicable  to  amusements 
or  exhibitions.  16-406;  21-681; 
1914C-782. 

— -baseball  playing  on  Sunday  as  nuisance. 
18-1095. 

Trademark  or  trade  name  as  infringed 
by    similar   name.     1915B-34S. 


GAME  WARDEN. 


Carrying    concealed    weapons,    exemption 
from   statute   against.     1914A-256. 


GAMING. 

1.  In  General. 

2.  Lotteries. 

3.  Right   of  Recovery. 

4.  Gambling  Contracts. 

1.    In  General. 

Apparatus  for  gambling,  sale  by  use  of 
mails  as  scheme  to  defraud  within 
postal  laws.     1914D-1248. 

Bank  notes  as  money  within  gaming  stat- 
utes.    4-630. 

Betting  on  elections,  general  statutory 
provisions  as  applicable  to  primary 
elections.     16-252. 


GAMING. 


393 


GAMING — Continued. 

Billiard  or  pool  table,  keeping  as  subject 
of  exercise  of  police  power.  11-66; 
1913D-1052. 

"Bookmaking,"  what  constitutes  within 
statute  against  gaming  or  gambling. 
17-1084. 

Bucket  shops  or  transactions  therein, 
statutes  relating  to  gaming  as  ap- 
plicable.    17-709. 

Card-playing  at  private  house  as  within, 
statute    against    gaming.     1913C-539. 

Carriers  of  passengers,  gambling  on  train 
as  ground  for  ejecting  passenger. 
8-222, 

Common  gambler,  who   is.     1913A-773. 

Cruel  and  unusual  punishment  for  gam- 
ing.    19-730. 

Fair  grounds,  power  of  state  to  suppress 
gambling   on.     1914D-365. 

Horse-racing,  betting  on  as  gaming  or 
gambling.     6-693;    11-280. 

— validity  of  statute  licensing  or  regu- 
lating.    8-1016. 

Leased  premises,  use  for  gambling  as  for- 
feiting tenant's  rights  under  lease. 
1913C-1355. 

License  tax,  imposition  as  legalizing 
gaming.     4-575. 

"Outhouse  where  people  resort,"  meaning 
within   gaming   statute.     1912D-1196. 

"Place,"  as  used  in  statute  against  gam- 
ing or  betting,  construction  of  word. 
7-240. 

Playing  game  for  price  thereof  as  gam- 
ing.    2-618. 

Poolrooms,  regulation  and  suppression  as 
exercise  of  police  power.     2-71. 

Pools,  what  constitutes  buying  or  sell- 
ing pools  within  statute  against  gam- 
ing.    1916B-100;  1918A-179. 

Eetaking  money  lost  at  gaming  as  rob- 
bery.    21-1139. 

Seizure  and  destruction  of  gambling  ap- 
paratus, validity  of  statutes  au- 
thorizing.    2-936;    13-454. 

Slot  machine  as  within  statute  against 
gaming  or  gambling.  20-131;  191oC- 
173. 

Social  club,  applicability  of  statute 
against  gambling,     1912A-995. 


GAMING — Continued. 

Statute  relating  to  gaming,  effect  of 
partial  invalidity.     1916D-46. 

Sunday  laws,  private  gajnes  of  chance 
as  within  prohibition.  16-409;  21- 
683. 

Telegraph  company,  refusal  to  furnish 
stock  quotations  for  gambling  pur- 
poses, right  to  equitable  relief.     6-887. 

Witnesses,  gaming  as  crime  for  convic- 
tion of  which  witness  may  be  im- 
peached.    1916A-276. 


2.    Lotteries. 

Advertisement  of  lottery  or  similar  en- 
terprise, statutes  prohibiting.  1916A- 
907. 

— ^liberty  of  speech  and  press  guaranty 
as  invaded  by  prohibiting  advertis- 
ing of  lottery.     15-8. 

Chance  as  essential  element  of  lottery. 
1-168;   12-136. 

Cruel  and  unusual  punishment  for  sale 
of  lottery  tickets,  what  constitutes. 
1918B-400. 

Guessing  contest  or  competition  as  lot- 
tery.    12-321, 

Insurance  policy  on  lottery  ticket,  va- 
lidity.    15-541. 

Land,  distribution  of  parcels  of  land  by 
chance  as  lottery.     18-568. 

Lottery,  what  constitutes.  1-91;  1917D- 
144, 

Tailor's  club  for  distributing  clothes  as 
lottery.     5-837;    16-846. 

Voting  contest  as  lottery.     1915B-172. 


3.    Eight  of  Eecovery. 

Article  used  for  gambling  purposes,  loss 
or  injury,  right  to  recover  for. 
1914D-633. 

Joint  liability  to  loser  of  persons  win- 
ning bet.     8-189, 

License  tax  imposed  on  gaming  operation 
or  device  as  affecting  right  of  re- 
covery of  money  won  from  plaintiff, 
4-576. 

Money  placed  in  another's  hands  for 
gambling  purposes  but  not  so  used, 
right  of  person  advancing  to  recover. 
1914D-48. 


394    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


GAMING— Continued. 

Eccovery  of  money  lost  in  gaming,  from 
whom  may  be  had.     1918E-138. 

Setoff  of  prior  winnings  in  action  to  re- 
cover money  lost  at  gambling. 
1918C-771. 

Wife's  right  to  recover  money  lost  by 
husband  in   gambling.     1914C-1081. 


GARAGES — Continued. 

■ — negligence  of  employee  driving  bailor's 
car,  liability  for  injuries  caused. 
1916A-6C6. 

Lien  of  garage-keeper  for  repair  or 
storage  of  machine.     1916A-630. 

Municipal  regulation  of  garages.  19150- 
186. 


4.    Gambling  Contracts. 

Commercial  paper  transferred  to  secure 
money  for  gambling  or  to  pay 
gambling   debt,   validity.     21-628. 

Conflict  of  laws,  gambling  contracts  or 
agreements  collateral  thereto,  law 
governing    validity.     17-48. 

Contract  for  sale  of  property  for  future 
delivery  where  one  party  only  in- 
tends delivery,  illegality  as  gambling 
contract.     11-440. 

Equitable  relief  against  gambling  con- 
tracts.    1-154. 

Forbearance  to  sue  as  new  consideration 
permitting  recovery  of  gambling 
debt.     14-249. 

Margins,  other  transactions  between  or 
by  one  of  parties,  admissibility  of 
evidence  on  issue  whether  contract 
is  for  future  difference.     1914D-87. 

Parol  evidence  to  show  illegality  of 
gambling  contract,  admissibility.  16- 
389. 

GANGPLANK. 

Passenger  falling  off  gangplank,  liability 
of  carrier  by  water  for  injury  or 
death.     1917D-1042. 


GARAGES. 

Building  restriction,  construction  as  ap- 
plied to  use  of  premises  for  garage. 
1912D-480. 

— erection  of  building  less  than  certain 
distance  from  front  line  of  premises, 

restriction  as  applicable  to  garage. 
1914A-12. 

Fixtures,  building  erected  for  use  as 
garage,  right  to  remove  as  trade 
fixture.     1915D-265. 

Garage-keeper,  liability  for  safety  of 
automobile  intrusted  to  him.  1913E- 
835;    1915D-957. 


GARBAGE. 

Deposit  of  garbage  by  municipality  us 
constituting     nuisance.     1915A-139. 

Independent  contractor,  person  employed 
in  connection  with  garbage  collection 
as.     19-23;  1918C-656. 

Individual  depositing  garbage  on  own 
premises,  liability  as  for  nuisance. 
1915A-132. 

Removal  of  garbage,  validity  of  ordi- 
nances regulating.  4-281;  8-818;  19- 
1221;  1915C-487. 

Tort  committed  in  removal  of  garbage, 
liability  of  municipality.  1916C-242; 
1918D-834. 


GARDENS. 

Changing  meadow  into   garden  as  waste. 
1918D-545. 


GARNISHMENT. 

1.  In  General. 

2.  Property  Subject. 

3.  Persons  Subject. 

4.  Exemptions. 

5.  Actions. 

6.  Garnishment  Bonds. 

1.    In  General. 

Bankruptcy  of  principal  debtor  as  affect- 
ing rights  acquired  by  proceedings. 
18-382. 

Payment  of  judgment  by  garnishee,  effect 
on  liability  to  principal  defendant 
in   another  jurisdiction.     1918C-829. 

Priority  between  writ  of  garnishment  and 
check  as  to  funds  in  bank.     5-190. 

Process  of  garnishment  as  security. 
1914D-624. 

Kesidence  as  synonymous  with  domi- 
cile.    1915C-789. 


GARNISHMENT. 


395 


\ 


GARNISHMENT— Continued. 
2.    Property  Subject. 

Cars  of  foreign  railroad,  liability  to. 
2-349;    9-440;   11-910. 

Corporate  stock,  garnishment  by  summon- 
ing corporation.     14-264. 

Debt  due  to  principal  defendant  and  an- 
other,   garnishment    of.     3-803. 

Goods  in  hands  of  carrier  as  subject  to 
garnishment  or  trustee  process. 
1913A-1321;    1914D-81. 

Indebtedness  recoverable  by  defendant 
only  after  demand  as  subject  to  gar- 
nishment.    1914C-465. 

Money  standing  in  name  of  debtor  but 
belonging  to  third  person  as  reach- 
able  in   proceedings.     1917C-1145. 

Safe  deposit  box,  property  in,  as  subject 
to.     1914A-968. 

Salaries,  fees,  etc.,  of  public  officers  or 
employees  as  subject.     17-525. 

Situs  of  debt  for  purpose  of  garnishment. 
1913D-803. 


3.    Persons  Subject. 

Bankruptcy,  garnishment  of  funds  held 
by  trustee.     13-810. 

Counties,  liability  to  garnishment.     3-180. 

Executors  and  administrators,  garnishment 
of  funds  held  by.     2-921. 

Guardian,  garnishment  of  funds  held  by. 
13-500. 

Municipal  corporation  as  included  under 
terra  "corporation"  in  statute.  1913B- 
746. 

Nonresident,  liability  of  individual  non- 
resident.    3-1088. 

Plaintiff  garnishee  in  his  own  action, 
right  to  make  himself.     1914A-726. 

Receivers,  property  in  hands  of.     15-131. 

School  district  as  subject  to.     1^-510. 


4.    Exemptions. 

Exemption  of  money  "due"  or  "to  be 
paid"  as  applicable  to  money  after 
payment.     7-755. 


GARNISHMENT— Continued. 

Foreign  garnishment,  duty  of  garnishee 
to  set  up  exemption  rights  of  debtor 
under  law  of  latter's  domicile.  5- 
171. 

Nonresident,  right  to  claim  exemption  in 
absence  of  express  restriction  in  stat- 
ute.    10-500. 

Principal  debtor,  duty  and  liability  of 
garnishee  in  regard  to  former's  ex- 
emption rights.     5-169. 


5.    Actions. 

Appeal  in  principal  action  as  bringing 
garnishment  proceeding  up  for  re- 
view.    1918A-516. 

Appearance,  effect  of  general  appearance 
by   garnishee.     21-1130. 

Injunction  to  restrain  proceedings.  12- 
335. 

Judgment  debtor,  liability  in  jurisdiction 
other  than  that  in  which  payment 
is    rendered.     1914A-957. 

Jurisdiction  as  dependent  upon  amount 
in  controversy  in  principal  action. 
3-660. 

Lien  created  by  prosecution  of  garnish- 
ment proceedings.     18-382. 

Pendency  of  garnishment  proceedings, 
effect  on  subsequent  action  against 
garnishee  by  principal  defendant. 
9-478;    1916B-365. 

Satisfaction  of  judgment  in  principal 
case,  effect  upon  garnishment  pro- 
ceeding.    6-752. 

Setoff  by  garnishee,  claims  maturing  after 
service  of  garnishment  as  subject  to. 
18-214. 

—necessity  that  garnishee  specially  plead 
defense  of  setoff.     13-706, 

Venue,  right  of  garnishee  to  change. 
5-777. 


6.     Garnishment  Bonds. 

Discharge  of  surety  on  bond  by  discharge 
of  principal   in  bankruptcy.     15-958. 

Judgment  against  principal  as  evidence 
against  surety  on  claim  bond  given 
to    release    garnishment.     1915D-410. 


396     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918B. 


aAS  AND  GAS  COM- 
PANIES. 

1.  In  General 

2.  Gasworks,  Construction  and  Operation. 

3.  Bates. 

4.  Liabilities   of   Gas   Company. 

5.  Natural  Gas. 

1.    In  General. 

Accident  insurance,  death  or  injury  from 
inhalation  of  gas  as  within  policy. 
1-255;  6-554. 

Independent  contractors,  persons  engaged 
in  construction  work  for  gas  com- 
pany as.     19-23;   1918C-656. 

Larceny  of  gas.     6-739. 

— asportation  or  carrying  away  of  gas, 
what  constitutes  within  law  of  lar- 
ceny.    21-858. 

^  Pipes,  interfering  with  in  making  public 
improvements,  rights  against  munici- 
pality.    6-390. 

Public  lands  occupied  for  gas  exploration, 
withdrawal  from  settlement.  1918C- 
1009. 

2.    Gasworks,  Construction  and  Operation. 

Extension  of  mains,  judicial  review  of 
order  of  public  service  commission. 
1916E-1044. 

Individual's  right  to  engage  in  business 
of  manufacturing  and  selling  gas. 
1914C-938. 

Lamps  or  other  fixtures  to  be  furnished 
consumers  free  of  charge,  validity 
of  statute  or  ordinance  requiring. 
1913A-62. 

Landlord  and  tenant,  light  furnished  to 
tenant,  validity  of  statute  or  ordi- 
nance making  owner  of  premises 
liable.     7-1017;    11-241. 

Municipal  corporation,  power  to  construct 
or  purchase  lighting  plant.  1916B- 
523. 

Nuisance,  gasworks  as  nuisance.     21-1249; 

191oD-779. 
' — storage     of     gas     as     nuisance.     1916C- 

821. 

Owner  of  premises,  liability  for  light 
furnished  former  owner,  validity  of 
statute  or  ordinance  imposing.  7- 
1017;   11-241. 


GAS  AND  GAS  COMPANIES— Continued. 

Plant  or  accessories  as  fixtures.  1917B- 
183. 

Quasi-public  corporation,  gas  company  as. 
18-1065. 

Hules  and  regulations  of  gas  company, 
reasonableness  as  question  of  law  or 
fact.     3-715. 

Storage  of  ga-s  within  municipal  limits, 
validity  of  ordinance  regulating. 
1918E-150. 

— injunction  against  storage  or  keeping 
of  gas.     14-595. 

Taxation,    exemption    of    gas    company    as 

"manufacturer."     10-668. 
— mains,    conduits,    etc.,    situate    in    more 

than  one  taxing  district.     18-717. 


3.     Sates. 

Advance    charges    for    service,    right    to 
require    payment.     1914D-119. 

Constitutionality     of     statutes     regulating 
rates.     1-433. 

Minimum     charge    for    service,    right    to 
make.     1914D-456. 

State  or  municipal  regulation  of  gas  rates. 
11-748;  15-1042;  1917B-1026. 


4.     Liabilities  of  Gas  Company. 

Escape  of  gas  from  pipes,  liability  of  gas 
company  for  injury  caused.  1914C- 
344;  1916E-277. 

Explosion  of  gas  escaping  from  pipes,  lia- 
bility of  gas  company  for  injury 
caused.     19140-367. 

Negligence  on  part  of  gas  company,  what 
constitutes.     1-66. 

Wrongful  failure  to  furnish  gas  to  con- 
sumer, liability  of  gas  company. 
1915B-95. 


5.    Natural  Gas. 

Lease  of  natural  gas  lands,  covenants  for 
diligent  prosecution  of  work.  2-446; 
20^1165;  1917E-1120. 

— "domestic  purposes,"  meaning  of  phrase 
in    gas    lease.     1914D-563. 

— executor's  power  to  make  gas  lease. 
1-406. 

Natural  gas  as  mineral.  20-937;  1913B- 
1214. 


GASOLINE— GIFTS. 


397 


GAS  AND  GAS  COMPANIES— Continued. 

Statutes  relating  to  natural  gas,  effect  of 
partial  invalidity.     1916D-70. 

Waste  of  natural  gas,  constitutionality  of 
legislation  to  prevent.  4-213;  16- 
1001;   1912C-165. 

<— ^ight  of  land  owner  to  waste  gas  to 
injury  of  neighbor.    4-357. 


GASOLINE. 

Keeping  within  municipal  limits,  validity 
of    ordinance    regulating.     1918E'-145. 

Storage   as  nuisance.     16-821;    1916C-820. 

■ — injunction    against   storage   or   keeping. 
14-595. 

Use     for     kindling     fire     as     negligence, 
1912A-630. 


GAS  RANGES. 

Realty  or  personalty.     2-376. 


GENERAL  REVENUE. 

Legal  meaning  of  term.     1918B-207. 

GEOGRAPHICAL  FACTS. 

Judicial  notice  of.     12-927. 

GEOGRAPHICAL  NAMES. 

Use  as  unfair  competition.     10-71;  1915A- 
543. 

GERMINATING  POWER. 

Seed,  express  or  implied  warranty  on  sale. 
1918B-72. 

GIFTS. 

1.  In  General 

2.  Gifts  Inter  Vivos. 

3.  Gifts  Causa  Mortis. 

See    Charities;    Wills 


I 


GATES. 

Opening  outward  in  street,  liability  for 
injuries    caused.     1916E-458. 

Bailroad  crossing,  existence  of  gate  as 
excusing  traveler  from  duty  to  look 
and  listen.     7-801;   1914-704. 

— ^injuries  caused  by  gate,  liability  of 
railroad.     1913B-800. 

— maintenance  of  gate  at  Crossing,  duty 
of  railroad   company.     3-449. 

— power  of  municipality  to  require  rail- 
road company  to  maintain  gates.  5- 
301. 

Servient  owner's  right  to  erect  or  maintain 
gates  at  ends  of  way  acquired  by 
prescription.     1914D-770. 


GENERAL  APPEARANCE. 

See  Appearance. 

GENERAL  DENIAL. 
See    Pleading. 

GENERAL  REPUTATION. 
See  Beputation. 


1.    In  General. 

Child  given  to  another,  right  of  parent  or 
guardian  to  reclaim.     6-939. 

Debt  of  donee,  what  constitutes  good  gift. 
1915A-18. 

Imperfect  or  incomplete,  enforcement  as 
trust.     16-373. 

Infants,  validity  of  gift  by.     21-973. 

Inheritance  tax,  liability  of  transfer  made 
before  death.     14-109;  1915B-1089. 

Intoxicating  liquors,  constitutionality  of 
statute  prohibiting  giving  awa^  of 
liquors.     13-736. 

— gift  of  liquor  to  minor  as  within  statu- 
tory prohibition  against  furnishing 
liquor.     4-1063. 

—prohibition  against  giving  away  liquor 
as  applicable  to  agent  or  messenger  of 
purchaser.     1912C-633. 

Invalidity  of  gift,  right  to  show  under 
general  denial  in  replevin.     20-300. 

Joint  deposit  in  bank  as  constituting  gift. 
1916D-520. 

Life  insurance  policy  as  subject  of  gift. 
3911D-297. 


398    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918Ev 


GIFTS — Continued. 

Married  woman  to  person  other  than  hus- 
band, validity  of  gift  of  personalty. 
4-586;    1914C-884. 

Mortmain  statute,  gift  in  violation  as  void 
or  voidable.     10-1030. 

Oral  promise  to  donate  money  to  charity, 
validity  and.  enforceability.  1914D- 
138. 

Parol  gift  of  land,  evidence  sufficient  to 
establish.     12-494;   21-289. 

Property  given  in  contemplation  of  mar- 
riage, right  to  return  on  breach  of 
contract.     19-538. 

Stock  certificate,  delivery  without  indorse- 
ment or  registration  as  valid  gift. 
1912C-1235. 

— validity  of  gift  not  in  writing.     6-482. 

Sunday,  validity  of  gift  made  on  Sunday. 
1917A-424. 


GIFTS — Continued, 

Unincorporated    association,     validity     of 
gift  inter  vivos  to.     1912A-689. 


3.    Gifts  Causa  Mortis. 

Check,  gift  as  valid  gift  causa  mortis. 
10-475. 

Delivery  of  key  of  box  or  other  receptacle 
containing  property  as  sufficient  de- 
livery to  support  gift  causa  mortis. 
1914A-529. 

Gift  causa  mortis  by  delivery  to  third 
person.     2-1003. 

Law  governing  validity  of  gift  causa 
mortis.     1912C-272. 


GIFT  TO  CLASS. 

What    constitutes    testamentary     gift     to 
class.     21-415. 


2.    Gifts  Inter  Vivos. 

Check  as  valid  gift  inter  vivos.  1912  A- 
330. 

Completed  gift  inter  vivos  by  parent  to 
child,  revocability.     6-432. 

Conditional  gift  inter  vivos,  revocability. 
1915D-695. 

Conveyance  inter  vivos  by  parent  to  child, 
presumption  and  burden  of  proof  of 
undue  influence.  17-989;  1915D-711; 
1918B-457. 

Deposit  of  money  in  bank  to  credit  of 
another  as  complete  execution  of  gift 
inter  vivos.     3-865;  1917E-367. 

Donor's  own  note  as  subject  of  gift  inter 
vivos.     1914C-1139. 

Feeble-minded  person,  gift  inter  vivos  to. 
1913B-1016. 

Legacy  as  satisfaction  of  gift  inter  vivos, 
admissibility  of  parol  evidence  to 
determine.     1915B-59;    1915A-926. 

Married  woman  to  person  other  than  hus- 
band, validity.     4-586;   1914C-884. 

Mortgage,  validity  of  gift  inter  vivos  of 
mortgage  without  writing.  1916C- 
814. 

Possession  by  donee  after  donor's  death  as 
evidence  of  gift  inter  vivos.  1913B- 
563. 

Principal's  gift  inter  vivos  to  agent, 
validity.     15-1133. 


Gin  as  food. 


GrJN.. 

1913E-1293. 


GIN-HOUSE. 

Burglary,  sufficiency  of  indictment  with 
respect  to  description  of  gin-house, 
1913D-874. 

GIRL. 

Inclusion  in  term  "woman."     10-958, 


GOING  TO  WORK. 

Federal  Employers'  Liability'  Act  as  pro- 
tecting railroad  employees  on  way  to 
work.     1918B-66,   70. 

"Workmen's  Compensation  Act  as  covering 
injury  received  on  way  to  work  as 
accident  in  course  of  employment, 
1913C-21;  1916B-1312;  1918B-814; 
1918D-683. 


GOOD  FAITH. 

Attorneys,  assignment  or  conveyance  by 
client  to  attorney,  burden  of  proof  as 
to  good  faith.     18-123. 

Breach  of  injunction,  good  faith  of  person 
enjoined  as  defense  to  liability. 
19130-375. 


GOOD  HEALTH— GOVERNMENT. 


399 


GOOD  FAITH— Continued. 

Composition  with,  creditors,  good  faith  in- 
cumbent on  parties.     1914A-843. 

Druggist,  good  faith  in  making  sale  of 
liquor  as  affecting  legality  of  sale. 
1912D-1345. 

Evidence,  direct  testimony  of  party  as  ad- 
missible  to   show.     12-8;    1912D-1045. 

— weight  of  uncontradicted  testimony. 
12-246. 

Fairness  of  transaction,  burden  of  proving. 
1912A-704. 

False  imprisonment,  evidence  of  good  faith 
admissible  in  mitigation  of  damages. 
1914A-1018. 

Malicious  prosecution,  good  faith  as  ele- 
ment of  defense  in  action  for.     1-933. 

Partners,  duty  to  observe  good  faith  to- 
wards each  othei-  as  applicable  to  sale 
of  partnership  interest  by  one  to 
other.      1912D-1245. 

Public  officer,  good  faith  in  committing 
wrongful  act  as  affecting  right  of  re- 
moval therefor.     1913B-400. 

Savings  bank  officers,  good  faith  as  affect- 
ing liability  for  mismanagement. 
1913B-428. 


GOOD  HEALTH. 

Life  insurance,  burden  of  proof  of  good 
health  of  insured  at  time  of  delivery 
of  policy  where  insurance  contract  so 
requires.     17-238. 

— construction  of  representation  that  per- 
son applying  for  reinstatement  of 
insurance  is  "in  good  health."  1918D- 
1005. 


GOODS,  WARES  AND 
MERCHANDISE. 

Chattel  mortgage,  sufficiency  of  descrip- 
tion of  stock  of  goods.     1915D-783. 

Hawking  or  peddling  by  others  than  pro- 
ducers of  goods  sold,  validity  of  stat- 
ute or  ordinance  prohibiting.  16- 
1030. 

Lien  for  private  storage,  right  to.  1913D- 
1300. 

Sales  in  Bulk  Acts,  meaning  of  term 
"goods,  wares  and  merchandise." 
5-800. 


GOODS,  WARES  AND  MERCHANDISE— 

Continued. 

Ships  aa  merchandise.     11-681. 

Store   fixtures   as  not   within   term   'fmer- 
chandise."     8-1068. 

Sunday  sale  prohibited,  what  come  within 
purview  of  statute.    13-856. 


GOODWILL. 

Creditor's  bill,  goodwill  of  business  as 
reachable  by.     1914B-961. 

Eminent  domain,  injury  to  goodwill  as 
element  of  damages  in  condemnation 
proceedings.     1918B-878. 

Injury  to  goodwill  of  business,  damages 
recoverable.     191iB-879. 

Partnership,  right  of  partner  to  dispose  of 
firm   goodwill.     20-582. 

Profits,  and  goodwill,  distinction  between. 

20-691. 

Restraint  of  trade,  sale  of  goodwill  as 
constituting.     9-909. 

Sale  of  business  as  passing  goodwill  with- 
out mention  thereof.  18-433;  1917 A- 
1015. 

Vendor's  rights  as  affected  by  sale  of 
goodwill  in  business.  11-573;  21-427; 
1914B-587. 


GOVERNMENT. 

Charitable  gift  for  governmental  purpose 
as  valid.     1914A-1215. 

Claim  against  federal  government,  validity 
and   construction    of   statute   limiting 
amount  of  attorney's  fee  for  collect-, 
ing.     1918C-863. 

— ^part  payment  as  satisfaction  of  claim 
against  government.     1914D-824. 

Contracts  with.  United  States  government, 
annulment,  suspension,  modification,  or 
additional  compensation  thereunder. 
1918E-5,  34,  36. 

Injury  to  property  incidental  to  proper 
exercise  of  governmental  powers  as 
taking  or  damaging  property.    4-1185. 

Martial  law,  powerlessness  of  civil  gov- 
ernment as  necessary  to  warrant  dec-- 
laration.     1914C-28. 

Remedy  against  government  for  infringe- 
ment of  patent  rights.     15-1109. 


400    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


GOVERNMENT— Continued. 

Separation  of  powers,  what  is  judicial 
power  within  constitutional  theory. 
1913E-1097. 

Special  assessment,  public  property  of 
national  government  as  subject  to. 
1917D-844. 


GOVERNOR— Continued. 

— ^bastardy,  power  of  executive  to  pardon 
person  found  guilty.     16-322. 

Remission  of  fines  and  forfeitures,  power 
of  executive.     17-603. 

Vacancy  in    ofiice    of   governor,   existence 
and  effect.     I915A-577. 


GOVERNMENT  RESERVA- 
TIONS. 

Criminal  laws  of  state  adopted  by  United 
States,  validity  and  construction  of 
federal  statutes.     21-946. 

Judicial  notice  of  Indian  and  military 
reservations.     12-937. 

Taxation  of  personalty  on  government  res- 
ervation, right  of  state  or  territory. 
14-964. 


GOVERNMENT  SYMBOLS. 

Use  for  advertising  or  commercial  pur- 
poses, validity  of  statutes  prohibiting 
4^270;  10-528. 


Bnactment  of  Laws. 

Approval  of  bill  in  part  only,  power  of 
executive.     20-162. 

— withdrawal  of  approval,  right  of  ex- 
ecutive.    13-230. 

Extrinsic  evidence  with  respect  to  ap- 
proval or  disapproval  of  bill  by  ex- 
ecutive,  admissibility.     1917C-836, 

Presentation  of  bill  for  governor's  sig- 
nature.    1914D-268. 

Signing  or  rejecting  bills  passed  by  leg- 
islature, computation  of  time  allowed. 
6-717;  1912A-801. 

— exclusion  or  inclusion  of  Sunday  or  holi- 
day in  computation  of  time  for  return 
of  bill.     1917E-943. 

Veto  by  executive,  evidence  of.     19-837. 


GOVERNOR. 

In  General. 

Absence  of  governor,  what  constitutes. 
1912C-351. 

Appointment  to  office,  right  of  governor  to 
make  appointment  where  term  does 
not  begin  until  after  expiration  of 
term  of  appointing  power.     18-142. 

—power  to  appoint  in  absence  of  constitu- 
tional or  statutory  authority.     19-823. 

Constitutional  amendment,  necessity  of 
approval  of  proposed  amendment.  4— 
703. 

Extradition,  review  by  courts  of  executive 
action  in  interstate  extradition  pro- 
ceedings.    3-876;  13-931. 

Immunity  of  governor  from  judicial  con- 
trol. 3-391;  11-620;  1913B-789; 
1915B-423. 

Mandamus  to  compel  performance  of  min- 
isterial duties.  3-391;  7-1114;  11- 
620;    1913B-789. 

Martial  law,  power  of  governor  to  declare. 
19140-24. 

Pardoning  power,  as  confined  to  offenses 
against  state.     19-115;  1914A-484* 


GRADE  CROSSINGS. 

Abolition,  validity  of  statute  empowering^ 
municipality  to  abolish.     1915A-76. 

Jurisdiction  of  Public  Service  Commission 
to  make  regulation  respecting  grade 
crossing.     1915C-1289;  1918B-1056. 


GRAFTING. 

Meaning  of  term  "graft."     19-1079. 


GRAIN. 

Dealer,  seller  of  grain  as  "dealer."    1917A— 
953. 

Deposit  of  grain  in  warehouse  as  bailment 
or  sale.     10-1074. 

Threshers'    liens    against    grain.     11-1003.. 


GRANARY. 

Burglary,  sufficiency  of  indictment  with 
respect  to  description  of  granary, 
1913D-875, 


GRANDCHILDREN— GRANTS. 


401 


GRANDCHILDREN. 

"Dependent"  within  Workmen's  Compen- 
sation Act  as  including  grandchild. 
1918B-756. 

"Family"  as  including  grandchildren. 
1913B-460. 

Term  "child"  or  "children"  in  statute  as 
including  grandchild  or  grandchildren. 
1918E-1004. 


GRAND  JURY. 

Accused's  testimony  before  grand  jury  as 
affecting  validity  of  indictment  based 
thereon.     6-606. 

Amicus  curiae,  power  to  object  to  com- 
petency   of   juror.     1915A-196. 

Appearance  of  private  or  substituted  pros- 
ecutor before  body  as  affecting  in- 
dictment.    1912D-184, 

Attorney  general  of  state,  right  to  appear 
before  grand  jury.  1912D-945; 
1915D-161. 

Challenge  to  grand  juror,  bias  as  ground 

in     absence     of     statutory     provision. 

4-873. 
Complainant  as  member  of  grand  jury  as 

affecting      validity      of      indictment. 

1912B-738;   19160-424;   1917E-619. 
Court  officer  in  grand  jury  room,  presence 

as    vitiating    indictment.     1912D-978. 
Criticism   of   grand    jury    as    contempt    of 

court.     1912A-165. 

Disclosure  of  proceedings  by  grand  juror 
as   contempt   of  court.     15-257. 

Evidence  before  grand  jury,  inquiry  as  to 
sufficiency.     1-842. 

Habeas  corpus  as  mode  of  review  of  errors 
in   selection   of   grand   jury.     Il-10o3. 

Impeachment  of  inilictment  by  member  of 
grand  jury.     20-47. 

Inspection  of  minutes  of  grand  jury,  right 
of    indicted    person.     4-1055;    18-421. 

Libel  and  slander,  report  of  proceedings 
of  grand  jury  as  within  rule  of  privi- 
lege under  law  of  libel.  1915A-38; 
1918E-1196. 

Malicious  prosecution,  action  of  grand 
jury  as  evidence  of  existence  or  want 
of  probable  cause  for  action.  21-1047; 
1916A-340. 

Member   of   grand   jury   indicting   defend- 
ant as  qualified   juror  in   trial   of   de- 
fendant.    1917D-456. 
Index  to  Notes — 2G 


GBAND  JURY — Continued. 

Number  concurring  in  indictment,  testi- 
mony  by   members   as   to.     1-649. 

Power  of  grand  jury  to  report  crime  or 
misconduct  otherwise  than  by  indict- 
ment  or  presentment.     1916E-228. 

Preliminary  examination,  right  of  grand 
jury  to  find  indictment  before  or  pend- 
ing preliminary  examination.  1912D- 
145. 

Quorum,  number  of  jurors  necessary  to 
constitute.     1912C-30;    1918A-106. 

EeaEsembHng  grand  jury  after  discharge, 
power    of    court.     17-656;    1916C-207. 

Eesubmission  of  cause  to  grand  jury. 
1916D-273. 

Eeturning  indictment  in  open  court,  ne- 
cessity of.     4-527;   19-1124. 

Selection  certain  time  before  term,  effect 
of  failure  to  comply  with  statute  re- 
quiring.    1913D-96. 

— ^legality  of  grand  jury  not  selected  in 
accordance  with  statute.  10-964; 
1918A-1080. 

Stenographer  present  in  grand  jury  room, 
effect  on  indictment.     1915B-232. 

Waiver  of  irregularity  in  formation  of 
grand  jury.     4-226. 


GRANDNEPHEW. 

Niece  or  nephew  in  will  as  including 
grandniece  or  grandnephew.  I913E- 
589. 


GRANTS. 

Abandonment  of  state,  Mexican  and 
Spanish  land  grants.     19-375. 

Land    grants,   judicial   notice    of.     12-937. 

Minerals,  grant  as  including  petroleum  and 
natural  gas.     20-938. 

Navigable  waters,  validity  of  legislative 
grant  of  exclusive  control  over  navi- 
gable  stream.     1915D-69. 

Parks  or  squares  for  railroad  purposes, 
right  of  state  or  municipality  to  make 
grant.     21-690. 

Rule  of  construction  in  favor  of  public  of 
constitutional  or  statutory  grant  to 
private  person  or  corporation.    I914A- 

158. 

Water-power,  construction  of  grant. 
1916D-1002,  1022,  1026,  103O. 


402    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918B. 


GRASS. 

Leased  premises,  liability  of  third  person 
to  landlord  for  injury  to  growing 
grass.     1912D-122. 

Sidewalks,  right  of  municipality  to  use  or 
permit  to  be  used  part  of  sidewalk 
for  planting  grass.     1912D-I236. 


GRATUITIES. 

Mitigation  of  damages,  payment  or  ser- 
vices by  third  person  as  constituting. 
1-213;  10-794;   1915C-893. 


GRAVEL. 

Abutting    owner's    right    to    remove    gravel 
from  highway.     2-596;   11-445. 

Eight   to  take  gravel  from  bed  of  navi- 
gable  stream.     1916B-559. 


GRAVEYARDS. 

See  Cemeteries. 

GRAVITY  RAILROAD. 

Noise  arising  from  exercise  of  lawful 
amusement  as  nuisance.  4-378;  19- 
993;   1912B-429. 


GRAZING. 

Use  of  another's  land  for  purpose,  implied 
contract  to  pay  rent.     1912C-1147. 

GREEK  LETTER  FRATER- 
NITIES. 

See    Colleges   and  Universities;    Societies 
and  Clubs. 

Exemption  from  taxation.     1918E-278. 

Validity  of  statutory  or  other  prohibition 
against  secret  societies  among  stu- 
dents.    1916E-527. 


GROCERS. 

Trade,  grocer  as  engaged  in.     1916A-1200. 

GROSS  EARNINGS. 

fiailroad  company,  what  are  "gross  earn- 
ings."    16-429. 


GROUND  RENTS. 

Extinguishment  by  merger  of  estates. 
8-996. 

Realty  or  personalty,  ground  rent  as. 
1918A-150. 

Taxation  of  land  conveyed  on  condition 
of  payment  of  ground  rent.  1914B- 
845. 


GROW  DUE. 

Legal  meaning  of  term.     1918E-789. 


GUARANTY. 

Absolute  guaranty  and  offer  to  guarantee, 
distinction  between.     15-1164. 

Bank  contract  of  guaranty,  liability  on. 
1916D-554,  565,  570. 

Breeding  animal,  construction  of  guaranty 
of  offspring  in  contract  for  service  by 
animal.     1916A-576. 

Character,  credit  and  ability  of  another, 
construction  of  statutes  requiring  rep- 
resentations to  be  in  writing.  1-690; 
12-332;  1914A-953. 

Collateral  oral  agreement  as  admissible  to. 
vary  contract  of  guaranty.  1912A- 
779. 

Consideration  for  contract  of  guaranty,  for- 
bearance as  sufficient.     1916A-970. 

Continuing  and  limited  guaranties,  dis- 
tinction   between.     4-822;    1918E-609. 

Corporations,  power  to  guarantee  stock  or 
bonds  of  another  corporation.     11-891. 

Credit  given  in  excess  of  amount  guar- 
anteed, liability  of  guarantor.  1913A- 
1090. 

Death  of  guarantor,  effect  on  rights  of 
parties.     1914D-852. 

Demand  for  payment,  necessity  of  demand 
on  maker  of  promise  to  pay  debt  or 
answer  for  default  of  another.  21- 
545. 

Deposit  of  securities  with  state  as  guar- 
anty, right  to  proceeds  on  dissolution 
or  insolvency  of  corporation.  1914D- 
439.  . 

Discharge     of     guaranty,     accommodation . 
guarantor,  discharge  under  negotiable 
instruments  law  by  extension  of  time 
to  principal  debtor.     1913C-530. 

i — change  in  firm  or  corporation  as  dis- 
charging   guaranty    thereto.     15-1020. 


GUARANTY  INSURANCE— GUARDIAN  AND  WARD. 


403 


GUAEANTY— Continued. 

— creditor's  acceptance  of  bill  or  note  from 
debtor  as  discharge  of  guarantor. 
4-886;  1916A-1194. 

— ^incorporation  of  obligee  as  affecting 
guaranty  contract  thereto.     1913C-820. 

Fraud  as  defense  to  action  on  guaranty. 
1916A-501. 

Inconsistent  defenses  in  action  growing 
out  of  guaranty.     1917C-720. 

Indorsement  of  non-negotiable  paper  as 
charging  indorser  as  guarantor. 
1912B-707. 

Letter  of  recommendation,  liability  of  per- 
son giving  to  person  suffering  loss  by 
reliance  thereon.     1916B-378. 

Liability  of  guarantor  as  depending  on  va- 
lidity of  principal  contract.  1914;C- 
556. 

Oral  guaranty  by  transferrer  of  negotiable 
instrument,  validity.     2-506. 

Parol  evidence  to  affect  terms  of  contract, 
admissibility.     1912A-781. 

Payment,  right  of  guarantor  to  control  ap- 
plication.    1917C-585. 

"Security"  as  meaning  guarantor  or  surety. 
1914D-627. 

Signed  guaranty  by  payee  on  back  of  note 
as  indorsement  transferring  title. 
1913D-693. 

Trusts,  surrender  of  control  of  funds  by 
trustee  as  imposing  liability  as  guar- 
antor.    1915C-52. 

GUARANTY  INSURANCE. 
See  Fidelity  Insurance. 

GUARDIAN  AD  LITEM. 
See  Guardian  and  Ward;  Next  Friend. 


GUARDIAN  AND  WARD. 

1.  Appointment  and  Removal. 

2.  Rights,  Powers  and  Liabilities. 

3.  Sales  by  Guardian. 

4.  Bonds  of  Guardian. 

1.    Appointment    and   Removal. 

Aged  person,  appointment  of  guardian  for, 
validity  of  statute  providing.  I917A- 
874. 


GUARDIAN  AND  WARD— Continued. 

Appeal,    necessity    that    record    show    af 
firmatively    appointment    of    guardian 
ad  litem  for  infant  parties.         1912B- 
376. 

Infant  defendant,  necessity  for  appoint- 
ment of  guardian  ad  litem  when  in- 
fant defendant  has  general  or  natural 
guardian.     1912D-363. 

Majority  of  infant  attained  pending  action, 
effect.     1914A-604. 

Married  woman,  right  of  infant  spouse  to 
prosecute  action  with  husband  as  co- 
plaintiff  without  appointment  of 
guardian  ad  litem  or  next  friend.  9- 
1116. 

Eeligious  belief  as  affecting  qualifications 
of  person  as  guardian.     1915C-361. 

Removal  of  guardian,  as  resting  in  discre- 
tion of  court.     1912B-977. 

Residence  as  synonymous  with  domicile  in 
statute  relating  to  appointment  of 
guardian.     1915C-789. 

Selection  of  guardian,  right  of  infant  to 
select   own   guardian.     1912C-477. 

Testamentary  appointment  of  guardian, 
right  of  mother  to  make.     7-450. 


2.    Bights,  Powers  and  Liabilities. 

In  General. 

Accounting,  opening  account  or  settlement 
of  guardian,  lapse  of  time  as  affecting 
right.     1917A-648. 

i — transactions  after  ward's  majority,  duty 
of  guardian  to  account  with  respect 
to.     19-509. 

Acquisition  of  ward's  property,  right  of 
guardian.     21-1119. 

"Agent"  as  including  guardian.     1913B-85. 

Agreed  statement  of  facts,  power  of  guar- 
dian ad  litem  to  join  in.     1915A-1292. 

Alienation  of  affections  of  ward,  liability 
of  guardian.     8-813;  1917E-1017. 

Compromise  of  ward's  cause  of  action, 
right  of  guardian.     17-609. 

Conveyance  by  ward,  power  of  guardian  to 
ratify.     1912D-704. 

Fiduciary  capacity,  guardian  as  acting  in 
within  meaning  of  Bankruptcy  Act. 
1915A-1297. 

Garnishment  of  funds  held  by  guardian. 
13-500. 


404    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E.. 


GUARDIAN  AND  WARD — Continued. 

Guardian  or  next  friend  as  interested  wit- 
ness or  as  party  in  suit  involving  ward's 
estate  or  rights.     4-1068. 

Insane  person,  liability  of  ward  for  breach 
of  contract  made  by  guardian.     11-54. 

— tort  of  insane  person,  liability  of  guar- 
dian.    1915D-224. 

Judgment  recovered  in  favor  of  infant, 
power  of  next  friend  to  receive  pay- 
ment of  and  to  satisfy  judgment.  7- 
607. 

Lease  of  ward's  real  estate,  power  of  guar- 
dian to  make.     1917A-1256. 

Marriage  of  ward  without  consent  of  guar- 
dian, validity.     17-94. 

Mechanic's  lien  on  property  of  infant,  con- 
tract by  guardian  as  giving  right. 
15-1089. 

"Necessary  expense"  in  administering,  es- 
tate under  guardianship,  what  is. 
1918D-921. 

Suit  in  individual  capacity  on  behalf  of 
minor  ward,  right  of  general  guardian 
to  institute.     11-1092;  1912B-407. 

Taxation  of  ward's  estate,  situs  as  fixed  hj 
guardian's  domicile.     2-852. 

Will  contest,  power  or  duty  of  guardian  or 
guardian  ad  litem  to  institute. 
1918B-538. 


Next  Friend  as   Improper  Party. 

Costs,  requiring  security  where  next  friend 
is  not  proper  party  to  prosecute  suit. 
1914A-946. 

Dismissal  of  suit  where  next  friend  is  not 
proper  party  to  prosecute.     1914A-946. 

Pleading,  amendment  where  next  friend 
is  not  proper  party  to  prosecute  suit. 
1914A-947. 

Power  of  court  in  premises  where  next 
friend  is  not  proper  party  to  prosecute 
suit.     1914A-943. 

Eemoval  of  next  friend  when  not  proper 
party  to  prosecute  suit.     1914A-943. 

Staying  suit  where  next  friend  is  not 
proper  party  to  prosecute  suit. 
1914A-945. 


S.    Sales  by  Guardian. 

Caveat   emptor    doctrine   as   applicable    to 
sale   by  guardian.     1917E-255. 


GUARDIAN  AND  WARD— Continued. 

Pailure  of  guardian  to  give  sale  bond  as 
affecting  sale  of  ward's  land.  1913D- 
190;  1917A-888. 

Personalty  of  ward,  power  of  guardian  to 
sell.     1916C-334. 

"Eequire,"  legal  meaning  of  term  in  stat- 
ute relating  to  sale  of  infant's  real 
estate.     1912A-1237. 

Void  sales,  effect  of  statute  of  limitations 
to  protect  purchaser.     9-872. 


4.    Bonds  of  Guardian. 

Judgment  against  guardian  as  evidence 
against  surety  on  official  bond.  9-156; 
1915D-404. 

Limitation  of  action,  running  of  statute 
against  action  on  guardian's  bond. 
1916A-170. 

Past  defaults,  liability  of  sureties  on  addi- 
tional and  substituted  bonds  of  guar- 
dians.    4-345. 

Sureties,  fewer  than  required  number, 
validity  and  effect  of  guardian's  bond. 
9-711. 


aUARDINa  MACHINERY. 

Assumption  of  risk  on  failure  of  employer 
to  perform  statutory  duty.  4:-599;  13- 
36;   1913C-210. 

Burden  of  proof  and  sufficiency  of  evidence 
as  to  practicability  of  guarding  ma- 
chinery from  which  servant  has  sus- 
tained injury.     18-133. 

Shafting,  duty  and  liability  of  master  with 
respect  to  guarding.  18-652;  1914A- 
658. 


GUARDINa  PROPERTY. 

Federal  Employers'  Liability  Act  as  pro- 
tecting railroad  employees  engaged  in 
guarding  property.     1918B-64. 


GUARD-RAILS. 

Bridges,   municipal  liability   in   respect  to 
maintenance   of   guard-rail.     15-839. 

Duty  of  railroad  to  block  guard-rails.     9- 
498;    14-696;    1913C-1265;    1916E-642'. 


GUESSING  CONTEST— HABEAS  CORPUS. 


405 


GUESSING    CONTEST. 

Lottery,  guessing  contest  or  competition  as 
constituting.     1-168;  12-321. 

Fraud     in     voting    or.    guessing    contest. 
1918C-750. 


GUESTS. 

Distinction  between,  and  boarder  at  hotel 
or  inn.     14-326  ;1914B-729. 

Homicide  by  guest  in  protection  of  habita- 
tion.    21-725. 

Injury  to  person  riding  as  guest,  liability 
of  owner  of  automobile  or  other  pri- 
vate vehicle.  1915D-34o;  1918B- 
1098;  1918E-1127. 

Intoxicating  liquor,  meaning  of  term 
"guest"  in  statute  permitting  sale  on 
Sunday  in  hotels.     17-817. 

Landlord  and  tenant,  liability  of  landlord 
for  injury  to  guest  of  tenant.  1- 
679. 


GUESTS — Continued. 

Kelation  of  innkeeper  and  guest  as  estab- 
lished by  intrusting  baggage  to  inn- 
keeper or  his  employee.     1918A-541. 


GUNPOWDER. 

Fireworks  as  "gunpowder"  under  prohib- 
itory provision  of  fire  insurance  policy. 
1913B-811. 


GUNSHOT  WOUNDS. 

Excessiveness  or  adequacy  of  verdict.     16- 
47  J  1916B-413. 


GYMNASTS. 

"Trade,"  gymnast  as  engaged  in. 
1200. 


1916A- 


H 


k 


HABEAS  CORPUS. 

1.  In  GreneraL 

2.  Grounds  for  Writ. 

3.  Scope  of  Eeview. 

1.    In  GeneraL 

"Adjoining  county,"  meaning  of  term  m 
statute  providing  for  habeas  corpus. 
1913D-849. 

Appeal,  judgment  or  order  in  habeas  cor- 
pus as  reviewable.     1-260;   11-131. 

Civil  or  criminal  proceeding,  habeas  cor- 
pus as.     7-1020. 

Evidence,  right  of  accused  to  introduce  as 
affected  by  his  waiver  of  preliminary 
examination.     1917E-184. 

Finality  of  order  in  habeas  corpus  pro- 
ceedings. 1-260;  11-129;  1912D-3o9; 
1916D-506. 

Original  jurisdiction  of  state  court  of  last 
resort  to  issue  writ.     1913A-156. 

Paramount  authority  of  habeas  corpus  to 
that  of  all  other  writs.     1914A-829. 


HABEAS  CORPUS — Continued 
2.     Grounds  for  Writ. 

Accused  not  brought  to  trial  within  con- 
stitutional or  statutory  period,  remedy 
by  habeas  corpus.     1912D-1273. 

Bailed  person,  right  to  writ  of  habeas  cor- 
pus.    5-552;    1912C-951. 

Convicts,  habeas  corpus  to  bring  before 
court  for  trial.     4-723. 

Courts-martial  proceedings  as  reviewable 
by  habeas  corpus.     17-446,  448. 

Custody  of  child,  recovery  by  one  parent 
from  other  parent,  habeas  corpus  as 
remedy.     1912C-868. 

Errors  or  irregularities  in  proceedings  as 
reviewable  by  habeas  corpus.  11- 
1051. 

Excessive  sentence,  right  of  prisoner  who 
has  received  to  be  discharged  on 
habeas    corpus.     7-144;     1916D-368. 

Extradition  proceedings,  review  of  execu- 
tive action  by  courts  in  habeas  cor- 
pus proceeding.     3-876;  13-931. 


406     INDEX  TO  THE  NOTES.  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


HABEAS  CORPUS— Continued. 

— rearrest  of  person  discharged  on  habeas 
corpus.     6-499. 

Imprisonment  under  military  power, 
habeas  corpus  to  inquire  into  legality. 
1914C-30. 

Judgment  ceasing  to  be  operative,  right  of 
person  in  custody  thereunder  to  be  dis- 
charged on  habeas  corpus.     1913B-878. 

Juvenile  court  proceedings  as  reviewable 
by  writ  of  habeas  corpus.  1918D- 
751,  754. 

Witnesses,  habeas  corpus  and  testificandum 
1915D-1028. 


HABITS— Continued. 

Unconscious    performance   of   physical    ae 
as  result  of  constant  repetition  of  act. 
1913A-1143. 


HABITUAL  CRIMINALS. 

Increased  penalties  against  habitual  crimi- 
nals as  violation  of  constitutional  pro- 
hibition against  cruel  and  unusual 
punishment.     19-732. 

Validity  of  statute  prescribing  special  pun- 
ishment for  prior  offender  or  habitual 
criminal.     18-923. 


3.     Scope  of  Review. 

Constitutionality  of  statute  or  ordinance 
under  which  petitioner  is  held,  deter- 
mination on  habeas  corpus.     3-581. 

Custody  of  child,  welfare  of  child  as  pri- 
mary consideration  in  determining 
right  to  its  custody.     1914A-740. 

Evidence  sup^rting  conviction,  review  of 
suflBciency  on  habeas  corpus.     21-853. 

Former  jeopardy,  right  to  raise  plea  in 
habeas     corpus     proceedings.     15-327. 

Legal  existence  of  court,  inquiry  into  in 
habeas  corpus  proceedings.     16-341. 

Question  decided  by  highest  court  of  juris- 
diction, power  of  inferior  court  to  con- 
sider in  habeas  corpus  proceedings. 
14-758. 


HABENDUM  CLAUSE. 

Construction  of  clause  in  deed  in  connec- 
tion with  premises.  8-444  j  1917D- 
661;  1918E-880. 


HABITS. 

Beneficial  associations,  waiver  of  forfeiture 
of  benefit  certificate  for  misrepre- 
sentation as  to   habits.     1918D-306. 

Death  by  wrongful  act,  admissibility  of 
evidence  of  habits  of  deceased. 
\  1916E-652. 

Divorce,  habits  or  course  of  conduct  of 
spouse  as  cruelty  warranting  divorce. 
1918B-480. 

Habits  of  deceased  on  approaching  rail- 
road crossing,  admissibility  in  evi- 
dence in  action  for  his  killing  at  cross- 
ing.    1915B-226. 


HACKS. 

Municipal  regulation  other  than  taxation. 
1914D-735. 


HAIL  INSURANCE. 

Law  of  hail  insurance.     191oA-674;  1917D- 
81. 


HAIR-DRYING. 

Injury  resulting  from,  as  accident  arising 
out  of  and  in  course  of  employment 
within  Workmen's  Compensation  Act. 
1913C-12. 


HALF. 

Legal  meaning  of  term.     1913E-1013. 


HALF-BROTHER. 


Half-brother   and  half-sister   as 
and  "sister."     9-140. 


'brother" 


HALLS. 

Municipal  hall,  power  to  erect  for  public 
meetings  of  citizens.     12-1112. 


HALLWAYS. 

Landlord's  duty  to  light  passageway 
common  to  tenants.  14-764;  19- 
667;    1914D-592;    1917E-596. 

Master's  liability  to  servant  for  injuries 
resulting  from  insufficiently  lighted 
passageway.     20-3. 


HANDBILLS— BARTER  ACT. 


407 


HANDBILLS. 

Distribution,  right  of  municipality  to  pro- 
hibit.    5-423. 

— prohibition  against  as  restraint  of  free- 
dom of  press.     15-8. 


HAND-CARS. 

Child  permitted  by  railroad  employee  to 
ride  upon  hand-car,  liability  of  rail- 
road for  injury.     9-963. 

Invitee,  recovery  for  injuries  while  riding 
on  hand-car.     5-45. 

Jumping  from  hand-car  to  avoid  threat- 
ened collision  as  contributory  neg- 
ligence of  railroad  employee.     10-766. 

Liability  of  railroad  company  for  injuries 
caused  by   operation.     1916E-321. 

Term  "car"  as  including  hand-car.     1914D- 

47. 

Wrongfully  riding  by  permission  or  direc- 
tion of  railroad  employee,  liability  of 
railroad  company.  9-541;  1913E-577; 
1917C-361. 


HANDCUFFS. 

Eight   of  prisoner  undergoing   trial  to   be 
free  from  shackles.     5-959. 


HANDWEITING— Continued. 

Facsimile  signatures,  proof  by  comparison. 
1912B-417. 

Holographic  will  not  wholly  In  handwrit- 
ing of  testator.     1-373;  20-369. 

Identification  by  attorney  of  handwriting 
of  client  as  privileged.     1913A-29. 

Mark,  proof  by  comparison  or  opinion  evi- 
dence.    19-504. 

Nonexpert,  competency  to  testify  to  hand- 
writing of  mere  correspondent.  8- 
1035. 

Proof  by  third  person  where  writer  is  ac- 
cessible as  witness.     20-108. 

Similarities  or  dissimilarities  in  manner  of 
writing  words  or  letters,  probative  ef- 
fect on  issue  of  genuineness.  1913B- 
1317. 

Spelling,  punctuation  and  literary  style  as 
elements  in  identifying  author  of 
writing.     20-1336. 

Standards  for  comparison,  papers  in  record 
as.     9-451. 

Testing  handwriting  witness  by  use  of 
other  writing.     1917B-1060. 

Witness  to  will,  admissibility  of  handwrit- 
ing in  evidence  in  case  of  death,  ab- 
sence or  incompetency  of  witness. 
1914C-902. 


HANDHOLDS. 

Carrier's  duty  to  provide  for  standing  pas- 
sengers.    1913C-170. 


HANDS. 

Excessiveness  or  inadequacy  of  verdict  for 
loss  or  injury.  16-29;  1913A-1371; 
1916B-415. 

Exhibition  to  jury  in  personal  injury  case, 
right  of  plaintiflf.     1913D-248. 

Workmen's  compensation,  what  constitutes 
loss  of  hand  within  Compensation  Act. 
1918A-536. 


HANDWRITINa. 

Deceased  person,  competency  of  witness  to 
testify  to  handwriting  under  rule 
excluding  testimony  as  to  transactions 
with  decedent.     12-671. 


HARBORING  DOG. 

Liability  of  harborer  for  injuries  caused 
by  it.     1914B-606. 


HARBORS. 

Mooring  vessels  at  place  other  than  wharf, 
right  to.     20-813. 

Workmen's  Compensation  Act  as  applicable 
to  persons  employed  in  construction  of 
harbors.     1917D-^27. 


HARTER  ACT. 

Application  of  act  to  passengers  and  bag- 
gage on  ocean  steamship  lines,     9-916. 

Unseaworthiness  of  vessel  as  affecting  its 
liability  for  goods  damaged  by  other 
causes  within  purview  of  act.     13-509. 


408    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918©. 


HAULING. 

Person  employed  in  connection  with  tmck- 
ing  or  hauling  as  independent  con- 
tractor.    1918C-658. 


HAZARDOUS. 

Meaning  as  applied  to  employment  with- 
in purview  of  Workmen's  Compensa- 
tion Act.     1917D-10,  42. 


HAWKERS  AND 
PEDDLERS. 

Cruel  and  unusual  punishment  for  peddling 
without  license.     19-731. 

Crying  wares  or  advertising  them  noisily 
in  streets,  validity  of  ordinance  pro- 
hibiting.    20-591. 

"Dealer,"  peddler  as  dealer.     1917A-9o3. 

Hawking  and  peddling  by  others  than 
producers  of  goods  sold,  validity  of 
statute  or  ordinance  prohibiting.  16— 
1030. 

Itinerant  vender  of  drugs,  validity  of  stat- 
ute   regulating.     10-401;    1913D-1242. 

License  tax  or  fee  imposed  on  peddler  or 
hawker,     reasonableness.      1914D-938. 

— uniformity  of  imposition  as  affecting 
validity  of  tax  or  fee.  '  1918E-109. 

Owner  of  premises,  liability  to  person  who 
goes  thereon  for  purpose  of  selling 
things  to  occupants.     19-425. 

Eestricting  or  forbidding  hawking  or  ped- 
dling within  municipality,  validity  of 
statute  or  ordinance.     1916A-1238. 

Sale  by  sample  for  future  delivery  as  ped- 
dling.    2-830;  1917D-686. 

Statutory  exemption  of  persons  and  things 
from  hawking  regulations.  1912D- 
1297. 

"Trade,"  peddler  as  engaged  in.  1916A- 
1200. 

Transient  merchants  as  distinguished  from 
hawkers  or  peddlers.     1917E-505. 

Who  is  "hawker"  or  "peddler"  within 
licensing  statute  or  ordinance. 
1912D-1289. 


HAWSERS. 

Duty    of    tug    to    tow    with    respect    to 
hawser.     1914A-55. 


HAY. 

Independent    contractor,   person    employed 
to   bale    hay    as.     19180-656. 

Seller   as   "dealer."     1917A-953. 


HEAD. 


Injury  to  head, 
equacy  of 
1916B-416. 


excessiveness    or    inad- 
verdict.      1913A-1374j 


HEADACHE. 

Injury    causing    headache,    inadequacy    of 
verdict.     1916B-418. 


HEADLIGHTS. 

Absence  of  headlight  on  train  passing 
crossing   as   negligence.     15-463. 

Running  train  without  headlight  as 
negligence  toward  person  on  track 
at  place  other  than  crossing.  1912A- 
153;    1918A-1181. 


HEADLINE. 

Significance  of  headline  in  dietermining 
whether  article  is  libelous.  13-375; 
1914D-96. 


HEALTH. 

1.  In    General. 

2.  Subjects   of   Regulatiwi, 

3.  Iiiabilities. 

4.  Health   Boards    and    Ofacers. 

1.    In  GeneraL 

Beneficial  associations,  waiver  of  for- 
feiture of  benefit  certificate  for  mis- 
representation as  to  health.  12-640; 
1918D-306. 

Cemeteries,  validity  of  state  or  muni- 
cipal regulations  or  restrictions  as  to 
burial    of    dead.     14-1085. 

Concealment  or  misrepresentation  of 
health  as  ground  for  annulment  of 
marriage.     12-28. 

Death  by  wrongful  act,  health  of  person 
for  whose  benefit  action  is  brought, 
admissibility.     1912C-206. 


HEALTH. 


409 


HEALTH— Continaed, 

Landlord's  failure  to  comply  vrith  health 
law  or  regulation  as  affecting  right 
to    recover    rent.     1913B-406. 

Life  insurance,  burden  of  proof  of  good 
health  of  insured  at  time  of  delivery 
of  policy  where  contract  so  requires. 
17-238. 

Undertakers  or  embalmers,  statutory  reg- 
^  ulation.     18-477;    1913A-1252. 

2.     Subjects     of     Eegulation. 

Bathing  in  pond,  stream  or  the  like, 
validity  of  statute,  ordinance  or 
board  of  health  regulation  prohibit- 
ing.    1913B-223. 

Birth  and  death  registration,  validity 
and  construction  of  statute  requir- 
ing.    1912C-686. 

Cigarettes,  importation,  right  of  state 
to   prohibit.     9-360. 

— smoking  cigarettes,  validity  of  statute 
or    ordinance    forbidding.     1912D-191. 

Laundries,  state  or  municipal  regulation. 
21-975. 

Privies  or  out-of-door  closets,  validity  of 
statute  or  ordinance  regulating. 
1916D-212. 

Samples  of  medicine  or  other  deleterious 
substance,  validity  and  construction 
of  statute  prohibiting  distribution. 
1915C-551. 

Sanitary    laws,    constitutionality.     1-442. 

— ^partial  invalidity  of  statutes  with  re- 
spect to  crimes  against  health,  effect. 
1916D-46. 

— statutes  for  benefit  of  employees,  con- 
stitutionality.    7-780. 

School  children,  validity  of  regulations. 
1917A-765. 

Screening  food  exposed  for  sale,  validity 
of  ordinance  requiring.  1912D-957; 
1915D-1085. 

Second-hand  clothes,  bedding  or  the  like, 
use  or  sale,  state  or  municipal  reg- 
ulation.    1917C-1068. 

Sewage  disposal,  validity  of  statute  or 
ordinance    regulating.     1913D-61. 

Slaughter-houses,  statutory  regulation. 
18-470. 

Tenement  house,  manufacture  of  clothing, 
validity  of  statutes  regulating.  1- 
747. 


HEALTH— Continued. 

Vaccination,  compulsory  vaccination.  1— 
336 J    10-882;    14-945. 

—suspension  from  school  because  not 
vaccinated,   right    of.     1912A-375. 

3.    LiabiUties. 

Building  destroyed  by  public  authorities, 
right  to  compensation  for.  19130- 
599. 

Exposure  of  another  to  contagious  or  in- 
fectious disease,  liability  of  person 
causing.     1912B-64. 

Hospitals,  pesthouses  and  almshouses, 
liability  of  municipality  for  negli- 
gence in  respect  to  condition  of  or 
performance  of  services  incident  to. 
4-624. 

Impure  water  furnished  by  water  com- 
pany, liability  to  consumer.  1915C- 
686. 

Injuries  impairing  health,  excessiveness 
or  inadequacy  of  verdict.  16-49; 
1913A-1382;    1916B^19. 

Jails,  unhealthy  condition  as  creating 
liability  against  municipal  corpora- 
tion. 4-516;  12-797.  1913B-1280; 
1915D-153. 

Nuisance  threatening  health,  right  of 
private    person   to    enjoin.     2-253. 

Quarantine,  breaking  or  permitting  an- 
other to  break  quarantine,  liability 
for.     1914B-413. 

—enforcement  of  quarantine  regulations, 
liability  of  municipality,  board  of 
health  or  health  officer.  9-815;  16- 
737. 

•^expenses  of  quarantined  person,  lia- 
bility of  municipality  for.     5-233. 


4.    Health    Boards    and    Officers. 

Epidemics,  right  of  public  physician  to 
recover  extra  compensation  for  ser- 
vices.    1915D-1196. 

Food  production  and  distribution,  statute 
empowering  board  of  health  to  reg- 
ulate aa  invalid  delegation  of  legis- 
lative   power.     1913E-1000. 

Health  officers  as  municipal  officers. 
1914D-1233. 

Power  of  board  of  health  to  bring  suit. 
4-474. 


410     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  191.8Ei 


HEALTH— Continued. 

Quarantine  regulations,  liability  of  board 
or  officer  for  enforcement.  9-814; 
16-737. 

Begulation  of  board  of  health,  validity  as 
depending  solely  on  statutory  author- 
ity.    1915B-1215. 

Water  supply  of  municipality,  authority 
of  board  of  health  to  regulate.  18- 
499. 


HEALTH  INSURANCE. 

"Confined  to  house,"  meaning  of  term 
in  health  policy.  18-1111;  1915  A- 
262;    1918C-531. 

Notice  of  illness  to  be  given  within 
specified  time,  validity  of  provision 
in   policy   requiring.     15-218. 

Standard  policy,  construction  of  statute 
requiring.     1916D-670 


HEATING  APPARATUS. 

Mechanics'    liens    as    applied    to    furnaces, 
ranges,  heaters  and  stoves.     1912B-29. 

Operation  by  landlord  as  imposing  duty  to 
keep  in  repair.     1912C-210. 

Stoves  and  heating  apparatus  as  realty  or 
personalty.     £-375. 


HEAT  STROKE.       * 

Injury  by  heat  stroke  as  accident  aris- 
ing out  of,  and  in  course  of,  employ- 
ment within  Workmen's  Compensa- 
tion Act.  1916B-1301;  1918B-783, 
797. 


HEIRS. 

1.  Who  are  Heirs. 

2.  Kights   and    Liabilities. 


HEARING. 

Impairment  of  hearing,  excessiveness  or 
inadequacy  of  verdict.  1913A-1376; 
1916B-421. 


HEARING  IN  CAMERA. 

Matrimonial     action,    right     of     court     to 
hear  in  camera.     1913E-639. 


HEART. 

Injury    to    heart,    inadequacy    of    verdict. 
1916B-422. 


HEART  DISEASE. 

Injury  in  connection  with  heart  disease 
as  accident  in  course  of  employment 
within  Workmen's  Compensation  Act. 
1913C-5,  10;  1916B-1299,  1301;  1918B- 
772,  778. 


HEATING. 

Carrier  of  passengers,  duty  to  heat  con- 
veyances.    9-557. 

Landlord's  failure  to  heat  premises  as 
constructive  eviction  of  tenant. 
1914B-1074;    1918D-394. 


1.    Who   are   Heirs. 

Adopted   child    as    within    designation    of 

"heirs"    as    used    in    will.     18-519. 
— child   of   adopted   person   as   entitled   to 

inherit  from  adoptive  parent.    1914C- 

1230. 
— conflict    of    laws,    adoption    under    laws 

of  another  state,  right  of  inheritance 

within    state     of     residence.     16-779; 

1916B-94. 
— death  without  issue,  succession  to  estate 

inherited  from  foster  parent.    1914D- 

572. 
—inheritance     from    persons     other     than 

adopting    parents,     right     of.     4-881; 

9-780. 

Appointment  or  acknowledgment  of  heir 
by  testator,  construction  of  pro- 
vision in  will.     1915B-239. 

Children,  when  "heirs"  will  be  con- 
strued to  mean.     1914B-70. 

Disinheritance  of  heirs  by  will,  mere 
negative  or  prohibitive  words  as  suf- 
ficient.    1912D-1146. 

Forced  or  necessary  heirs.     1915D-296. 

Illegitimacy,  inheritance  by  illegitimate 
child    through    mother.     1914D-577. 

— ^legitimate  descendants  of  bastard,  right 
to    inherit   through    him.     1913C-1338. 

— succession  between  illegitimate  brothers 
and  sisters.     16-987.' 


HERNIA. 


411 


HEIBS — Continned. 

Insurance,  meaning  of  term  "heirs"  in 
designation  of  beneficiaries  in  in- 
surance policy  or  benefit  certificate. 
5-458. 

"Lawful  heirs,"  meaning  of  term  as 
used  in  will.     1917C-115e. 

Murderer,  right  of  succession  to  property 
of   victim.     2-658;    14-99;    1916A-680. 

"Natural  heirs,"  meaning  of  terra. 
1917A-1159. 

"Nearest  male  heir"  or  similar  phrase, 
meaning  in  will  designating  legatee 
or  devisee.     1915A-474. 

Parol  evidence  to  explain  meaning  of 
"heirs"  as  used  in  will,  admissibility. 
1915B-50. 

Presumption  as  to  existence  of  heirs. 
1915C-1062,    1067,    1070. 

Public  lands,  homesteader  dying  before 
perfection  of  title,  rights  of  succes- 
sion.    1912C-697. 

Recital  in  deed  as  to  heirship  as  evi- 
dence binding  on  stranger  to  in- 
strument.    1915A-98;     1918E-912. 

"Eight  heirs,"  construction  of  phrase  as 
used   in   will.     16-298. 

Widow  as  included  within  term  "heirs  at 
law"  or  "heirs"  in  will.     1915r)-1178. 


2.    Bights    and   LlabiUties. 

Alien's  right  to  inherit  real  property  as 
affected  by  treaty.     1912A-1100. 

Condemnation  money,  right  of  heir  as 
against  personal  representative  of  de- 
ceased's estate.     1912C-595. 

Crops,  right  of  succession  to  growing 
crops.     17-943. 

Debt  of  decedent,  enforcement  against 
heir  or  devisee  as  precluded  by  laches 
or    neglect    of    creditor.     1917C-95. 

Deed  to  "heirs"  of  living  person,  validity 
and    effect.     18-873. 

Execution  sale,  right  of  heir  to  enjoin. 
1918C-260. 

Expectancy  in  estate,  validity  of  release 
by    heir    to    ancestor.     1913B-451. 

— validity  of  relinquishment  by  heir  in 
consideration  of  advancement.  17- 
725. 

Homestead  exemption,  necessity  of  selec- 
tion by  heirs  where  property  is  not 
in   excess   of   exemption.     1913C-1283. 


HEIBS — Continued. 

Indebtedness  of  heir  to  estate  as  charge- 
able against  heir's  distributive  share 
of    realty.     7-563. 

Infancy  of  heir  as  affecting  running  of . 
statute    of    limitations.     3-837. 

Judgment  liens  against  heir  as  attaching 
to  land  sold  by  executor.    1915C-1022. 

Mechanic's  lien,  heir  of  deceased  owner 
of  premises  as  necessary  or  proper 
party  to  foreclosure  action.  1918B- 
16. 

Mortgaged  property,  right  of  heir  to  as- 
signment of  mortgage  on  paying  in- 
debtedness.    1914B-571. 

Perpetuities,  effect  upon  valid  estate  of 
inheritance.     5-433. 

Privileged  communications  to  ancestor, 
right  of  heir  to  waive.  10-1118; 
1913A-100. 

Purchase  of  interest  of  heir  by  personal 
representative  of  estate,  validity. 
1913A-1115. 

Eeconveyance  to  heir  after  his  convey- 
ance of  estate  inherited  from  an- 
cestor as  affecting  course  of  descent. 
1913E-1262. 

Recording  acts,  unrecorded  conveyance 
from  ancestor,  right  of  purchaser  of 
or  from  heir  as  against  grantee 
therein.     1912B-1289. 

Release  of  right  to  inherit,  construction 
of  antenuptial  contract  "With  respect 
to.     1914C-192. 

Remainder  to  heirs  of  testator  as  vested 
or   contingent.     1917A-859,   871. 

Rents  due  under  leasehold  held  by  an- 
cestor, liability  of  heir  as  con- 
structive assignee.     1916E-820. 

Specific  performance  by  heir  of  contract 
to  convey  land,  form  of  conveyance 
which    may    be    required.     1915C-493. 

Stockholder's  liability  as  enforceable 
against  his  heirs.  1913A-384;  1916C- 
685. 

Trusts,  liability  of  heir,  as  trustee  ex 
maleficio,  for  failure  to  perform  oral 
promise  which  prevented  making  of 
will.     2-656. 


HERNIA. 

Accident  insurance,  construction  of  hernia 
clause    in    policy.     1918A-710. 


412    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


HERNIA — Continued. 

Injuries  resulting  in  hernia,  excessiveness 
of  verdict.     16-45;  1913A-1379. 

Workmen's  compensation,  accident  arising 
out  of  and  in  course  of  employ- 
ment as  covering  injury  resulting 
in  hernia.  1914B-499;  1916B-1296, 
1299,  1301;   1918B-773,  780,  807,  815. 


HIGH  SCHOOLS. 

School    funds,   power    of   legislature    witll 
respect  to  expenditure.     1917C-921. 

HIGHWAYS. 

8ee  Streets  and  Highways. 


HIPS. 

Fracture  or  injury,  excessiveness  or  in- 
adequacy of  verdict.  16-24;  1913 A- 
1369;    1916B-422. 

Physician's  liability  for  diagnosing  and 
treating  hip  disease  as  dislocation. 
1-21. 


HIRING. 

Sfe  Master   4nd   Servant. 

Contract  for  indefinite  time,  duration  of. 
8-280;   1913D-218. 

Corporate  employees,  authority  of  gen- 
eral manager  or  agent  of  corpora- 
tion   to    hire.     1914B-831. 

Employee  hired  by  one  person  but  paid 
by  another,  to  whom  bears  relation 
of  servant.     1913B-912. 


HISTORICAL  WORKS. 

Admissibility  as  evidence.     13-675. 


HOGS. 

Larceny,  sufficiency  of  proof  with  re- 
spect to  description  in  indictment. 
17-738. 


HOLDING   CORPORATION. 

Creation   by   municipality   as   evasion    of 
debt   limit.     2-986.  ' 


HOLDING  OVER. 

Lease  giving  option  of  renewal,  holding 
over  by  tenant  as  exercise  of  option. 
6-341;    19-399;    1915D-252. 

Measure  of  damages  where  tenant  holds 
over  without  consent  of  landlord. 
17-284. 

What  constitutes  holding  over  by  tenant. 
1912A-280. 


HOLES. 

Insufficiently  lighted  hole,  liability,  of 
master  for  injuries  to  servant.  20- 
12. 

HOLIDAYS. 
See  Sundays  and  Holidajrs. 

HOLOGRAPHIC  WILLS. 

See  Wills. 


HOME. 

Charities,  gift  for  establishment  of  home 
for  persons  of  particular  class  as 
charitable  gift.     1917E-857. 

''Domicile"  as  synonymous  with  home. 
1915C-784. 


HITCHING-RACK. 

Nuisance,      hitching-rack      or      post      as. 
1916A-101. 


HODCARRIERS. 

Hodcarrier  as  fellow-servant  of  other  em- 
ployee.    1912A-1009. 


HOE. 

Hoe  as  deadly  weapon.     1912A-1332. 


HOMESTEAD. 

1.  In  Greneral, 

2.  Acquisition. 

3.  Extent    of    Right. 

4.  Loss    of    Eight. 

5.  Alienation  or  Incumbrance. 

1.    In  General. 

Constitutional       provisions       relating      to 
homesteads  as  self-executing.     7-631. 


HOMESTEAD. 


413 


HOMESTEAD— Continued. 

Execution  sale,  injunction  against. 
215. 


1918C- 


Insurable  interest  of  husband  in  home- 
stead on  wife's  property.     2-33. 

Maintenance  or  repair,  trust  therefor  of 
indefinite  duration  as  offending  rule 
against    perpetuities.     1914B-551. 

Eedemption  from  mortgage,  right  of 
married  woman  who  has  right  of 
homestead  in  property.     6-475. 

"Eesidence"  as  synonymous  with  domicile 
with  respect  to  homestead  rights. 
1915C-789. 

Setting  aside  by  probate  court  as  against 
adverse    claimants.     5-193. 

Taxation,  duty  of  surviving  spouse  vested 
with  life  estate  to  pay  taxes.  1917B- 
942. 

2.     Acquisition. 

Actual  residence  as  requisite  to  occupancy 
of  land  under  homestead  laws.  20- 
832. 

Adopting  parent  or  adopted  child,  right 
to  benefit  of  exemption.     21-1032. 

Insolvent  debtor's  right  to  use  assets 
to    acquire    homestead.     1913A-964. 

Priority  as  between  purchase-money  mort- 
gage and  homestead  claim.  1916C- 
949. 

Purchaser  pendente  lite,  person  acquiring 
homestead  as.     1918C-68. 

Putative  wife,  right  to  claim  homestead. 
1913A-242. 

Selection,  necessity  where  property  is  not 
in   excess   of  exemption.     1913C-1281. 

Tenant  in  common,  right  to  acquire  in 
land  held  in  common.     1914B-854. 

Title  in  wife,  right  of  husband  to  assert 
homestead  exemption  from  debts. 
14-1157. 


3.    Extent    of   Right. 

Crops,  homestead  exemption  as  extending 
to.     1912A-120. 

Excess  over  statutory  value,  lien  of  judg- 
ment upon.     16-603. 

Federal    statute    exempting   land    acquirod 
as  homestead  from  liability  for  debt 


HOMESTEAD — Continued. 

contracted  prior  to  issuing  of  patent, 
construction   of   act.     1912D-282. 

Hotel  or  lodging-house,  exemption  as 
extending  to  premises  used  for. 
1913E-1256. 

Marshaling  assets  in  respect  to  home- 
stead  lands.     17-1061. 

Keassignment  upon  increase  or  decrease 
in   value.     16-119. 

Subsequent  occupancy  of  land  for  home- 
stead purposes  as  divesting  lien  of 
prior  judgment  or  attachment.  1913B- 
1147. 


4.    Loss  of  Right. 

Abandonment  or  forfeiture  by  invol- 
untary or  compulsory  absence.  8- 
681;    1917E-112. 

Desertion  of  family,  right  of  husband 
to  deprive  wife  and  family  of  home- 
stead rights  by  deserting  them  and 
abandoning  homestead.     11-423. 

Lease  of  part  of  premises  as  affecting 
homestead  exemption.     16-1038. 

Loss  of  homestead  exemption  by  dissolu- 
tion or  loss  of  family.  12-717;  21- 
1148. 

Widow's  failure  to  occupy  homestead  as 
affecting  her  rights  therein.  12— 
786. 


5.  Alienation  or  Incumbrance. 

Alienation  or  incumbrance  without  joinder 
or  consent  of  wife,  validity  and  effect. 
9-3;    15-1119;    1917A-71. 

Conveyance  of  homestead,  right  to 
reformation.     1916E-1131. 

— validity  of  conveyance  of  homestead  as 
against  creditors.  1917C-994,  1012, 
1014,    1016. 

Judgment  binding  homestead,  power  of 
husband  without  joinder  of  wife  to 
consent   to.     1915B-247. 

Mechanic's  lien  against  homestead. 
1917E-747. 

Partition  of  homestead  after  divorce  or 
separation,  right  of  husband  or  wife. 
6-954. 

Testamentarv  disposition  of  homestead, 
right  to'  make.     21-248;  1914B-271. 


414    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918K    . 


HOMICIDE. 

1.  In  General. 

2.  What  Constitutes  Offense. 

3.  Liability   to   Prosecution. 

4.  Defenses. 

5.  Indictment. 

6.  Evidenc©. 

7.  Instructions. 

8.  Verdict. 

9.  Civil  Bights  Under  Homicide. 

1.    In  General. 

Cruel  and  unusual  punishment,  what  is. 
19-728;    1918B-398. 

Jurisdiction  of  prosecution  where  act  oc- 
curs in  one  state  or  country  and 
death  in  another.     1913E-468. 

"Murder"  word  in  statute  as  including 
manslaughter.     1913C-929. 

Witness,  homicide  as  "crime"  for  which 
witness  may  be  impeached.  1916A- 
276. 

2.     What  Constitutes  Offense. 

Accelerating  death  of  diseased  or  injured 
person,  criminal  responsibility.  4- 
958. 

Accidental  discharge  of  weapon,  homicide 
by.     1-34. 

Adultery,    homicide    during.     1-136. 

Automobile  causing  death  by  reason  of 
negligent  operation  as  manslaughter. 
18-239;  1914A-684;  1918B-1082; 
1918E-1146. 

Fright,  causing  death  by  fright  as  hom- 
icide.    1912A-142. 

"Lying  in  wait,"  what  constitutes  within 
statute  relating  to  homicide.  1916C- 
969. 

Master  of  vessel,  criminal  liability  for 
loss  of  life  of  passenger.     14-461. 

Perilous  condition  created  by  accused 
causing  death  of  another  as  creating 
criminal    responsibility.     16-579. 

Perpetration  of  another  crime,  what  con- 
stitutes   killing    in.     8-973. 

Bpring-gun  or  other  dangerous  contriv- 
ance, setting  thereof  resulting  in 
homicide,    criminal    liability.     15-587. 


HOMICIDE— Continued. 

Unintentional  killing  by  person  engaged 
in  unlawful  act  not  malum  in  »e, 
criminality.     4-800. 

Wilful  or  negligent  omission  of  duty  as 
manslaughter.     13-42;   1914A-577. 


3.    Liability  to  Prosecution. 

Corporations,  liability  to  indictment 
for   homicide.     16-840;    1915B-621. 

Jeopardy,  prosecution  for  murder  or  man- 
slaughter after  conviction  for  assault 
and  death  of  person  assaulted  as 
second  jeopardy.     12-819. 

Person  serving  life  sentence,  liability  to 
trial    and    sentence    for    murder.     14- 

488. 

4.    Defenses. 

Arrest,  officer's  right  to  kill  misdemeanant 
in   order   to    effectuate   arrest.     4-760. 

— person  attempting  to  arrest  escaping 
felon,  right  to  kill.     17-900. 

Consent  or  request  of  victim  as  affecting 
crime  of  murder.     14-994. 

Contributory  negligence  as  defense  to 
criminal  prosecution  for  homicide. 
1912C-501. 

Defense  of  habitation,  homicide  in  de- 
fending.    21-721. 

Duress  as  defense  in  prosecution  for  mur- 
der.    3-1028. 

Heat  of  passion,  degree  of  mental  dis- 
turbance essential  to  reduce  felonious 
killing   to    manslaughter.     9-929. 

Justification,  defense  of  one  occupying 
particular  relation  to  slayer,  killing 
as   justifiable    homicide.     13-1055. 

fc— defense  of  person  other  than  relative, 
killing  as  excusable  homicide.  13- 
1129. 

Peacemaker,  plea  of  self-defense  as  avail- 
able to  person  charged  with  killing 
him.     1913C-265. 

Person  not  in  lawful  pursuit  of  business, 
right    of    self-defense.     9-1134. 

Provocation,  killing  or  assaulting  friend 
or  relative  as  sufficient  to  reduce 
homicide  from  murder  to  man- 
slaughter.    13-1084;   1914B-457. 

Kepelling  attack  without  retreating,  right 
of  person  assaulted  on  his  own  prem- 
ises.    5-999;  15-51. 


HOMICIDE. 


415 


HOMICIDE— Continued. 

Kesisting  arrest,  homicide  as  excusable 
on   ground   of   self-defense.     4-844. 

Supervening  cause,  death  resulting  there- 
from as  defense  to  charge  of  homi- 
cide.    16-576;   1916C-692. 


5.    Indictment. 

"Feloniously,"  necessity  of  using  word  in 
indictment.     11-996. 

Form  of  indictment,  construction  of  stat- 
ute prescribing.     1918C-5o8,  574. 

Human  being,  necessity  that  indictment 
for  homicide  should  allege  deceased 
•was.     20-775. 

Instrument  used,  sufficiency  of  indictment 
with  respect  to   description.     18-314. 

Premeditation  and  deliberation,  necessity 
of   allegation    in   indictment.     3-936. 


6.    Evidence. 
Blood  stains,  law  of  evidence  of.     15-811. 

Burden    of    proof,    accidental    killing    as 

defense.     11-309. 
—self-defense,     burden     with     respect    to 

issue.     1912C-47. 

Character  of  deceased,  admissibility  of 
evidence  in  prosecution.  4-338;  8— 
357;   11-229. 

• — good  character  of  defendant,  right  to 
introduce    evidence    thereof.     11-1189. 

Clothing  worn  by  deceased  at  time  of 
killing,  admissibility  in  evidence. 
1912B-775. 

Coroner's  verdict,  admissibility,  as  evi- 
dence in  subsequent  proceedings.  4- 
1020. 

Infant's  declarations  at  time  of  homicide 
as   part    of   res   gestae.     19160-1187. 

Motive,  necessity  of  proving  in  prosecu- 
tion for  murder.     19120-236. 

—other  crimes,  admissibility  of  evidence 
tending  to  prove  in  order  to  show 
motive.     7-67. 

Physical  condition  or  strength  of  parties, 
admissibility  of  evidence  of  relative 
condition  on  issue  of  self-defense. 
19-124. 

Presumption  of  intent  to  kill  arising  from 
use  of  deadly  weapon  in  manner  not 
ordinarily  employed.     1912A-107. 


HOMICIDE— Continued. 

Reputation  of  deceased's  family,  admissi- 
bility of  evidence  in  prosecution. 
18-983. 

Suicide  as  defense,  admissibility  of  acts 
or  declarations  of  deceased  to  estab- 
lish.    1914D-1279;  19170-372. 

Uncommunicated  threats  by  deceased,  ad- 
missibility in  evidence  in  prosecu- 
tion.    19120-480. 


7.    Instructions. 

Degrees  of  homicide  as  eliminated  from 
consideration  of  jury  in  case  of  mur- 
der committed  in  perpetration  of 
felony.     18-590. 

"Feloniously,"  necessity  of  using  word 
in  instruction  defining  murder,  man- 
slaughter,  etc.     13-550. 

Lesser  degrees  of  homicide,  duty  of  court 
to  instruct  without  special  request. 
3-139. 

Punishment  imposed  for  various  degrees 
of  homicide,  propriety  of  instruction 
as  to.     1917A-752. 

Self-defense,  duty  of  court  to  instruct  as 
to  self-defense  where  accused  denies 
killing.     19-120. 


8.    Verdict. 

Conviction  of  involuntary  manslaughter 
under  indictment  for  murder.     1914B- 

1012. 

Error  in  instruction  with  respect  to  lower 
degree  of  homicide  as  cured  by  ver- 
dict of  guilty  of  murder  in  first  de- 
gree.    1913A-735. 

Lesser  degree  of  murder,  conviction  as 
bar  to  prosecution  for  higher  degree 
on   new   trial.     4-779;    6-996. 

— right  of  jury  under  indictment  or  infor- 
mation charging  act  declared  by  stat- 
ute to  be  murder  in  first  degree  to 
convict  for  lesser  degree.  12-1081; 
1916C-556. 


9.     Civil  Eights  Under  Homicide. 

Burglar    or    supposed    burglar,    civil    lia- 
bility for  killing.     1914B-581. 

Death    by   wrongful    act,   justifiable   homi- 
cide as  defense.     18-641. 


416     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


HOMICIDE — Continued. 

Estate  by  entirety,  effect  of  murder  of 
one   spouse   by   other.     11-907. 

Succession  by  murderer  to  property  of 
victim.  2-658;  14-99;  1916A-384, 
680. 

Workmen's  compensation,  homicide  as  ac- 
cident arising  out  of,  and  in  course 
of,    employment.     1916B-1302. 


HOOKS  AND  EYES. 

Trademark    or    trade    name    as    infringed 
by  similar  name.     1915B-346. 

HORSE-PLAY. 

See  Iiarking  or  Joking. 


HORSE-RACING. 

Betting     on     horse-races     as     gaming    or 

gambling.     6-693;    11-280. 
Licensing    or    regulating    ra«es,    validity 

of  statute.     8-1016. 


HORSES. 

Docked  tails,  prohibition  of  docking  or 
use  of  horses  with  docked  tails,  va- 
lidity   of    statute.     13-1032. 

Exemption  of  horses  from  execution,  con- 
struction   of    statutes.     6-779. 

Express  warranty  of  soundness  on  sale, 
construction.     21-1003. 

Frightening  horse  by  train  or  cars  as 
subjecting  railroad  to  liability.  3- 
1070. 

Independent  contractor  for  municipality, 
liability  for  injuries  to  runaway 
horse.     1914C-254, 

Larceny  of  horse,  sufficiency  of  proof 
with  respect  to  description  in  indict- 
ment.    17-739. 

Owner  of  premises,  liability  for  using 
in  such  manner  as  incidentally  to 
frighten  horse  on  highway.  1912C- 
461. 

Runaway  horse  causing  injuries,  liability 
of  owner.     5-877;    10-865;    17-812. 


HORSESHOERS. 

Lien     for     shoeing     horse,     assignability. 

1916A-619. 
Qualifications,     constitutionality     of     laws 

requiring      special      qualification.     1- 

930. 


HORTICULTURE. 

Diseased  fruit  trees,  fruit  or  vegetables, 
validity  of  statute  providing  for  de- 
struction.    1917E-220. 

Workmen's  Compensation  Act  as  applica- 
ble to  horticultural  labor.  1917D- 
23. 


HOSPITAL  RECORDS. 

Eecords  of  hospital  or  other  institutions 
as  within  rule  of  privileged  com- 
munications between  physician  and 
patient.     1915D-151. 


HOSPITALS  AND 
ASYLUMS. 

In  General. 

Building  restriction  confining  use  of  prop- 
erty to  dwelling-house  as  applicable 
to    hospital    or   asylum.     1912D-4S0. 

Exemption  from  taxation  as  charity. 
1917B-278. 

Gift  for  establishment  of  hospital  as 
charitable   gift.     1912D-58. 

Injunction  against  private  hospital  or 
sanatorium  for  contagious  or  infec- 
tious   diseases.     15-719;    1912B-1131. 

Municipal  corporation,  power  to  take 
hospital  as  trustee.     17-748. 

Nuisance,  hospital  or  asylum  as.  1916A- 
126. 

— municipal  hospital  for  contagious  dis- 
eases as  nuisance.     6-823. 

Eecords  of  hospital  within  rule  of  privi- 
leged communications  between  physi- 
cian  and  patient.     1915D-151. 

School,  hospital  or  orphan  asylum  as 
within     classification.     1912B-1356. 

— funds,  validity  of  expenditure  for 
maintenance  of  orphan  asylum. 
1917C-924. 

Statutes,  effect  of  partial  invalidity  of 
statute  relating  to  hospitals  or 
asylums.     1916D-60. 

Superintendent  of  asylum  as  municipal 
officer.     1914D-1237. 

Tuberculosis  hospital,  validity  of  legis- 
lation providing  for  establishment. 
191oC-315. 


HOTCHPOT— HOUSES. 


417 


HOSPITALS  AND  ASYLUMS— Continued. 

Liability   for   Tort   or   Ncaligence. 

Charitable  institution,  liability  of  private 
institution  for  negligence  of  em- 
ployees. 4-104;  11-160;  1913E-1129; 
1915C-586;    1916E-252;   1918E-1174. 

Hospital    chart    as    evidence.     1916C-78. 

Insane  institution,  negligent  or  tortious 
acts  of  inmate,  liability  for.     12-829. 

— unlawful  detention  therein,  right  to 
damages.     1917C-162. 

Master  conducting  hospital  for  servants, 
liability  as  affected  by  negligence  of 
hospital  employees.     14-749. 

Municipal  liability  for  negligence  in  re- 
spect to  condition  or  services  inci- 
dent to  hospitals,  pesthouses  and 
almshouses.     4-624;    1918D-S03. 

Private  hospital  or  sanatorium,  liability 
of  owner  or  proprietor  for  negligence 
of    employees.     8-1046;     1915B-1229. 

Tort  of  officer  or  employee  of  hospital 
or  asylum,  personal  liability.  1915D- 
775. 


HOTCHPOT. 

Advancements  brought  into  hotchpot, 
effect  as  to  interest  chargeable. 
1918E-215. 


HOTELS. 

See   Innkeepers. 

Burglary,  description  in  indictment,  suffi- 
ciency.    1913D-873. 

Homestead  exemption  as  extending  to 
premises  used  for  hotel  or  lodging- 
house.     1913E-1'^56. 

Inn  and  tavern  as  synonymous  with  hotel. 
1914B-874. 

Intoxicating  liquors,  "hotel"  within  stat- 
ute permitting  sale  on  Sunday.  17- 
818. 

— what  is  hotel  within  statute  regulating 
sale    of    liquor.     1913B-1030. 

Licensing  or  regulating,  validity  of  stat- 
ute  or   ordinance.     1916C-290. 

Official  inspection  of  inns  or  hotels,  va- 
lidity and  construction  of  statute. 
1912B-827. 

Railroad  company's  power  to  conduct 
hotel.     4-911. 

Index  to  Notes — 27 


HOURS. 

Fractions  of  day  doctrine  in  computation 
of  time.     2-137. 


HOURS  OF  LABOR. 
See  Labor  Laws. 

HOURS  OF  SERVICE  ACT. 

Construction  of  federal  act.  1915D-456; 
1918C-797. 

HOUSEBOAT. 

Burglary,  description  in  indictment,  suffi- 
ciency.    1913D-876. 

HOUSE  BUILDERS. 

Trade,  house  builder  as  engaged  in. 
1916A-1200. 

HOUSEHOLDER. 

Head  of  household  harboring  dog  of 
other  member  of  household,  liability 
for  injuries  caused  by  it.  1914B- 
609. 

HOUSEHOLD  EXPENSES. 

Wife's  Uability.     1917C-561,  577,  579. 

HOUSEHOLD  GOODS. 

Baggage  of  passenger,  household  goods  as. 
21-733. 

Conversion  or  failure  to  deliver,  measure 
of  damages.     3-891;  1917B-585. 

Exemption  statute,  meaning  of  term 
"necessary"  as  applied  to  household 
furniture.     1918D-174. 

HOUSEHOLD  SERVICE. 

Trade,  household  service  as.     1916A-1200. 

HOUSES. 

Land  as  included  under  term  "house." 
1914B-1239. 

Village  as  meaning  assemblage  of  houses, 
1918D-259. 


418    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918Ei. 


HOUSE-WRECKING. 

Liability  of  master  to  servant  for  in- 
juries received  in  performance  of 
■work.     20-249. 


HUCKSTERS. 

See  Hawkers  and  Peddlers. 


HUMAN  BEINaS. 

Natural  laws  relating  to,  judicial  notice. 
18-586. 

Necessity  that  indictment  for  homicide 
should  allege  that  deceased  was. 
20-775. 


HUMANE  SOCIETY. 

Seizure   of   animals   by,   Validity   of   stat- 
utes authorizing.     14-916. 


HUMBUG. 

Calling     person     "humbug"     as     libel     or 
slander.     1913B-256. 


HUMILIATION. 

Damages,  humiliation  or  mortification  on 
account  of  disfigurement  as  element 
of  damages  recoverable  for  personal 
injuries.     1918D-65. 


HUNTING. 

Discrimination  between  persons  or  classes 
as  to  right  to  hunt  game,  constitu- 
tionality of  game  law.     19-239. 

License  to  hunt  game,  validity  of  stat- 
ute requiring.     1916C-134. 

Private  grant  or  reservation  of  privilege, 
construction.     1914B-546. 

Eight  to  hunt  on  navigable  waters.  15- 
708;   1915C-1152. 

Sportsman  shooting  another  person,  civil 
liability.     20-126;   1918C-386. 


HURRICANES. 

Storm    contemplated    by    cyclone    or    tor- 
nado insurance.     1913A-272. 


HUSBAND  AND  WIFE. 

1.  In  General. 

2.  Antenuptial  Agreements. 

3.  Bights  and  Liabilities  Inter  Se. 

4.  Bights    and    Liabilities    as    to    Third 

Persons. 

5.  Alienation  of  Affections. 

6.  Criminal  Conversation. 

7.  Community  Property. 

8.  Damages  for  Personal  Injuries. 

9.  Separation  Agreements. 

10.  Abandonment  and  Nonsupport. 

11.  Actions. 

12.  Witnesses. 

See  Adultery;  Alimony;  Curtesy;  Divorce; 
Dower;  Entirety;  Marriage. 

1.  In   Greneral. 

Acknowledgment  by  married  woman, 
rights  of  parties  where  invalid  or  de- 
fective.    1918E-631,   648. 

Affinity  relationship  of  husband  or  wife 
as  terminated  by  dissolution  of  mar- 
riage.    1912B-1028. 

Assignment  of  insurance  in  wife's  favor 
on  life  of  husband,  validity  and 
effect.     1917B-302. 

Beneficial  associations,  "dependent"  used 
to  designate  beneficiary  as  including 
wife.     7-358;    17-867. 

'—"family"  in  benefit  certificate  as  in- 
cluding wife.     7-684;   11-570. 

Bequest  or  devise  to  "wife"  of  testator, 
construction  as  applied  in  cases  of 
more  than  one  lawful  wife  and  where 
marriage    was    unlawful.     12-756. 

Bill  of  discovery,  married  woman  as  party 
defendant.     20-910. 

Conduct  of  relatives,  right  of  wife  to 
leave  marital  home  because  of  hus- 
band's relatives.  1914B-633;  1916E- 
209. 

Declarations  by  one  spouse  in  pretence 
of  other,  admissibility  in  criminal 
prosecution.     19-528. 

— implied  admission  arising  from  state- 
ment by  spouse  in  presence  of  and 
not  denied  by  other  spouse.  1918C— 
34. 


HUSBAND  AND  WIFE. 


419 


'HUSBAND  AND  WIFE — Continued. 

Deed  by  married  woman,  rights  of  parties 
where  invalid  for  want  of  acknowl- 
edgment.    1918E-631. 

Domicile  of  wife  after  death  of  hus- 
band.    1913E-1196. 

— separate  domicile,  right  of  wife  to  ac- 
quire after  abandonment  of  marriage 
relation.     1912D-397. 

—tax  purposes,  domicile  of  wife  for. 
1917B-732. 

Execution  sale  of  separate  property  of 
wife  under  execution  against  hus- 
band, right  of  wife  to  enjoin. 
1918C-195,   209. 

Executor  de  son  tort,  intermeddling  of 
surviving  spouse  as  constituting. 
1917E-6. 

Freeholder,  husband  or  wife  of  owner  in 
fee  as  "freeholder."     1913D-329. 

Homicide   during   adultery.     1-136. 
— defense  of  wife,  homicide  by  husband  as 
justifiable.     13-1055. 

Larceny  of  property  of  wife,  allegation 
of  ownership  in  indictment  or  infor- 
mation.    6-163. 

t^  Libel  and  slander,  communications  be- 
tween spouses  as  privileged.  1917E— 
896. 

"Living  together,"  what  constitutes  by 
husband  and  wife.     1915B-880. 

Mechanic's  lien,  wife  or  husband  as  neces- 
sary or  proper  party  to  foreclosure 
action  against  property  of  other 
spouse.     1918B-14. 

Pauper  within  poor  laws,  husband  or  wife 
as.     20-762. 

Prostitution  or  fornication,  whether  mar- 
ried woman  can  be  guilty.  1916A- 
321. 

Purchaser  pendente  lite,  spouse  acquiring 
interest  through  marriage  as.  1918C- 
€8. 

Reconciliation  after  starting  matrimonial 
action,  power  of  court  to  allow  at- 
torneys' fees.     1913A-798. 

Surgical  operation  on  wife,  necessity  of 
husband's    consent.     5-307. 

Taxation,  residence  of  husband  or  wife 
for  purpose  of  taxation,  what  con- 
stitutes.    1917B-731. 

Testamentary  capacity  as  affected  by  in- 
sane delusion  as  to  fidelity  of  spouse. 
1916C-16. 


HUSBAND  AND  WIFE— Continued. 

"Workmen's  compensation,  "dependent" 
within  act  as  including  wife.  1918B- 
756. 

— wife  absent  from  husband  as  "de- 
pendent"   withiH    act.     1913E-483. 


2.    Antenuptial  Agreements. 

Antenuptial  conveyances,  fraud  on  mari- 
tal   rights.     1-860;     13-104. 

— setting  aside  conveyance  in  fraud  of 
marital  rights,  to  what  extent. 
1914D-293. 

—validity  of  conveyance  in  considera- 
tion of  marriage  as  against  creditors 
of  grantor.     21-473. 

Cancellation  of  antenuptial  contract,  ad- 
missibility of  declarations  of  hus- 
band on  issue.     1914A-793. 

Dower  or  like  interest  in  property  of 
intended  spouse,  effect  of  failure  of 
consideration  for  agreement  for  re- 
lease.    1918A-1168. 

— validity  of  antenuptial  agreement  for 
release  of  dower  and  the  like.  4- 
804;    16-710;    1914B-620;    1916D-994. 

Infant,  disaffirmance  of  marriage  settle- 
ment after  attaining  majority,  right 
of.     12-861. 

Inheritance  rights,  construction  of  ante- 
nuptial contract  with  respect  to  re- 
lease  of   rights.     1914C-192. 

Oral  agreement  as  validated  by  post- 
nuptial contract  or  conveyance  in 
writing.     13-559;   1915A-271. 

Parol  evidence  to  show  waiver  of  pro- 
vision in  written  antenuptial  con- 
tract.    1912B-279. 

Partial  invalidity  of  antenuptial  agree- 
ment,   effect.     1918B-925. 

Specific  enforcement  of  antenuptial  con- 
tract made  by  third  person,  right,  of 
party  to  marriage.     9-603. 


3.    Bights   and   Liabilities   Inter   Se. 

In  General. 

Adverse  possession  by  one  spouse  against 
third  person  as  inuring  to  benefit  of 
other    spouse.     1912C-1174. 

— wife's  right  to  acquire  title  to  hus- 
band's lands  by  adverse  possession. 
I912A-570. 


420    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918B. 


HUSBAND  AND  WIFE— Continued. 

Bastardy  proceedings,  right  of  married 
woman  to  maintain.     19-389. 

Civil  action  at  law,  right  of  one  spouse 
to  maintain  against  the  other.  3- 
145;  6-1032;  14-881;  21-924;  1915D- 
*73;  1917C-903;  1918C-777. 

Control  or  custody  of  wife,  right  of  hus- 
band.    1914C-1147. 

Conveyance  by  wife  directly  to  husband, 
validity  where  husband  is  required 
to  join  in  wife's   deed.     20-1331. 

Debts  between  spouses  as  extinguished  by 
marriage    of    parties.     16-221, 

Deserted  wife,  right  to  recover  for  loss 
of  services  of  minor  child  resulting 
from  negligence  of  another.  1912A- 
991. 

Estate  by  entirety,  wife's  right  to  profits, 
crops  and  usufruct.     4-1101. 

Gift  by   husband  to   wife,   enforceability. 

16-374. 
—property     given     wife     before     divorce, 

right  of  husband  to  recover.     1912C- 

722. 

Homestead,  alienation  or  incumbrance 
without  joinder  or  consent  of  wife, 
validity  and  effect.  9-3;  15-1119; 
1917A-72. 

-power  of  husband  without  joinder  of 
wife  to  consent  to  judgment  binding 
homestead.     1915B-247. 

^right  of  husband  to  deprive  wife  and 
family  of  homestead  rights  by  desert- 
ing them  and  abandoning  home- 
stead.    11-423. 

—'title  of  homestead  property  in  wife, 
right  of  husband  to  assert  exemption 
from  debts.     14-1157. 

Improvements     made     on     lands     of     one 
spouse    by    the    other,    right    to    com- 
pensation   or    lien.     14-1178;    1912A- 
.1194. 

Insurable  interest  of  husband  in  property 
of   wife.     2-32;    19-253. 

Jewelry  bought  with  husband's  money 
for  wife's  use,  ownership  as  between 
spouses.     16-508. 

Limitation  of  actions  between  spouses, 
exceptions  to  statute  as  impliedly 
excluded  when  not  enumerated.  1- 
644;   16-906. 

—running  of  statute  against  claims  ex- 
isting between  husband  and  wife. 
1914C-570. 


HUSBAND  AND  WIFE— Continued. 

Marital  rights  as  affected  by  death  of 
spouse  pending  divorce  action  before 
final  decree.     1914B-1094. 

Money  claims  between  husband  and  wife 
as  affected  by  allowance  of  alimony. 
21-967. 

Murder  of  one  spouse  by  the  other  as 
forfeiting  right  of  succession  to  prop- 
erty  or    insurance.     2-659;    7-976. 

Necessaries  furnished  to  wife,  divorce  de- 
cree as  res  judicata  with  respect  to 
liability.     1916B-875. 

Partnership,  validity  between  husband 
and   wife.     4-868. 

Personalty  of  husband,  right  to  dispose 
of  during  coverture  as  against  wife. 
10-1053;   1918B-934. 

Putative  wife,  property  rights  of.  1913A- 
236. 

Eedemption  of  mortgages,  right  of  wife 
during  life  of  husband.  6-475;  15- 
315. 

Eefusal  of  wife  to  follow  husband  to  new 
domicile  as  desertion.     5-852. 

Resulting  trust,  absolute  conveyance 
under  oral  agreement  between 
spouses  to  hold  in  trust  or  recover 
lands  conveyed.     2-778. 

— funds  furnished  partly  by  each  spouse, 
purchase  in  name  of  one  as  creating 
resulting  trust.     1915D-654,  657. 

— husband's  purchase  in  name  of  wife 
as  creating  resulting  trust.  1915C- 
1082,   1097,   1102. 

— wife's  money  used  by  husband  for 
purchase  in  own  name  as  creating  re- 
sulting trust.  1915D-625,  643,  649; 
1918E-900. 

Suretyship,  wife's  right  to  become  surety 
for  husband.  1917B-597,  617,  618, 
623,    625. 

Tax  title  to  husband's  land,  right  of 
wife   to   acquire.     10-986. 

—wife's  land,  right  of  husband  to  acquire 
tax  title.     1913E-545. 

Transfers  of  property  between  spouses, 
construction  of  statute  requiring  them 
to   be   in   writing.     1914B-394. 

Wages  of  husband,  assignment  as  invalid 
without  consent  of  wife,  validity  of 
Statute.     1917A-760. 


HUSBAND  AND  WIFE. 


421 


HUSBAND  AND  "WIFE— Continued. 

Crimes. 

Arson,  'burning  property  of  one  spouse  by 
other  as  constituting.    16-867;  1915 A- 

587. 

Duress   of  wife   as   defense  to   charge   of 
crime,  burden   of  proof.     1912B-1112.' 

Embezzlement  between  husband  and  wife. 
21-127. 

Larceny  between   husband  and  wife.    2- 
37;  1913B-252. 

Kape   or  assault   to  rape  by  husband  on 
wife.     13-498. 


4.    Bights    and    Liabilities    as    to    Third 
Persons. 

Accommodation  maker  of  indorser,  con- 
flict of  laws  respecting  liability  of 
married  woman.     20--618. 

Agency  of  wife  for  husband  as  implied. 
1913C-879. 

Antenuptial  debts  of  wife,  liability  of 
husband.     1915C-857. 

Automobile,  liability  of  owner  for  act  of 
wife  driving  same.     1917E-228. 

— negligence  of  husband  as  driver  as  im- 
putable to  wife  riding  as  passenger. 
1918B-841. 

"Carrying  on  business,"  meaning  of  term 
in  statute  imposing  liability  on  mar- 
ried women.     18-33. 

Confession  of  judgment,  power  of  married 
woman.     10-714. 

Contract  of  wife  induced  by  threats  of 
criminal  prosecution  of  husband,  va- 
lidity and  effect.     11-385. 

"Conveyance"  as  including  lease  under 
Married  Women's  Property  Act. 
1913D-10O1. 

Counsel  fees  incurred  by  wife  in  divorce 
action,  liability  of  husband.  15-21; 
1917A-689,  702. 

Creditor's  bill,  property  of  wife  of  debtor 
as  reachable  by.     1914B-960. 

Debt  contracted  by  wife  in  her  own  name 
and  credit,  husband's  promise  to  pay. 
9-1067. 

Deeds,  after-acquired  title,  joinder  of 
spouses  in  bargain  and  sale  deed  of 
husband's  land  as  estoppel  of  wife  to 
eet  up.     1916A-797,  806. 


HUSBAND  AND  WIFE— Continued. 

— omission  of  grantor's  name  from  body 
of  deed  by  husband  and  wife,  effect. 
12-203;    1912C-1050. 

Estoppel  of  man  representing  woman  as 
wife  to  deny  liability  for  purchases 
by  her.     1913D-1062. 

—wife  who  permits  husband  to  retain  re- 
cord title  to  her  realty  as  estopped  to 
deny  such  title  as  against  one  extend- 
ing credit  to  husband.  1914C-1066; 
1918E-1199. 

Executrix,  right  of  married  woman  to  act 
as.     1913B-1165. 

TPire  insurance,  acts  of  one  spouse  as  affect- 
ing liability  of  insurance  company  for 
loss  of  property  of  other  spouse  by 
fire.     6-5S8. 

Fraudulent  conveyance,  purchase  by  hus- 
band and  conveyance  to  wife  in  fraud 
of  creditors,  effect  on  rights  of 
parties.     1915C-1091;  1917B-225. 

Funeral  expenses,  husband's  liability  for 
wife's.     1-172;    1917B-1164. 

— wife's   liability   for   husband's.     18-856. 

Gift  of  personalty  by  married  woman  to 
person  other  than  husband,  validity. 
4-586;  1914C-884. 

Household  expenses,  liability  of  wife. 
1917C-561,  577,  579. 

Imprisonment  of  husband,  right  of  wife 
to    recover   damages.     1916C-481. 

Incorporator,  power  of  married  woman  to 
be.     11-807. 

Infant  married  woman,  right  to  prosecute 
action  with  husband  as  'coplaintiff 
without  appointment  of  guardian  or 
next  friend.     9-1116. 

Joinder  of  husband  and  wife  in  action 
relating  to  property  held  by  both. 
6-361. 

Judgment  against  married  woman  sued  in 
maiden  name,  validity.     16-795, 

Limitation  statute  as  affected  by  Married 
Women's  Acts.     3-817. 

Medical  attendance  upon  husband,  liability 
of  wife.     5-832.    . 

Money  lost  by  husband  in  gambling,  right 
of  wife  to  recover.     1914C-1081, 

National  bank  shares,  liability  of  married 
woman  to  assessment  on  shares  ov/ned 
by  her.     5-743. 


422    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  191 8E. 


HUSBAND  AITD  WIFE — Continued. 

Necessaries,  dental  charges  on  wife's  con- 
tract as  necessaries  for  which  husband 
is  liable.     1912C-142. 

— ^wife's  authority  to  purchase  necessaries 
during  cohabitation  with  husband. 
1915A-3. 

Negligence  of  one  spouse  as  imputable  to 
other  in  action  to  recover  for  death 
of  child.     1914B-35. 

Services  performed  by  wife  outside  home, 
coifsent  by  husband,  necessity  of 
showing  in  order  to  entitle  wife  to' 
recover.     1915C-1185. 

Specific  performance  of  husband's  contract 
to  convey  realty  when  wife  refuses 
to  join.     14-671;  1914A-207. 

Stockholder,  liability  of  married  woman 
as.     1912C-400. 

Suretyship,  discharge  of  wife  as  surety 
for  husband  as  discharge  of  security 
given  by  her.     12-551. 

— mortgage  by  wife  of  separate  property 
for  husband's  debt  as  creating  rela- 
tion of  suretyship.     5-643;  I912D-108. 

Torts,  dog  of  one  spouse  harbored  by 
other,  liability  for  injuries  caused  by 
it.     1914B-608. 

— ^liability  of  wife  for  torts  of  agent. 
21-875. 

— voluntary  torts  of  wife,  liability  of  hus- 
band. '  9-1225;  16-378;  1913D-997; 
191oD-1206. 

Trustee  of  express  trust,  power  of  married 
woman  to  act  as.     7-1082. 


5.    Alienation  of  Affections. 

Action  by  wife  for  alienation  of  affections 
or  criminal  conversation.  6-661;  8- 
674;  14-47;  1912C-1179;  1916C-748. 

Acts  committed  after  separation  of 
spouses,  admissibility  of  evidence. 
1917D-484. 

Affianced  person,  right  of  action  for  alien- 
ation of  affections.     191oB-544. 

Bankruptcy  discharge  as  affecting  judg- 
ment for  alienation  of  affections. 
3-169;   12-1011. 

Condition  precedent,,  actual  separation  or 
abandonment  as  prerequisite  to  action. 
1918A-647. 

Divorce  as  affecting  right  to  maintain 
action  for  alienation  of  affections  or 
criminal  conversation.     1912D-619. 


HUSBAND  AND  WIFE — Continued. 

Excessive  verdict  in  action  for,  what  is. 
1912A-950. 

Financial  circumstances  of  defendant,  ad- 
missibility   of    evidence.     1914B-803. 

Lack  of  affection  between  husband  and 
wife  as  defense  to  action,     7-689. 

Limitations  applicable  to  action  by  wife 
for  alienation  of  affection.  1912C- 
1183. 

Parent  or  guardian,  right  of  wife  to  main- 
tain action  against.  8-813;  1917E- 
1019. 

Relative  other  than  parent  or  guardian, 
liability  for  alienation  of  affections. 
1917E-1027. 

Ees  judicata,  divorce  decree  as  conclu- 
sive with  respect  to  alienation  of 
affections.     1916B-875. 


6.    Criminal  Conversation. 

Action  by  wife  for  criminal  conversation. 
6-661;  8-674;  14-47;  1912C-1179; 
1916C-748. 

Bankruptcy  discharge  as  affecting  judg- 
ment for  criminal  conversation.     3-169. 

Compromise  of  action,  legality  of  contract 
affecting.     1913A-705. 

Condonation  as  defense  to  action  by  hus- 
band.    10-62. 

Connivance  by  husband  as  bar  to  action. 
5-867. 

Divorce  decree  against  spouse  as  affecting 
his  or  her  right  to  maintain  action. 
1912D-619. 

Proof  of  marriage  in  action  for  criminal 
conversation.     15-870;    1917A-755. 

Witness,  competency  of  husband  or  wife 
as  witness  in  action.  1912D-1121; 
1915B-713. 


7.    Community  Property. 

Bona  fide  purchase  doctrine  as  applicable 
to  purchaser  of  community  property. 
1918C-469. 

Debts  or  claims  for  which  community 
property  is  liable.     1913A-319. 

Execution  sale  of  community  property,  in- 
junction against.     1918C-202. 

Inheritance  tax,  community  property  as 
subject  to.     1913D-496. 


HUSBAND  AND  WIFE. 


423 


HUSBAND  AND  WIFE— Continued. 

Putative  wife,  rights  with  respect  to  com- 
munity   property.     1913A-237. 

Removal  into  community  property  state  as 
affecting  separate  property  rights  of 
married  persons  theretofore  acquired. 
13-840. 


8.    Damages  for  Personal  Injuries. 

Consortium,  husband's  right  to  recover  for 
loss  in  action  for  personal  injuries  to 
wife,  where  statute  gives  wife  right 
of  action  for  injuries.  1912B-1125; 
1916C-886. 

— ^wife's  right,  in  absence  of  statute,  to 
maintain  action  for  injury  or  loss  of 
consortium.     1913A-989;    1918D-208. 

Contributory  negligence  of  one  spouse  as 
bar  to  recovery  for  injuries  to  other. 
1912A-647. 

— imputation  of  husband's  contributory 
negligence  to  wife.     3-704. 

Death  by  wrongful  act,  excessiveness  or 
inadequacy  of  verdict  in  action  for 
death  of  spouse.  19150-450,  455; 
1916B-464,  465. 

— husband's  death,  measure  of  damages  re- 
coverable by  wife.     3-103;  16-932. 

— res  judicata,  recovery  by  administrator 
•  as  bar  to  recovery  by  husband  for 
tort.  .  14-554. 

— wife's  death,  measure  of  damages  re- 
coverable by  husband.     1915A-700. 

Earnings  of  married  woman,  loss  in  con- 
sequence of  personal  injuries  as  ele- 
ment of  damages.     4-205;  6-412. 

Excessiveness  or  inadequacy  of  verdict  in 
action  by  husband  for  personal  injury 
to  wife.  16-55;  1913A-1385;  1916B- 
446. 

— telegraph  case,  excessiveness  of  verdict 
for  mental   anguish.     1913B-248. 

Loss  of  unborn  child  as  element  of  dam- 
age in  action  for  personal  injuries  to 
wife.     19-266. 

Notice  to  municipality  as  prerequisite  to 
action  by  husband  for  injury  to  wife. 
1916E-560. 


9.    Separation  Agreements. 

Bankruptcy  of  husband  as  affecting  ob- 
ligation arising  under  separation 
agreement.     1912B-668. 


HUSBAND  AND  WIFE— Continued. 

Counsel  fees  pending  action  based  on  sep- 
aration agreement,  power  of  court  to 
allow.     1914B-409. 

Divorce  as  barred  by  separation  agree- 
ment.    1916C-347,  367,  368. 

Homestead,  conveyance  by  husband  alone, 
validity  under  separation  agreement. 
1917A-77. 

— partition  of  homestead,  right  of  husband 
or  wife  after  separation.     6-954. 

Eeconciliation  of  husband  and  wife  sub- 
sequent to  separation  agreement, 
effect  thereon.     1913A-1331. 

Release  of  dower  to  husband,  right  of 
married  woman  under  separation 
agreement.     1917A-50. 

Validity  of  separation  agreement,  as  de- 
pendent on  manner  of  execution. 
1913D-265. 

Widow's  allowance  as  affected  by  volun- 
tary  separation.     1916C-866. 


10.    Abandonment  and  Nonsupport. 
In  General. 

Domicile,  abandonment  of  marriage  rela- 
tion, right  of  wife  to  acquire  separate 
domicile.     1912D-397. 

Dower  right  as  barred  by  separation  of 
wife  accompanied  by  adultery.    5-230. 

Duress,  threat  of  abandonment  by  spouse 
as    duress.     1917A-174. 

Homestead,  right  to  partition  after  divorce 
or  separation.     6-954. 

— validity  of  husband's  alienation  as 
affected  by  separation  of  spouses. 
15-1121. 

Insane  wife,  support  outside  matrimonial 
home,  liability  of  husband.     4-787. 

Leaving  marital  home  because  of  conduct 
of  husband's  relatives,  right  of  wife. 
1914B-633;  1916E-209. 

Legacy  or  devise  conditioned  on  recipient 
obtaining  separation  from  spouse,  va- 
lidity.    1917B-167. 

Maintenance  to  either  spouse,  power  of 
court  to  decree  independently  of 
divorce  proceedings.  1913D-1132; 
1914B-932. 

Ne  exeat  in  suits  by  wife  against  husband 
for  support.     3-295. 


424    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


HUSBAND  AND  WIFE— Continued. 

Ciiminal  Liability. 

Gruel  and  unusual  punishment  for  non- 
support  of  wife,  what  constitutes. 
1918B-399. 

Infant,  criminal  liability  for  nonsupiport 
of  wife.     1914D-590. 

Nonsupport  of  wife  having  separate  prop- 
erty or  income.     1916A-8o6. 

Separation  agreement  as  bar  to  criminal 
prosecution  for  failure  to  support. 
1912D-1096. 

Statute  making  it  crime  for  husband  to 
abandon  or  fail  to  support  wife,  va- 
lidity.    1912B-280. 

Venue  of  criminal  prosecution  of  husband 
for  abandonment  of  wife.     1913C-59d. 


11.    Actions. 

Actions  between  husband  and  wife,  right 
to  file  cross-bill  for  divorce  in  action 
by  spouse  for  other  relief.    1912B-743. 

Counsel  fees  in  action  based  on  separation 
agreement,  power  of  court  to  allow 
pending  action.     1914B-409. 

Joinder  and  splitting  claims  for  injury  to 
person  and  property  arising  out  of 
single    tort.     3-464;    1912D-257. 

Parties,  joinder  of  causes  of  action  as 
necessitating  joining  spouses  as  de- 
fendants.    3-287. 

12.     Witnesses, 

Agency,  competency  of  husband  or  wife 
respecting  transaction  wherein  witness 
acted  as  agent  for  spouse.     1915B-945. 

Alleged  spouse,  competency  as  witness 
against  other  in  absence  of  valid  mar- 
riage.    6-1021. 

Bigamy,  competency  of  spouse  as  witness 
in    prosecution.     12-114;    1916C-1060. 

Common-law  rules  as  to  competency  of 
husband  and  wife  as  witnesses  against 
one  another  in  criminal  eases.     2-881. 

Communications  between  husband  and 
wife,  right  of  third  person  overhear- 
ing to   testify   to.     10-179. 

Compelling  defendant  in  criminal  case  to 
object  to  spouse  as  witness  as  reversible 
error.     19loD-362. 

Conversation  or  statement  by  spouse  in 
presence  of  third  person,  competency 
of  other  spouse  to  testify  to.  1916B- 
602. 


HUSBAND  AND  WIFE— Continued. 

Criminal  conversation,  competency  of 
either  spouse  as  witness  in  action. 
1912D-1121;    1915B-713. 

Death  of  spouse  as  affecting  competency 
of  survivor.     1917D-216. 

Deed  or  mortgage  executed  by  one  spouse, 
competency  of  other  spouse  as  attest- 
ing witness.     15-592. 

Disability  of  spouse  as  witness  removed 
by  statute,  right  to  compel  one  spouse 
to  testify  for  or  against  other.     19-55. 

Divorce  as  affecting  competency  of  hus- 
band or  wife  as  witness.  1912B-120U; 
1918E-193. 

Failure  of  accused  to  call  his  wife  as  wit- 
ness, right  of  counsel  to  comment  on. 
17-421;   1913D-5o9. 

Letters  between  husband  and  wife,  admis- 
sibility in  evidence  against  writer. 
3-915;   1912B-1001;   1915B-427. 

Nonaccess  of  husband,  admissibility  of 
testimony  of  married  woman  to  prove. 
6-816;   15-764;   1917A-1031. 

Privileged  nature  of  communication  be- 
tween husband  and  wife  as  extending 
to  writing  intended  to  be  seen  only 
after  death  of  writer.     1915B-273. 

Prosecution  of  husband  for  crime  against 
child  of  wife,  competency  of  wife  as 
witness.     1916A-617. 

Resulting  trust  arising  from  purchase  by 
husband  with  wife's  money,  compe- 
tency of  husband  or  wife  as  witness 
on  issue.     1915D-628. 

Testamentary  capacity,  competency  of  tes- 
timony of  one  spouse  as  to  capacity 
of   other.     1916A-1060. 

Will,  competency  of  husband  or  wife  of 
beneficiary  as  witness.  1917A-833, 
836,  838. 


HYDRAULIC  INCH. 

Meaning  as  used  with  respect  to  measure- 
ment of  water.     1916B-1235. 


HYPOTHETICAL  QUES- 
TIONS. 

Necessity   for   containing   all   evidence   on 

point  in  issue.     18-646. 
Voir   dire   examination    of   juror,   right   to 

ask  by  hypothetical  questions.    1913D- 

680. 


ICE— IDENTITY  AND  IDENTIFICATION. 


425 


ICE. 

Abutting  oTvner,  deposit  of  ice  in  street, 

right  to.     1913D-187. 
— ^removal  of  ice  from  highways,  liability 

of  abutting  owner.     1-946. 

Carrier  of  passengers,  steps  of  passenger 
vehicles,  liability  of  carrier  for  failure 
to   remove.     17-51;    191oA-767. 

Dealer,  manufacturer  of  ice  as  "dealer." 
1917A-953. 

Falling  of  ice  on  adjoining  property,  lia- 
bility of  land  owner  for  injury  caused. 
1914B-1172. 

Grant  of  right  to  take  ice  from'  another's 
premises,  nature  and  effect.    1917D-93. 

Harvesting,  right  as  between  person  hav- 
ing right  of  flowage  and  riparian 
proprietor.     1917C-7S2. 

Hole  cut  in  ice  in  public  waters,  civil 
liability  for  personal  injuries  caused. 
14-365. 

Municipal  plant  for  furnishing  inhabit- 
ants, power  of  municipality  to  operate. 
20-204;  1916C-1287;  19180-911. 

Nuisance,  liability  of  city  for  failure  to 
abate    accumulation   of   ice.     1-964. 

Riparian  owner,  right  to  take  ice  from 
public  waters.     8-30. 

Streets  and  highways,  icy  street  crossing 
as  imposing  liability  on  municipality 
for    injuries    caused.     1913C-1068. 

Trade,  ice  manufacturer  as  engaged  in 
"trade."     1916A-1200. 


ICE-CREAM. 

state    or    municipal    regulation,    validity. 
1917B-645;  1918B-1035. 


ICE-HOUSE. 

Fixture  when  erected  by  tenant.    20-790. 

ICEMAN. 

Hawker-peddler  regulations  as  applicable. 
1912D-1292. 


IDEM  SONANS. 

D  and  T,  application  of  doctrine  of  idem 
sonans.     15-912. 

Depositions,  notice  naming  witness,  suffi- 
ciency with  respect  to  slight  variation 
in   spelling  of   name.     1918A-954. 

"S,"  addition  or  omission  of  final  "s"  as 
affecting  application  of  doctrine  of 
idem  sonans.     1918A-351. 


IDENTITY    AND    IDENTI- 
FICATION. 

Animals,  admissibility  of  opinion  evidence 
to  identify.     5-974. 

Attorney's  identification  of  client  as  privi- 
leged    communication.     1913A-29. 

Author  of  writing,  spelling,  punctuation 
and  literary  style  as  elements  of  iden- 
tification.    20-1336. 

Clothing  worn  by  deceased  at  time  of  kill- 
ing, necessity  of  identification  to  per- 
mit of  introduction  in  evidence  in 
homicide    prosecution.     1912B-778. 

Cross-examination  of  witness  called  for 
identification  purposes,   scope.     17-20. 

Dead  body,  evidence  admissible  to  estab- 
lish identity.     1918C-697. 

Debt  in  new  promise  removing  bar  of 
statute  of  ^imitations,  necessity  of 
identification.     1914B-223. 

Exhibit  referred  to  in  deposition,  identifi- 
cation.    1918E-282. 

Extrajudicial  identification.    1914B-700. 

Former  testimony  of  witness  who  has 
become  disqualified  or  inaccessible,  ne- 
cessity of  identity  of  parties  and 
issues  to  render  admissible.  21-183; 
1914D-476. 

Fugitive  from  justice,  burden  of  proof  of 
identity  within  law  of  extradition. 
20-546. 

Goods  sold  from  mass,  necessity  of  iden- 
tification for  passing  title.     9-26. 

Informer  of  offense  leading  to  prosecution, 
right  of  defendant  to  know  identity. 
21-456. 


426     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E, 


IDENTITY     AND     IDENTIFICATION— 

Continued. 

Insurance  contract,  subject  matter  and 
beneficiary  of  fire  insurance  contract, 
admissibility  of  parol  evidence  to 
identify.     1914C-65. 

Libel  and  slander,  identity  of  person  de- 
famed, admissibility  of  testimony  of 
readers  or  hearers  of  libel  or  slander 
as  to  their  understanding.     1917C-36. 

— ^mistake  as  to  person  named  or  described 
as  defense  in  action  of  libel  or 
slander.      1914D-537. 

— name  identical  with  that  of  defamed 
person  as  giving  right  of  action  for 
libel  or  slander.     16-168. 

Name  identical  as  establishing  identity  of 
person  upon  an  issue  of  previous  con- 
viction.    6-1026; 14-589. 

Parties  to  telephone  conversation,  suffi- 
ciency of  identification  to  render  evi- 
dence of  conversation  admissible. 
1916E-977. 

Presumption  of  identity  of  person  and 
identity  of  name  as  conflicting  with 
another    presumption.     1917E-121. 

"Records,  identification  of  record  by 
stranger.     6-500. 

Smell  or  odor  as  means  of  identification 
in   opinion    of  witness.     1914B-737. 

Torrens  Acts,  identification  of  premises 
registered  under  act.     12-836. 

Voice  of  accused  as  means  of  identifica- 
tion.     14-82;  20-403. 

"Wills,  admissibility  of  parol  evidence  to 
identify  beneficiary,  property,  estate 
or  interest  under  will.     1915B-10. 

—identification  of  legacy  by  words  in- 
dicating ownership  or  possession.  10- 
493. 


IF. 

Meaning  in  construction  of  will.     1913B- 
730. 


IGNORANCE— Continued. 

Carrier  of  goods,  ignorance  of  nature  of 
goods  transported  in  violation  of  stat- 
ute as  affecting  criminal  liability  of 
carrier.     20-1156. 

Intoxicating  liquors,  ignorance  of  intoxi- 
cating character  of  liquors  sold  as  de- 
fense   to    prosecution.     12-472. 

Laches  as  effected  by  question  of  igno- 
rance.    19-110. 

Master  and  servant,  master's  ignorance  of 
age  of  minor  employed  in  violation 
of  statute  as  excusing  liability  for 
personal    injuries.     1912B-805. 

— servant's  ignorance  of  language  as  af- 
fecting his  incompetency.     1912C-100. 

Eape,  consent  to  intercourse,  ignorance 
of  woman's  mental  condition  as  af- 
fecting crime.     1912B-10o2. 

— ignorance  of  age"  of  child  as  defense  to 
prosecution  for  rape.     21-1058. 

Savings  bank  officers,  ignorance  as  to 
charter  restrictions  as  affecting  liabil- 
ity  for  illegal  loans.     1913B-429. 

Slander  and  libel,  imputation  of  ignorance 
to  physician,  dentist  or  druggist  as 
slander  or  libel.  ■  20-482. 

Vendor  and  purchaser,  ignorance  of  iden- 
tity of  purchaser  of  realty  as  warrant- 
ing cancellation  of  deed  or  denial  of 
specific  performance  of  contract. 
1912C-75G. 


ILLEGAL  ACTS. 

Agency,  illegal  act  of  agent  as  affecting 
principal's  implied  promise  of  indem- 
nity to  agent.     1912D-993. 

Corporation,  as  ground  for  suit  by  minority 
stockholders  to  wind  up  corporation. 
1918E-430. 


ILLEGIBLE  WRITINGS. 

i?arol  evidence  as  to  contents.     1916A-282. 


IGNORANCE. 

Attorney's  ignorance  of  law  as  negligence 
rendering  him  liable  for  loss  to  client. 
1917B-8. 

Brokers,  land  owner's  ignorance  of 
broker's  negotiations  with  purchaser 
as  affecting  broker's  right  to  commis- 
sion  on    sale    by    owner.     1913D-822. 


ILLEGITIMACY. 

Adoption  of  illegitimate  child,  consent  of 
parents  as  prerequisite.     1914A-224. 

"Child"    as    including    illegitimate    child. 
1918B-249. 

Custody  of  bastard  child,  right  to.     17-474. 
Death  by  wrongful  act,  damages  as  recov- 


ILL  FAME— IMMIGRATION. 


427 


rLUBGITIMACT— Continued. 

erable  for  benefit  of  legitimate.     21- 
929. 

■ — parents'  right  to  recover  for  death  of 
illegitimate  child.  10-810;  1916C- 
720. 

— person  other  than  parent,  right  to  re- 
cover for  death  of  illegitimate  child. 
1916E-454. 

Declarations  to  show  relationship  of 
illegitimate  child,  admissibility.  10- 
521. 

Efvidence,  entry  in  family  Bible,  admis- 
sibility on  issue  of  legitimacy.  1915B- 
377. 

Exhibition  of  child  whose  paternity  is 
in  issue  to  jury,  right  to.  6-560;  19- 
536. 

Habeas  corpus,  welfare  of  illegitimate  child 
as  primary  consideration  in  determin- 
ing right  to  its  custody.     1914A-750. 

Dlicit  intercourse  by  mother  of  child  born 
in  lawful  wedlock,  admissibility  of 
evidence  on  issue  of  its  legitimacy. 
1916A-1187. 

Incest,  illegitimacy  of  party  as  affecting 
crime.     5-67;  1912B-502. 

Inheritance,  brothers  and  sisters,  succes- 
sion between  illegitimates.     16-987. 

— father  of  illegitimate,  right  of  child  to 
inherit  from  or  through  father. 
1917C-826. 

— ^legitimate  descendants  of  bastard,  right 
to    inherit   through   him.     1913C-1338. 

'—mother  of  illegitimate,  right  of  child  to 
inherit  from  or  through  mother. 
1914D-577;  1916E-914. 

"Issue"  and  "lawful  issue,"  construction  of 
terms  as  regards  illegitimates.     5-936. 

Law  governing  status  of  person  as  legiti- 
mate or  illegitimate.     1917C-537. 

Libel  or  slander,  charging  man  with  being 
father  of  bastard  as  slander.  1917A- 
1045. 

Life  insurance,  "children"  designated  as 
beneficiaries  in  policy  as  embracing 
illegitimates.     15-531. 

Nonaccess  of  husband,  admissibility  of 
testimony  of  married  woman  to  prove. 
6-816;   7-1000;  15-764;   1917A-1031. 

"Parent,"  father  or  mother  of  illegitimate 
child  or  one  born  of  a  void  marriage 
as   parent   thereof.     1913A-1246. 

Slaves,  legitimacy  of  children.     5-144. 


TTiTiEGITIMACY— Continued. 

Wills,  insane  delusion  as  to  paternity  of 
child  as  affecting  testamentary  capa- 
city.    1916C-18. 

— parol  evidence  to  show  inclusion  of  il- 
legitimates by  words  of  relationship 
in  will.     191oB-51. 

— revocation  of  will  by  birth  of  illegiti- 
mate issue.     1913D-1334. 

Workm,en's  compensation,  illegitimate 
child  as  "dependent,"  within  act. 
1918B-754. 

ILL  FAME. 

See  Disorderly  Houses. 


ILL  FEELING. 

Antagonism  or  ill  feeling  between  trustee 
and  beneficiary  as  ground  for  removal 
of  trustee.     1918B-1045. 


ILLICIT  RELATIONS. 

See  Adultery;  Disorderly  Houses;  Forni- 
cation; Incest;  Mistress;  Prostitution; 
Seduction. 

ILLNESS. 

See  Disease;  Health. 

Juror,  temporary  separation  of  jury  on 
account  of  illness  as  ground  for  new 
trial  in  criminal  case.     20-656. 

Medical,  surgical  or  other  attendance  or 
supplies,  implied  authority  of  officers, 
agents  or  servants  to  contract  for. 
3-570;   1912C-474. 

"Serious,"  or  "severe,"  illness,  meaning  of 
term  in  application  for  life  insurance 
policy.     £0-291. 


ILL  WILL. 

Witness,  extent  of  cross-examination  per- 
missible to  show  ill  will.     1914B-537. 


IMMEDIATELY. 

Accident  insurance,  meaning  of  term  in 
policy  with  respect  to  disability  fol- 
lowing accident.     1914D-380. 


IMMIGRATION. 

Classes  of  aliens  excluded  by  act. 
235. 


1917! 


428     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  3918E. 


IMMIGRATION— Continued. 

Immigrant  prostitution  and  immorality. 
1917C-244,  250. 

— federal  control  of  aliens  after  arrival. 
16-1069, 

Inducement  to  commit  offense  against 
immigration  law  with  view  to  prose- 
cution as  defense  to  such  prosecution. 
1916C-732. 

Soliciting  or  importing  alien  contract 
labor  as  crime.     1917C-261. 


IMMORALITY. 

Contracts,  admissibility  of  parol  to  show 
immoral   consideration.     16-392. 

IHscharge  of  servant  as  warranted  on 
ground  of  sexual  immorality.     17-360. 

Immoral  show  or  exhibition,  right  of 
municipality   to   suppress.     1915B-322. 

Landlord  and  tenant,  forfeiture  of  tenant's 
rights  under  lease  by  use  of  premises 
for    prostitution.     1913C-1352. 

— rent  as  recoverable  for  premises  used 
for  prostitution  or  other  immoral  pur- 
poses.    8-181;    21-837;    1914B-806. 

"Words  imputing  immoral  conduct  to  man 
as  actionable  libel  or  slander.  1917A- 
1043. 


IMMUNITY — Continued. 

entitled  to  immunity  from  subsequent 
prosecution.     1915B-399. 
— statutes   abridging    constitutional    privi- 
lege of  witness.     2-177;  17-128 

IMPAIRMENT  OF  OBLIGA- 
TION. 

Exemption  from  executing  statute  extend- 
ing as  impairing  obligation  of  con- 
tract.    1912B-259. 

Judicial  decision  as  impairing.  4-93;  9- 
1121;   1915C-578. 

Mental  anguish  as  element  of  damages 
recoverable  against  telegraph  com- 
pany, statute  permitting  recovery  as 
impairment  of  contractual  obligation. 
1913C-868. 

Ordinance  granting  privilege,  impairment 
thereof  as  impairment  of  contract  ob- 
ligation.    3-88;   6-601;    1915A-899. 

-^municipal  ordinance  as  within  purview 
of  federal  constitution  against  impair- 
ment 'of   contract   obligation.     12-503. 

Eepeal  or  modification  of  statute  affecting 
municipal  corporation  as  impairment 
of  contract  obligation  between  state 
and  municipality.     4-794. 

What  impairment  constitutes,  within  rule 
against.     3-91. 


IMMUNITY. 

Contract  for  immunity  from  criminal  pros- 
ecution based  on  return  of  stolen 
property,    validity.     7-1010. 

Extradited  prisoner,  immunity  from  trial 
for  crime  not  designated  in  requisi- 
tion.    3-543;   10-639;  1914B-799. 

— immunity  from  arrest  on  civil  process 
after  interstate   extradition.     17-619. 

Governor,  immunity  from  judicial  control. 
3-391;  11-620;  1913B-789. 

State's  evidence,  prisoner  becoming  as 
immune  from  criminal  prosecution. 
18-747. 

Witnesses,  corporation,  privilege  of  wit- 
ness against  self-incrimination  as  ex- 
tending to  corporation.     1916A-3S0. 

— federal  Anti-trust  Act,  extent  of  im- 
munity of  witness  testifying  in  pro- 
ceeding under  act.     1914C-131. 

— necessity  that  witness  claim  exemption 
from  self -ic crimination  in  order  to  be 


IMPEACHMENT. 

Acknowledgment,  evidence  requisite  to  im- 
peach.    7-249;    1917A-368. 

Arbitration  and  award,  impeachment  of 
award  for  mistake  of  fact  not  involv- 
ing exercise  of  judgment.     1918C-974. 

Architect's  or  engineer's  decision.  10-580; 
1913A-183. 

Dying  declarations,  impeachment  by  proof 
of  contradictory  statements.  7-885; 
20-887. 

Indictment,  impeachment  by  member  of 
grand  jury.     20-47. 

Legislative  act,  impeachment  by  reference 
to  legislative  journals.  9-582;  20- 
350;   1918D-253. 

Public  officer,  impeachment  for  act  com- 
mitted prior  to  commencement  of  term. 
1916B-707. 

Eeference,  impeachment  of  award  of 
referee  for  mistake  of  fact  not  involv- 
ing exercise  of  judgment.     1918C-974. 


IMPENDING  DANGER— IMPOSSIBILITY  OF  PERFORMANCE.    429 


IMPEACHMENT— Continued. 

Verdict,  affidavits  of  jurors  as  evidence 
that  verdict  returned  or  entered  dif- 
fered from  verdict  actually  found.  3- 
401;    1912A-1205. 

— statement  by  juror  subsequent  to  trial, 
admissibility  of  evidence  to  impeach 
verdict.     1913D-1194. 

"Witnesses.     See  Witnesses. 

IMPENDING  DANGER. 

See  Emergency. 


IMPERSONATION. 

Obtaining  money  by  impersonating  officer 
as  robbery.     12-63. 


IMPLEMENTS. 

Necessary  tools  or  implements,  meaning 
as  used  in  exemption  statute.  1918D- 
176. 

Vehicle  as  implement  within  exemption 
statute.     1917D-96. 


IMPLIED  ADMISSIONS. 

Failure  of  party  to  civil  action  to  reply 
to  oral  statement  as  implied  admis- 
sion.    1918C-9,  40,  42. 

Statement  made  in  written  communica- 
tion, failure  to  reply  as  admission  of 
its  truth,     1914B-788. 

Undenied  accusation  of  crime,  admissi- 
bility in  evidence.  4-1042;  12-875; 
1913C-240. 


IMPLIED  CONTRACTS. 

See     Contracts. 

Brokers,  payment  for  sale,  lease  or  mort- 
gage of  real  estate,  what  constitutes 
implied  contract.     1918C-1064. 

Carriers  of  goods,  implied  agreement  of 
consignee  of  goods  to  pay  freight 
charges.     1917C-864. 

Heir's  or  legatee's  services  in  connection 
with  settlement  of  decedent's  estate, 
right    to    compensation.     1916B-196. 

Municipal  corporation,  liability  on  im- 
plied contract.     2-509. 

Services  rendered  by  person  living  in 
meretricious  relations  with  another, 
right   to   recover   for.     1916B-114. 


IMPLIED  CONTBACTS— Continued. 

Step-parent's   expenditures  for  support  of 
child,  right  to  recover.     1916A-1180. 

Usury   voluntarily   paid,   recovery   of.     1- 
421. 


IMPLIED  aiFTS. 

Implied  devise  of  bequest  from  recital  in 
will.     1917D-431.    • 


IMPLIED  POWERS. 

Executor,  implied  power  to  sell  real  estate 
of  testator.     1916D-410. 

Municipal  corporation,  bonds,  implied 
power  to  issue.     1913E-37. 

— borrowing  money  or  incurring  indebted- 
ness, implied  power  of  municipality. 
6-760;  1913D-77. 

Trusts,  implied  power  of  trustee  to  mort- 
gage trust  property.  1-942;  9-643; 
10-255. 


IMPLIED  WARRANTY. 

See    Warranty. 

IMPORTS. 

See  Exports. 

Forfeiture  of  imported  goods,  when  takes 
effect.     7-900. 

Game,  validity  of  statutes  prohibiting  pos- 
session of  imported  game.     2-229. 

Intoxicating  liquors,  when  imported 
liquors  subject  to  state  regulation.  7- 
1132;   20-669. 

"Knowingly"  making  import  entry  under 
false   invoice.     1912A-434. 

Preliminary  inspection  of  imported  arti- 
cles as  interference  with  interstate 
commerce.     14-1103. 

Taxation,  effect  of  partial  invalidity  of 
statute.     1916D-89. 


IMPOSITION  OF  TERMS. 


Granting   continuance   on   terms. 
306. 


1913A- 


IMPOSSIBILITY  OF  PERFORM- 
ANCE. 
See    Contracts. 


430    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


IMPOTENCY. 

Ground  for  divorce  or  annulment  of  mar- 
riage.    1913A-128. 

Personal  injuries,  necessity  of  pleading 
impotency  specially  in  action  for. 
1916C-383. 

Rape,  impotency  as  defense  to  rape  or 
assault  with  intent  to  rape.  1916D- 
535. 

IMPOUNDING  ANIMALS. 
See     Animals. 


IMPRISONMENT. 

Contempt,  fine  as  enforceable  by  imprison- 
ment.    1912I>-1339. 

— term  of  imprisonment.     6-533. 

— woman's  imprisonment  for  contempt  as 
violation  of  constitutional  or  statutory 
provision  against  imprisonment  in 
civil  action.     8-56. 

Husband's  imprisonment,  right  of  wife  to 
recover    damages.     1916C-481. 

Internment  of  person  of  hostile   origin  or 

association.     1917D-409. 
— status  of  interned  alien  enemy.     1917G 

170. 


IMPRISONMENT  FOR 
DEBT. 

Bankrupt  punished  by  imprisonment  for 
failure  to  turn  over  property  as  in 
contravention  of  constitutional  prohi- 
bition.    20-892. 

Breach  of  contract  by  employee,  statute 
making  it  criminal  offense  as  con- 
travening constitutional  ,provision 
against  imprisonment  for  debt.  14- 
1060. 

Civil  liability  for  tort  as  debt  within  con- 
stitutional prohibition.  20-1344; 
1917D-841. 

Constitutional  or  statutory  provision 
against,  as  applicable  to  imprison- 
ment for  failure  to  pay  alimony. 
1913E-1087. 

Cruel  and  unusual  punishment,  what  con- 
stitutes.    1918B-398. 

Failure  to  pay  fine  or  penalty,  constitu- 
tional or  statutory  provision  as  appli- 
cable to  imprisonment  for.     19-757. 


IMPRISONMENT  FOR  DEBT— Continued. 

Partnership,  right  of  partner  to  arrest  of 
copartner  in  civil  action  arising  out 
of  partnership  transactions.     6-109. 

Statute  punishing  frauds  on  innkeepers  as 
within  constitutional  provision 
against.     16-1231. 


IMPROBABLE  TESTI- 
MONY. 

Bankrupt,  improbable  testimony  by. 
1917B-1096. 

Weight  and  sufficiency  as  evidence  of  un- 
contradicted improbable  testimony. 
4-985. 

Withdrawal  from  consideration  of  jury. 
15-1187;  1917B-473. 


IMPROVEMENTS. 

"Adjoining,"  meaning  of  term  as  used  in 
statute  or  constitutional  provision  re- 
lating   to    improvements.     1913D-847. 

Adverse  claim,  knowledge  or  notice  there- 
of as  affecting  right  to  compensation 
for    improvements.     1916B-57. 

Compensation  for  imjirovement,  knowledge 
or  notice  of  adverse  claim  as  affect- 
ing right.     1916B-57,  65. 

Creditor's  bill,  improvements  on  land  of 
another  as   reachable   by.     1914B-954. 

Cultivation  of  land  as  improvement.  17- 
406. 

Eminent  domain,  compensation  in  condem- 
nation proceedings,  right  of  condemnee 
where  placed  on  land  by  condemnor 
with  authority  or  color  thereof.  6- 
382;  13-980;  1912A-244;   1917C-141. 

— land  owner's  right  to  compensation  for 
improvements  placed  by  him  on  land 
after  institution  of  condemnation  pro- 
ceedings.    17-1033. 

Homestead,  validity  of  contract  by  hus- 
band for  improvements  without  join- 
der of  wife.  9-12;  15-1120;  19i7A- 
76. 

Husband  or  wife  making  on  land  of  other 
spouse,  right  to  lien  for  compensation. 
14-1178;    1912A-1194. 

Landlord  and  tenant,  covenant  to  pay  for 
improvements,  right  of  lessee  to  en- 
force against  successor  of  reversion. 
4-439;    191SD-11S0. 


IMPURE  WATEK^IMPUTED  NEGLIGENCE. 


431 


IMPROVEMENTS— Continued. 

— eviction,  right  of  tenant  to  compensation 
for  improvements.     6-461. 

— measure  of  damages  for  breach  of  cov- 
enant in  lease  to  make  improve- 
ments.    4-899. 

" — taxes  on  improvements  placed  on  land 
by  lessee,  liability  in  absence  of 
agreement  between  lessor  and  lessee. 
1912A-275. 

Lien  or  resulting  trust  arising  from  pay- 
ment of  money  for  purpose  of  im- 
proving  land.     9-249. 

Life  estate,  right  of  life  tenant  to  com- 
pensation.    3-689;  1913A-489. 

Mechanic's  lien,  improvement  made  with 
consent  but  not  at  expense  of  owner 
of  realty.  11-1082;  19-734;  1916C- 
1133. 

— liability  of  improvement  distinct  from 
land.     2-689. 

— right  as  dependent  on  nature  of  improve- 
ment.    1912B-5. 

Mistake  in  making  improvement  on  land 
of  adjoining  owner,  right  to  recover 
for.     1914A-238. 

Public  improvements,  who  may  petition 
for  or  remonstrate  against.  1918E'- 
837. 

Eailroad  tracks  and  improvements  as  in- 
cluded under  term  "right  of  way." 
1918D-1049. 

Vendor  and  purchaser,  land  covered  by 
contract  of  sale,  change  in  value  by 
improvements  of  vendor  as  warranting 
denial  of  specific  performance.  1912C- 
562. 

— oral  contract  for  sale  of  land,  liability  of 
vendor  on  breach  for  improvements 
placed  on»  land  by  vendee.  1913C- 
390. 

— right  of  defaulting  purchaser  to  reim- 
bursement under  contract  for  sale 
of  land.     1917C-85. 

— vendor's  lien  on  improvements,  right 
to.     21-953. 

Water-power  grant  as  affected  by  im- 
provements.    1916D-1017. 


IMPURE  WATER. 

Liabilitj'   of   water   company   to   consumer 
for  furnishing.     1915C-686. 


IMPUTABLE  KNOWL- 
EDQE. 

Corporations,  knowledge  of  corporation, 
imputability  to  officer  thereof. 
1915A-855. 

•—notice  as  imputable  to  corporation  of 
knowledge  of  its  officers  where  latter 
engaged  in  independent  acts  in  their 
own  interest.  6-679;  1912C-295; 
1916B-328. 

— officer's  knowledge,  imputability  to  cor- 
poration where  acquired  as  officer  of 
another    corporation.     1915A-861. 

Insurance  agent,  imputability  of  knowl- 
edge to  principal  as  dependent  on 
character    of    relation.     1913A-849. 

Municipal  corporations,  notice  to  police- 
man of  defect  in  street  as  notice  to 
municipality.     1914B-168. 

Servant's  or  agent's  knowledge  acquired 
before  becoming  such  as  imputable  to 
master    or   principal.     JL912D-95. 

— viciousness  of  animal,  knowledge  by 
agent  or  servant  as  imputable  to 
owner.     18-673. 


IMPUTED  NEaLIGENCE. 

Automobile  driver,  negligence  as  impu- 
table to  occupant.     19-1225. 

— railroad  crossing  accident,  imputability 
of  driver's  negligence  to  occupant. 
1913B-684;  1915B-769. 

Death  of  child  by  wrongful  act,  negli- 
gence of  one  parent  as  imputable  to 
other.     1914B-35. 

Driver's  contributory  negligence  as  im- 
putable to  occupant  of  vehicle.  3- 
703;  9-408;  1916E-685. 

Husband  and  wife,  contributory  negli- 
gence of  one  spouse  as  bar  to  recovery 
for   injuries   to   other.     1912A-647. 

— imputation  of  husband's  contributory 
negligence  to  wife.     3-704. 

— negligence  of  husband  as  driver  of  auto- 
mobile as  imputable  to  wife  riding  as 
passenger.     1918B-841. 

Master  and  servant,  imputation  of  negli- 
gence arising  from  relation.  1912A- 
648. 

Parent  and  child,  imputing  negligence  of 
parent  to  child  of  tender  years.  1-216; 
11-686;    1912D-521. 

— negligence  of  child,  imputability  to 
parent.     21-143. 


432    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


IMPUTED    NEGLIGENCE— Continued. 

— person  to  whom  child  is  intrusted, 
negligence  as  imputable  to  parent. 
1916A-893. 

Street-cars  and  railroad  trains,  applica- 
bility of  rule  as  to  imputability  of 
contributory  negligence  of  driver  to 
occupant  of   vehicle.     5-163. 

IMPUTED  NOTICE. 

See  Imputable  Knowledge. 

INADEQUACY  OF  PRICE. 

Judicial  sales,  inadequacy  as  ground  for 
setting  aside.  1914D-3;  1915D-1102; 
1918E-436. 


INCEST— Continued. 

Imputing  incest  to  man  as  actionable 
slander.     1917A-1046. 

Indictment  or  information,  necessity  of 
negativing  lawful  marriage  between 
parties.     1912D-222. 

Eelationship  by  affinity  as  within  statute 
against    incest.     1913A-102. 

— knowledge  of  relationship  as  affecting 
crime.     4-569. 

Solicitation  of  incest  as  indictable  offense. 
2-457. 


INCH. 

Water  measurement,  meaning  as  used  with 
respect  to.     I916B-1230. 


INADEQUATE  VERDICT.       INCIDENTAL  EXPENSES. 


Verdict,  death  by  wrongful  act,  what  is 
inadequate    verdict.     1916B-460. 

—personal  injuries  not  resulting  in  death, 
what  is  inadequate  verdict.  1916B- 
384. 

INCAPACITY. 

Judicial     sale,     incapacity     of     party     as 
ground   for   setting  aside.     1914D-8. 

Partnership,  dissolution  of  firm  on  account 
of  mental  or  physical  incapacity  of 
partner.     1913D-1148. 


Attorneys,  personal  liability  for  incidental 
expenses  of  action.     1917B-520. 


INCIVILITY. 

Public    officer,    incivility    or    rudeness    as 
ground  for  removal.     1912C-275. 


INCLUDING. 

Meaning  of  term.     1912D-637. 


INCENDIARISM. 

Defense  in  action  on  fire  insurance  policy, 
quantum  of  proof  necessary  to  estab- 
lish.    1912A-1139. 


INCEST. 

Accomplice,  woman  with  whom  incest  is 
committed  as  accomplice.     1914D-147. 

Consent    of    both    parties    as    element    of 

crime.     8-910;  21-1257. 
Corroboration  of  prosecutrix,  necessity  in 

prosecution.     18-975. 

Emission  as  element  of  incest.     11-94. 

Evidence,  other  acts  of  familiarity  or  inter- 
course, proof  of.     10-656. 

—relationship,  evidence  thereof  in  prose- 
cution.    21-558. 

Illegitimacy  of  party  as  affecting  crime. 
5-67;   1912B-502. 


INCOME. 

Meaning  as  net  or  gross  income.  1915B- 
1129. 

Profits    as    distinguished   from.     20-690. 

Trusts,  taxes  and  carrying  charges  as 
payable  out  of  income  or  capital. 
1918E-947,  982,  989. 

"Wills,  right  to  accumulation  of  testator's 
income  from  producing  property  where 
not  expressly  disposed  of  by  will. 
1914B-86. 


INCOME  TAXES. 

Corporation,   situs   of   income   for   purpose 
of   taxation.     1918A-426;    1918E-750. 

Direct   tax   provision   of   federal   constitu- 
tion  as   applicable.     1912B-1330. 

Federal  Income  Tax  Act,  validity.     1917B- 
721. 


INCOMPATIBLE  OFFICES— INCUMBRANCES. 


433 


INCOME  TAXES— Continued. 

Interstate  commerce,  proceeds  derived 
through  interstate  commerce  as  sub- 
ject to  state  income  tax.     1918E'-750. 

Personal  income  taxable  under  income 
tax    statute.     1913C-894;    1916D-1265. 

"Plant,"  meaning  as  used  in  English  In- 
come Tax  Act.     1917A-322. 

Salary  or  income  of  federal  oflfieer,  power 
of  state  to  tax  and  vice  versa.  7-87; 
12-827. 

Statute  levying  income  tax,  validity.  21- 
197;  1913A-1180;  1917B-721. 

— ^partial  invalidity  of  statute,  effect. 
1916D-89. 

INCOMPATIBLE  OFFICES. 

See  Public  Officers. 

INCOMPETENT  PERSONS. 

See  Insane  Persons. 


INCONSISTENT 
DEFENSES. 

Pleading,  right   to   plead  inconsistent  de- 
fenses.    1917C-705. 

INCONTESTABLE  CLAUSE. 
See  Life  Insurance. 


INCORPORATED 
VILLAGE. 

Village  as  synonymous.     1918D-262. 

INCORPORATION  BY 
REFERENCE. 

Ordinances.     1914D-723. 
Wills.     1-395;   1915A-875. 

INCORPORATORS. 

See  Promoters. 


INCREASE. 

Animals,  increase  as  included  within 
mortgage  of  dams.  13-100;  1917C- 
1173. 


INCREASED  PUNISHMENT. 

See  Sentence  and  Punishment. 

Index  to  Notes — 28 


INCREASE  OF  ALLOW- 
ANCE. 

Workmen's  compensation,  increase  of 
allowance  under  act.  1916E-890; 
1918B-733. 


INCRIMINATING 
ARTICLES. 

Admissibility  as  evidence  of  crime  of  in- 
criminating articles  taken  from  per- 
son of  accused.     3-354. 


INCUMBRANCES. 

Covenant  against  incumbrances  as  bind- 
ing covenantor  to  pay  expenses  of 
successfully  defending  against  assault 
on  title.     1913B-873. 

Decedent's  estate,  subrogation  to  cred- 
itor's rights  by  one  who  advances 
money  for  payment  of  incumbrance. 
11-676;    1915C-130. 

Devised  lands,  discharge  of  incumbrance 
out  of  personalty  to  disappointment 
of  legatees.     8-592. 

Ditch  right  of  way  across  premises,  ex- 
istence as  breach  of  covenant  against 
incumbrances.     1912D-1119. 

Easement  for  public  highway,  existence 
as  breach  of  covenant  against  in- 
cumbrances.    1914D-1011. 

Execution  sale,  payment  of  incumbrance 
by  purchaser  at  void  sale,  right  to 
recover   a-mount.     1915C-594. 

Frauds,  statute  of,  promise  to  discharge 
incumbrance  as  promise  to  pay  debt 
of  another  within  statute  of  frauds. 
12-1104. 

« — oral  agreement  by  vendor  or  vendee  to 
remove  incumbrance  as  within  stat- 
ute.    1916B-221. 

Insurance,  chattel  mortgage  void  as  to 
creditors  as  breach  of  condition  in 
policy  against  incumbrances.  1915D- 
917. 

*— divisibility  of  contract  with  respect  to 
incumbrances.     1912C-990. 

— satisfaction  of  incumbrance  attaching 
to  property  as  reviving  avoided 
policy.     1917B-1241. 

• — unrecorded  mortgage  as  breach  of  con- 
dition in  policy  against  incum- 
brances.    1912A-9S7. 


434    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


INCUMBRANCES — Continued. 

— warranty  regarding  incumbrances  on 
property  covered  by  fire  insurance 
policy,  materiality  as  question  of 
law   or   fact.     15-342. 

Lease,  unexpired  lease  as  breach  of  cove- 
nant against  incumbrances.  1914D- 
1176. 

Life  estate,  discharge  of  incumbrance  by 
life  tenant  as  entitling  to  reimburse- 
ment from  remainderman  or  rever- 
sioner.    8-725. 

Marshaling  assets,  inverse  order  of  aliena- 
tion   within    doctrine.     1916D-1119. 

Minerals,  existence  of  right  to  enter  and 
take  as  breach  of  covenant  against 
incumbrances.     1912D-1140. 

Private  roadway,  covenant  against  in- 
cumbrances as  breached  by  existence. 
1913D-440. 

Public  sewer  through  land  as  falling 
within  covenant  against  incum- 
brances.    1916B-586. 

Eailroad  right  of  way,  existence  as 
breach  of  covenant  against  incum- 
brances.    1912C-650. 

Special  assessment  outstanding  as  breach 
of  covenant  against  incumbrances. 
1918D-975. 

Specific  performance  of  contract  for  sale 
of  land  with  compensation  for  in- 
cumbrances, right  to.  1915D-1110, 
1114. 

Tax,  outstanding  tax  as  breach  of  cove- 
nant against  incumbrances.  1913E- 
248. 


IN  CUSTODIA  LEGIS. 

See  Custody  of  Law. 


INDEBTEDNESS. 

Admission  of  liability  made  in  offer  of 
compromise  as  admissible  in  evidence. 
1918E-445. 

Garnishment  where  indebtedness  recover- 
able   only   after    demand.     1914C-465. 

Pleading,  general  allegation  of  indebted- 
ness as  legal  conclusion.     14-839. 

INDECENT  PUBLICATIONS. 

See    Obscenity. 


INDEMNITY. 

Actual  damage,  giving  promissory  note 
as  suffering  actual  damage  within 
indemnity  contract.     10-674. 

Bail,  contract  of  indemnity  from  prin- 
cipal to  sureties  on  bail  bond,  va- 
lidity.    16-1036. 

— negligence  of  bail  as  releasing  surety 
on  bond  indemnifying  bail.  1913E- 
455. 

Banks,  tender  of  bond  as  condition  of 
recovering  savings  bank  deposit  with- 
out production  of  pass-book.  1914D- 
24. 

Contract  of  indemnity  against  possible 
suits,  giving  as  species  of  mainte- 
nance.    14-559. 

Damages  paid  by  city  for  unsafe  high- 
way, right  of  recovery  against  abut- 
ting   owner.     1-945. 

Frauds,  statute  of,  applicability  to  prom- 
ise to  indemnify.  6-671;  1912A-S84; 
1915A-867. 

Injunction,  validity  of  decree  substituting 
indemnifying  bond  as  alternative  to 
injunctive  relief.     13-440.  , 

Insurance   contract,   indemnity  as   element  ■«- 
thereof.     1912D-1028. 

joint  tort-feasors,  right  of  indemnity 
under  contract  between  them.  21- 
122. 

Life  insurance  policy  as  mere  contract 
of  indemnity.     1913D-610. 

Limitation  of  action  on  breach  of  con- 
tract of  indemnity,  running  of  stat- 
ute against  action  from  date  of  ac- 
tual loss.     13-699. 

Lost  negotiable  instrument,  giving  in- 
demnity as  prerequisite  to  recovery 
of   amount.     1918C-925. 

Negligence   of   indemnitee,   application    of 

indemnity   contract.     10-593. 
—right    of    one    secondarily    negligent    to 

indemnity     against     party     primarily 

negligent  on  satisfying  liability  claim. 

1913B-941. 

Officer  enforcing  execution,  right  to  de- 
mand indemnity.  16-1045;  1914B- 
859.  ; 

Principal's    indemnity    to    agent    for    acts . 
of  latter,  implied  promise  of.     1912D- 
990. 

Eecovery  on  contract  of  indemnity,  neces- 
sity for  actual  damage.  3-480,  965; 
10-674;  1913D-1152. 


INDEMNITY  INSURANCE— INDIANS. 


435 


I 


INDEMNITY— Continued. 

Subrogation  to  securities  given  to  in- 
demnify surety,  right  of  creditor. 
6-397. 


INDEMNITY  INSURANCE. 

See    Employers'    Liability    Insuraace;    Fi- 
delity and  Guaranty  Insurance. 

Discharge  of  surety  on  fidelity  bond  by 
failure  of  employer  to  notify  surety 
of  delinquency  of  employee.  11- 
1031;  1912D-1286. 

Evidence  of  defendant's  insurance  against 
liability,  admissibility.  1914A-948; 
1916E-571. 

False  representations  of  insured,  effect 
on  validity  of  policy.  8-608;  1915D- 
732. 

Interest  on  judgment  against  insured,  lia- 
bility of  insurer.  1914D-1097;  1917D- 
866. 

Liability  of  insurer  limited  to  losses 
within  certain  period,  validity  and 
construction  of  indemnity  insurance 
contract.     1914C-1210. 

Physician  or  dentist  insured  against  lia- 
bility for  malpractice.  1916E-1159j 
1918E-524. 


INDEPENDENT  CON- 
TRACTORS. 

Blasting,  liability  of  owner  of  premises 
for  injury  caused  by  independent 
contractor.     14-1161. 

Dam  construction,  liability  of  owner  for 
breaking  of  dam  due  to  negligent 
construction  by  independent  con- 
tractor.    1912A-115. 

Excavation  on  premises  resulting  in  in- 
jury to  adjoining  building,  liability 
of  land  owner  as  affected  by  em- 
ployment of  independent  contractor. 
21-23;  1917A-356. 

Federal  Employers'  Liability  Act  as  ap- 
plicable to  independent  contractor  en- 
gaged  in  raili^oad  work.     1918B-52. 

Fires,  liability  for  setting,  applicability 
of  independent  contractor  rule.  18- 
755;    1913D-1178. 

Injury  to  person  or  property  of  third 
party  sustained  after  completion  of 
work,  liability  of  independent  con- 
tractor.    4-228;   1912B-710. 


INDEPENDENT  CONTRACTOES— Con- 
tinued. 

Mines,  negligence  of  independent  con- 
tractor resulting  in  injury  to  con- 
tractor's servant,  liability  of  mine 
owner.     1912A-596.  I 

— one  contracting  with  mine  owner  to 
break  down  rock  and  ore  as  fellow- 
servant  of  mine  superintendent.  21- 
105. 

Municipal  liability  for  acts  or  negligence 
of  independent  contractor  in  repair- 
ing or  improving  street  or  highway. 
16-433;    1914A-71. 

Bepairs  to  leased  premises  by  independent 
contractor,  liability  of  landlord  to 
tenant  for  his  negligence.     9-211. 

Runaway  horse,  liability  of  independent 
contractor  for  municipality  for  in- 
juries to   horse.     1914C-254. 

Scaffold  erected  for  repairing  or  painting 
building,  liability  of  owner  of  build- 
ing for  injury  resulting  to  pedestrian 
from  negligence  of  independent  con- 
tractor.    1916C-123. 

— master's  liability  to  servant  for  injury 
from  scaffolding  furnished  by  another. 
18-617. 

Servant  of  contractor  injured  by  collapse 
of  building,  liability  of  person  em- 
ploying contractor.     18-9. 

Who  is  independent  contractor.  19-3; 
1913B-573;  1916D-222;  1918C-627, 
663,  669,  672. 

Workmen's  compensation,  distinction  be- 
tween independent  contractor  and 
workman.     1918B-708. 

— employee  of  independent  contractor  as 
workman  within  meaning  of  act. 
1918B-709. 


INDEX. 

Failure  to  index  or  error  in  indexing 
record,  liability  of  recording  officer 
to  person   injured.     20—487. 


INDIANS. 

"Child"  in  statute  relating  to  naturaliza- 
tion of  Indians  as  including  illegiti- 
mate child.     1918B-256. 

"Colored"  as  applied  to  person  of  Indian 
blood.     1912D-461. 

Depredation  claims  against  federal  gov- 
ernment, attorney's  fee  for  collection. 


436    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


INDIANS— Continued. 

validity    of    statute    limiting    amount. 
1918C-869. 

Intoxicating  liquor,  validity  and  con- 
struction of  statute  forbidding  sale 
or  gift  to  Indians.  3-326;  1912B- 
1090. 

Marriage,  validity  of  common-law  mar- 
riages.    1918E-380. 

Schools,  right  of  Indian  child  to  admis- 
sion  to    public    schools.     1915C-482, 

State  regulation,  Indians  as  subject  to. 
13-192;  1914B-652;  1915D-371. 

Taxation  of  personalty  on  reservation, 
right    of    state    or    territory.     14-964. 


INDICTMENT  AND 
INFORMATION. 

1.  In  General. 

2.  Grand  Jury  Proceedings. 

3.  Formal  Eequisltes. 

4.  Charging  Offense. 

5.  Objections. 

6.  Issues,  Proof  and  Varlanco. 

7.  Review. 

8.  Specific  Offenses. 

1.    In  General 

Amendment  of  indictments,  constitu- 
tionality of  statutes  permitting.  3- 
558;    1913A-402. 

Attorney  general's  right  to  file  and  prose- 
cute information.     1914B-143. 

Copy  to  be  served  on  defendant,  con- 
struction of  statutory  provision  re- 
quiring.    1913D-1095. 

Corporations,  necessity  that  criminal 
prosecution  against  corporation  be  by 
indictment.     19-534. 

Felony  prosecution  by  informatiom  with- 
out indictment,  constitutionality  of 
statute  providing.     6-644. 

Joinder  of  two  or  more  defendants,  right 
in  indictment  for  violation  of  license 
statute.     1918A-571. 

Lost  indictment,  supplying  by  copy  or 
parol  proof  of  contents.  1913E-606; 
1916D-254. 


INDICTMENT  AND  INFORMATION— 
Continued. 

2.    Grand    Jury   Proceedings. 

Complainant  or  prosecutor  as  member  of 
grand  jury,  effect  on  validity  of  in- 
dictment found.  1912B-738;  1916C- 
424;    1917E-619. 

Court  officer's  presence  in  grand  jury- 
room  as  affecting  validity  of  indict- 
ment.    1912D-978. 

Evidence  before  grand  jury,  inquiry  as  to 
sufficiency.     1-842. 

Impeachment    of    indictment    by    member 

of   grand   jury.     20-47. 
— testimony  of  members  of  grand  jury  as 

to    number   concurring   in   indictment. 

1-649. 

Indicted  person's  testimony  before  grand 
jury,  validity  of  indictment  based  on. 
6-606. 

Preliminary  examination,  right  of  grand 
jury  to  find  indictment  before  or 
pending  preliminary  examination. 
1912D-145. 

Private  or  substituted  prosecutor  appear- 
ing before  grand  jury,  effect  on  in- 
dictment.    1912D-184. 

Procurement  by  attorney  acting  for  party 
adverse  to  former  client  in  same  gen- 
eral matter,  validity  of  indictment. 
1912B-217. 

Stenographer's  presence  in  grand  jury- 
room,  effect  on  indictment.  1915B- 
232. 

Return  of  indictment  into  open  coart, 
necessity  of.     4-527;  19-1124. 


3.    Formal  Requisites. 

"Against  the  peace  and  dignity,"  etc., 
necessity  that  each  count  of  indict- 
ment should  so  conclude.     13-780. 

Contra  pacem  conclusion  of  indictment, 
sufficiency.     14—413. 

Form  of  indictment,  validity  and  con- 
struction of  statute  prescribing. 
19I8C-551,   569,   574. 

Information  filed  by  prosecuting  attorney, 
necessity  that  be  under  oath.  7- 
983;   19170-531. 

Omission  of  word  "did,"  effect.     7-46. 

Preliminary  examination,  as  prerequisite 
to  filing  of  indictment  or  informa- 
tion.    1916E-312. 


INDICTMENT  AND  INFORMATION. 


437 


INDICTMENT    AND    INFORMATION— 

Continued. 

4.     Charging    Offense. 

"About,"  meaning  as  used  in  indictment 
or  information  with  reference  to 
quantity.     1918D-706. 

Attempt  to  commit  crime,  necessity  for 
averring  overt  act  in  indictment. 
7-140. 

Blank  date,  sufficiency  of  allegation  of 
commission   of  crime  on.     19-930. 

Description  in  general  terms  of  property 
subject  of  crime,  validity  of  statute 
providing  for.     1913E-217. 

Dollar-mark  or  other  designation  in- 
dicating money,  effect  of  omission. 
1915C-335. 

Food  and  Drug  Act,  sufficiency  of  charge 
of  violation  of  federal  act.  1915A- 
49. 

Future  or  impossible  date,  validity  of 
indictment  or  information  fixing  com- 
mission of  crime  on  such  date.  6- 
854;  1913B-1043. 

Intent  not  made  element  of  offense  by 
statute,  necessity  of  pleading  and 
proving  intent.     1914D-181. 

Negativing  exception  in  statute  upon 
which  prosecution  is  based,  necessity 
of  averment.  6-726;  13-364;  1913B- 
135. 

"On  or  about"  certain  date,  sufficiency 
of  indictment  charging  commission  of 
offense.     7-775. 

Place  of  offense  as  indicated  by  use  of 
word   "at."     1912B-1073. 

Second  offense,  necessity  of  pleading 
prior  offense  in  prosecution.  9-768; 
19140-565. 

Statutory  offense,  sufficiency  of  charging 
commission  during  time  which  began 
before    statute   was    enacted.     1913D- 

487. 

"Tenor."  meaning  of  word  as  used  in  in- 
dictment.    1914B-661. 


5.    Objections. 

Duplicity,  time  and  method  of  objecting 
to  indictment  on  ground  of.  10- 
1004. 

Information  based  on  self-incriminating 
evidence,  right  of  accused  to  dis- 
missal.    1914C-418. 


INDICTMENT     AND     INFORMATION— 

Continued. 

Setting  aside  indictment  and  ordering 
resubmission,  power  of  court  on  own 
motion.     1918A-860. 

Time  and  method  of  objecting  to  suffi- 
ciency of  indictment.     1-479. 


6.    Issues,    Proof    and    Variance. 

Alias  and  real  name,  necessity  of  prov- 
ing both  where  both  are  pleaded. 
19-894. 

Intoxicating  quality  of  liquor,  necessity 
of  alleging  and  proving  in  prosecu- 
tion for  illegal  sale.     13-117. 

Unnecessary  allegations,  necessity  of 
proving.     4-756;    13-311. 

Variance,  burglary  indictment,  effect  of 
variance  between  allegation  and 
proof  as  to  ownership  of  goods  stolen 
or  intended  to  be  stolen.     1912C-116. 

— conviction  as  accessory  of  person  in- 
dicted as  principal.     14-311. 

— date  of  false  swearing  in  prosecution 
for  perjury,  effect  of  variance  be- 
tween pleading  and  proof.     21-1157. 

— greater  offense  not  barred  as  affecting 
right  to  convict  under  lesser  offense 
which   is   barred.     17-718. 

— involuntary  manslaughter,  conviction 
under  indictment  for  murder.  1914B- 
1012. 

— lesser  degree  conviction,  right  of  jury 
under  indictment  or  information 
charging  act  declared  by  statute  to 
be  murder  in  first  degree.     12-1081. 

7.    Review. 

Appeal,  sufficiency  of  indictment,  rais- 
ing  for  first  time   on   appeal.     3-546. 

Habeas  corpus,  right  to  review  errors  or 
irregularities  in  indictment.     11-1054. 

8.    Specific  Offenses. 

Abortion,  necessary  allegations  as  to 
means  used.     11-221;   1912D-1325. 

Adultery,  use  of  word  "felonious"  in  in- 
formation  or   indictment.     1912A-263. 

Bigamy,  allegation  as  to  first  marriage, 
sufficiency  of  indictment  with  respect 
to.     16-516. 

Blackmail,  sufficiency  of  allegations  for 
conspiracy  to   blackmail  as  to   object 


438    INDEX  TO  THE  NOTES,  1  AN^.  CAS.  TO  ANN.  CAS.  1918E. 


INDICTMia(rT   Ain>    ihtormation— 

Continued. 

and     means     of     accomplishing     con- 
spiracy.    21-43. 

Blasphemy,  indictment  or  information  for, 
1914A-816. 

Bribery,  sufficiency  of  allegation  of  value 
of  thing  offered  or  received  as  bribe. 
1918A-314. 

Burglary,  conspiracy  to  commit  burglary, 
sufficiency  of  allegations  as  to  object 
of  and  means  of  accomplishing  con- 
spiracy.    21-46. 

— corporation,  necessity  of  alleging  fact 
of  incorporation  in  charging  burglary 
from  corporation.     12-683. 

— description  of  building,  sufficiency  in 
indictment  or  information.  1913D- 
867. 

— ownership  of  building  entered,  necessity 
of   alleging.     5-1011. 

Civil  rights,  sufficiency  of  allegations  of 
conspiracy  to  deprive  citizen  of  civil 
rights  as  to  object  and  means  of 
accomplishing  conspiracy.     21-44. 

Compounding  offenses,  necessity  of  al- 
leging and  proving  actual  commis- 
sion,    9-565. 

Conspiracy,  allegations  as  to  object  and 
means  of  accomplishing,  sufficiency. 
21-35.       . 

— offense  which  one  of  conspirators  is 
incapable  of  committing,  validity  of 
indictment  for  conspiracy  to  commit. 
14-156. 

Embezzlement,  "by  virtue  or  employment 
of  office,"  necessity  of  alleging  prop- 
erty as  so  received.     15-444. 

—demand  and  refusal  to  pay,  necessity 
of  allegation  in  indictment.  15-575; 
1914D-1318. 

—fiduciary  relation,  sufficiency  with  re- 
spect to  allegations  of.     1912C-903. 

— money,  necessity  of  alleging  value. 
13-554. 

— national  bank  funds,  sufficiency  of  in- 
dictment for  misapplication  by  officer. 
21-891. 

— ownership  by  private  corporation,  com- 
pany, association  or  society  of  prop- 
erty embezzled,  sufficiency  of  allega- 
tions.    18-343. 

— ^public  or  corporate  officer,  sufficiency 
with  respect  to  description  of  prop- 
erty.    21-72. 


INDICTMENT    AND     INTOEMATION— 

Continued. 

False  pretenses,  ownership  of  thing  ob- 
tained by  false  pretense,  necessity 
of   alleging.     13-849. 

— person  defrauded,  sufficiency  of  de- 
scription.    17-624. 

— representation  as  to  condition  or  quality 
of  animal,  sufficiency  of  indictment. 
1913C-270. 

— written  instrument  upon  which  charge 
is  based,  sufficiency  of  allegations. 
11-833. 

Forgery,  allegation  connecting  name  in- 
correctly signed  with  name  intended, 
necessity  of.     20-168. 

— charging  forgery  of  instrument  and  its 
subsequent  utterance  as  duplicitous. 
21-237. 

— forging  and  uttering  as  one  offense. 
1-308;    21-236. 

— joinder  of  counts  for  forging  and 
uttering   forged   instrument.     21-237. 

— name  of  person  intended  to  be  de- 
frauded, necessity  of  allegation. 
1912C-1143. 

— setting  out  instrument  forged,  suffi- 
ciency of  indictment  with  relation  to. 
17-499. 

Fraud,  sufficiency  of  allegations  of  con- 
spiracy to  defraud  as  to  object  and 
means  of  accomplishing  conspiracy. 
21-39. 

Homicide,  deliberation  and  premeditation, 
necessity  of  allegation  in  indictment 
for  murder.     3-936. 

— feloniously,  necessity  of  using  word  in 
indictment.     11-996. 

— human  being,  necessity  of  alleging  that 
deceased  was  human  being.     20-775. 

— instrument  used,  sufficiency  of  indict- 
ment with  respect  to  description. 
18-314. 

Incest,  necessity  that  lawful  marriage  be- 
tween parties  be  negatived  in  indict- 
ment or  information.     1912D-222. 

Intoxicating  liquor,  local  option  law  vio- 
lation, necessity  that  indictment 
allege  adoption,  etc.,  of  law.     10-1012. 

—name  of  purchaser,  necessity  of  alleg- 
ing in  indictment  or  information  for 
unlawful   sale.     4-98;    13-128. 

— ^price  or  consideration  for  unlawful  sale, 
necessity  of  alleging.     19-693. 


INDIGENT  PERSONS— INDUSTRIAL  INSURANCE. 


439 


Iin>ICTMENT     AND     INFORMATION— 

Continued. 

Larceny,  animal,  suflRcieney  of  indictment 
with  respect  to  description  of  animal. 
17-735. 

— articles  belonging  to  different  owners, 
sufficiency  of  allegations  charging 
theft.     16-585. 

— decedent's  estate,  ownership  or  posses- 
sion of  property  belonging  thereto, 
allegations  of  indictment  or  informa- 
tion  as   to.     20-1263. 

— description,  effect  of  evidence  that  more 
certain  description  could  have  been 
given,  where  allegation  made  that 
more  certain  description  of  property 
is   unknown.     18-944. 

— -married  woman's  property,  allegation 
of  ownership.     6-163. 

— ownership  of  property  stolen  from 
private  corporation,  company,  asso- 
ciation or  society,  sufficiency  of  in- 
dictment or  information  with  refer- 
ence  to    allegations.     18-1121. 

— value,  necessity  of  alleging  in  indict- 
ment.    2-857. 

Mails,  using  with  intent  to  defraud,  suffi- 
ciency of  indictment.     18-1046. 

Obscenity,  publishing,  distributing  or 
mailing  obscene  matter,  sufficiency 
of  description  in  indictment.     9-47. 

Obstructing  highway,  sufficiency  of  de- 
scription of  highway  in  indictment 
or   information.     13-909. 

Perjury,  necessary  allegations  as  to  per- 
son administering  oath.     9-765. 

" — sufficiency  of  indictment  as  to  "assign- 
ment  of   perjury."     17-921. 

Profanity,  indictment  or  information  for. 
1914A-818. 

Rape,  act  done  against  will  or  without 
consent  of  female,  necessity  of  ex- 
press allegation.     9—417. 

• — age  of  defendant,  necessity  of  alleging. 
5-111. 

•—charging  rape  by  force  and  in  another 
count  with  woman  of  unsound  mental 
condition  as  duplicitous.     1912B-1053. 

> — "feloniously,"  necessity  of  using  word 
in   indictment   or  information.     7-263. 

— negativing  marital  relation  between  ac- 
cused and  prosecutrix,  necessity.  16- 
902. 

Receiving  stolen  property,  necessity  of 
alleging  name  of  thief.  18-196j 
1914B-174. 


INDICTMENT     AND    INFORMATION— 

Continued. 

Robbery,  "asportation"  or  "carrying  away," 
necessity  that  indictment  or  informa- 
tion allege.     5-687. 

—assault  with  intent  to  commit  robbery, 
allegations    necessary.     1918A-412. 

— description  of  property  taken,  sufficiency 
of  indictment  with  respect  to. 
1912B-402. 

— intent  to  steal,  necessity  of  allegation. 
21-1141. 


INDIGENT  PERSONS. 
See  Poor  and  Poor  Laws. 


INDIVIDUALS. 

Judgment  in  action  by  or  against  individ- 
ual as  res  judicata  in  action  by  same 
person  in  representative  capacity. 
1918E-1103, 

— representative  capacity,  judgment 
against  person  as  res  judicata  in  action 
by  same  person  individually.  1918E- 
1096. 

Presumption  as  to  normality.     1913E-101. 

Validity  of  statute  subjecting  corporations 
to  damages  but  not  including  individ- 
nals.     1914B-975. 


INDORSEMENT. 
iSee  Bills  and  Notes;  Checks. 

INDUCEMENT. 

Criminal  law,  inducement  to  commit  offense 
with  view  to  prosecution  therefor  as 
defense  to  such  prosecution.  17-295; 
1916C-730;  1917D-954. 


INDUCTION. 

Electricity,  induction,  conduction  and  elec- 
trolysis.    1916A-135. 


INDUSTRIAL  INSURANCE. 

See  Workmen's  Compensation. 

Nature  and  purpose  of  industrial  insurance. 
1918B-1186. 


440    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


INEBRIATES. 

Compulsory  commitment  to  asylum  or  other 
institution,  validity  and  construction 
of  statute  providing  for.  15-964  j 
1917E-359. 

INEVITABLE  ACCIDENT. 

Effect  as  excusing  performance  of  contract. 
1-466. 

INFAMOUS  CRIMES. 

Disqualification  in  one  jurisdiction  by  rea- 
son of  conviction  in  another.     5-917. 


INFANTS. 

1.  In  General 

2.  Contracts. 
G.  Property. 

4.  Torts  of  Infants,  Liability  for. 

5.  Torts  Against  Infants,  Eight  of  Action 

for. 

6.  Actions. 

See  Adoption;  auardian  and  Ward;  Parent 
and  Child. 

1.    In  General. 

Alimony  application,  infancy  as  defense. 
1913A-545. 

Binding  out  infant  to  service,  statute 
authorizing  state  .  as  within  constitu- 
tional provision  against  slavery  or  in- 
voluntary servitude.     9-402. 

Child,  adopted  child  as  included  under  term 

"child"  in  statute.     1915B-786. 
— grandchild  or  grandchildren  as  included 

Tinder  term   "child"    or   "children"    in 

statute.     1918E-1004. 
— illegitimate  child  as  included  under  term 

"child."     1918B-249. 

Confession  of  infant,  admissibility  and  ef- 
fect in  criminal  case.     1912C-1062. 

Custody  of  child,  divorce  decree  as  res  ju- 
dicata.    1916B-894,  914. 

Executor,  right  of  infant  to  be.  1913B- 
1164. 

Failure  to  provide  infant  with  clothing, 
shelter  or  medical  aid,  death  resulting 
therefrom  as  manslaughter.     13-43. 

False  pretense,  misrepresentation  of  age  by 
minor  as  constituting.     21-437. 


INFANTS— Continued. 

Heirs,  when  construed  to  mean  children. 
1914B-70. 

Immigration,  exclusion  of  infant  child  un- 
der act.     1917C-247. 

Intoxicating  liquors,  consent  to  issuance  of 
liquor  license,  power  of  infant.  1916C- 
497. 

— giving  liquors  as  furnishing  within  pro- 
hibitory statute  with  respect  to  minors. 
4-1063. 

— ignorance  of  minority  as  affecting  prose- 
cution for  furnishing  liquor  to  minor. 
18-437. 

— medicinal    purposes,    sale    of   liquors    to 

minors  for.     3-840. 
' — minor  purchasing  for   another,  liability 

for  sale.     6-867;  21-187. 

"Issue"  as  including  adopted  child.  1912A- 
326. 

Juvenile  courts,  creation,  validity  of  stat- 
ute providing  for.  7-831;  1914A- 
1227;  1915D-701. 

— establishment  and  procedure.  1916E- 
1010. 

— jurisdiction  of  offenses  against  minors. 
1916E-1014. 

— partial  invalidity  of  statute  relating  to 
juvenile  offenders  and  courts.  1916D- 
67. 

Labor  laws,  validity  and  construction  of 
child  labor  acts.  9-1108;  15-473; 
1913E-339;  1918E'-730. 

Libel  and  slander,  communication  to  child 
as  privileged  within  law  of  libel  and 
slander.     1917E-896. 

Master  and  servant,  incompetency  of 
minor  as  servant  as  dependent  upon 
youth.     19170-98. 

Military  service,  enlistment  of  minor  in 
militia  without  consent  of  parents, 
validity.     1913C-1273. 

— minors  as  subject  to  military  service. 
1917C-814. 

— release  from  detention  of  military  or 
naval  authorities,  right  of  infant  un- 
lawfully enlisted.     16-129;  19170-778. 

Misrepresentation  as  to  age,  estoppel  of 
infant  by.     4-535. 

Nonsupport  of  wife,  criminal  liability  of 
infant.     1914D-590. 

Eape  or  assault  with  intent  to  rape,  ca- 
pacity of  infant  to  commit.     11-1063. 


INFANTS. 


441 


INFANTS— Continued. 

Services  rendered  during  minority  to  per- 
son standing  in  loco  parentis,  right  of 
child  to  recover  for.     20-394. 

Tender  in  behalf  of  infant  by  stranger, 
sufficiency.     12-82. 

Wages,  minimum  wage  law,  validity. 
1916A-225. 

—-payment  to  child,  silence  of  parent  as 
implied  assent.     9-512. 

Wayward  children,  commitment  to  institu- 
tions or  to  proper  guardianship  with- 
out jury  trial,  constitutionality  of 
statutes  providing  for.  5-96;  7-831; 
14-819. 

Witnesses,  competency  of  infant.  14-3; 
1916C-424. 

— failure  to  swear  infant  as  affecting  trial 
and  verdict.     1912D-573. 

Woman,  female  child  as  included  in  term, 
"woman."     10-958. 

Workmen's  compensation,  child  as  "de- 
pendent" within  act.  1913E-483; 
1918B-754. 

— election  by  infant  employee  as  to  accept- 
ance of  provisions  of  act.  1918B- 
716. 

— increase  of  allowance  to  minor.  1918B- 
735. 

— minor  employed  in  violation  of  law  as 
entitled  to  compensation.  1918B- 
679, 


2.    Contracts. 

Apprenticeship,  liability  of  infant  on  cove- 
nant in  indenture.     20-779. 

Attorney's  services,  liability  of  infant  for. 

5-131,-  1914D-604. 

Avoidance  of  contract  for  purchase  of 
property,  right  of  infant  to  recover 
amount  paid  by  him.     16-524. 

Contract  of  child  induced  by  threats  of 
criminal  prosecution  against  parent, 
validity   and   effect.     1917C-1026. 

Disaffirmance  of  contract  after  majority, 
what  constitutes  reasonable  time. 
1917D-413. 

— marriage  settlement,  right  of  infant  to 
disaffirm  after  attaining  majority, 
12-861. 

Insurance  representations  or  warranties,  in 
contract,  binding  effect.     16-271. 


INFANTS— Continued. 

Landlord  and  tenant,  money  paid  as  rent, 
right  of  infant  lessee  to  recover  from 
lessor.     1915B-676. 

Marriage  void  on  ground  of  infancy  as 
ratified  by  cohabitation  after  reaching 
age  of  consent.     6-486. 

Necessaries,  burden  of  proof  and  province 
of  court  and  jury  as  to  whether  arti- 
cles   furnished    constitute.     14-686. 

— clothing  purchased  by  minor  child, 
liability  of  parent.     1913A-967. 

— disaffirmance  of  contract  for  necessaries, 
right  of  infant.     4-422;   1914C-239. 

— instruction  or  education,  contract  by  in- 
fant for  as  constituting  contract  for 
necessaries.     8^131;  20-593. 

Services,  right  of  infant  who  repudiates 
contract  for  services  to  recover  there- 
for.    1916E-261. 


S.    Property. 

Administration  upon  estate  of  minor,  neces- 
sity and  propriety.     7-861. 

Annuities  as  apportionable  to  infants.  21- 
315. 

Decedent's  estate,  advancement  from  es- 
tate for  expenses  as  chargeable  against 
infant's   share.     1917A-138,   141. 

Deeds,  disaffirmance  of  conveyance  during 

minority  by   conveyance  at  majority. 

3-593;  1914D-847. 
—ratification,  silence  or  acquiescence  after 

coming  of  age  as  constituting.     1912C- 

775. 

Gift  by  infant,  validity.     21-973. 

Mechanic's  lien  on  property  of  infant  un- 
der contract  made  by  guardian,  right 
to.     15-1089. 

Sale  of  realty,  education  and  maintenance, 
right  to  sell  infant's  real  estate  when 
parents  are  able  to  provide  for  him. 
1914B-276. 

— general  power  of  equity  to  decree  sale  or 
lease  of  infant's  realty.     1915A-563. 

— "require,"  legal  meaning  in  statute  re- 
lating to  sale  of  infant's  real  estate. 
1912A-1237. 

Taxation,  personal  property  of  infant,  situs 
for  taxing  purposes.     7-680. 

" — redemption  from  tax  sale,  right  of  in- 
fant.    1914C-421. 

• — residence  or  domicile  of  infant  for  tax- 
ing purposes.     1917B-731. 


442     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


INFANTS— Continued. 

Wills,  capacity  to  dispose  of  property  by 
will.     1912A-621. 


4.    Torts  of  Infants,  IilaT)ility  for. 

Automobiles,  liability  of  owner  for  acts  of 
his  child  as  driver.     1914C-1091. 

Infant  master,  liability  for  tort  by  servant. 
1916A-962. 

Injuries    caused    another    while    at    play, 
liability  of  infant.     1912C-177. 

Parent's  liability  for  torts  by  infant.     11- 
367;   1912A-585. 

Tort  connected  with  or  growing  out  of  con- 
tract, liability  for.     1913A-970. 


5.     Torts  Against  Infants,  Bight  of  Action 
for. 

Carriers  of  passengers,  free  carriage  on 
trains  or  street-cars  as  affecting  duty 
and  liability  of  carrier  respecting  in- 
jury to  infant.     9-963. 

Contributory  negligence  of  children.  1- 
895;  17-353;  1913B-969. 

— employment  of  minor  contrary  to  stat- 
ute as  avoiding  defense  of  contribu- 
tory   negligence.     8-646. 

Death  by  wrongful  act,  excessiveness  of 
verdict.     I91oC-455. 

Electric  wires,  duty  and  liability  of  one 
maintaining  in  reference  to  children. 
10-925;  21-1096;  1917A-895. 

Fireworks,  liability  for  causing  injury  to 
infant  by  discharge.     5-540. 

Imputed  negligence,  infant's  negligence  as 
imputable  to  parent.     21-143. 

— parent's  negligence  as  imputable  to  child 
of  tender  years.  1-216;  11-686; 
1912D-521. 

Licensee  or.  invitee  on  premises  containing 
dangerous  machinery,  liability  of 
owner  for  injury  to  infant.  1913A- 
115. 

Loss  of  time  or  earning  capacity  as  ele- 
ment of  damage  in  action  by  infant 
for  personal  injuries.     8-1107. 

Master  and  servant,  disobedience  of  rules 
or  regulations  as  affecting  right  of  re- 
covery from  master  for  personal  in- 
jury of  minor  servant.     8-6. 

— employment  of  minor  in  violation  of 
statute  as  negligence  on  part  of  em- 
ployer.    8-644;    14-123;    1912B-803. 


INFANTS— Continued. 

— liability  of  master  to  parent  for  injuries 
to  infant  servant.     i913C-234. 

— rules  and  regulations  of  master  as  ap- 
plicable in  case  of  injuries  to  minors. 
1912A-85.  0 

— saw  operated  by  machinery,  liability  of 
master  to  infant  servant  for  injuries 
by.     1913C-125. 

— warning  and  instructing  infant  servant, 
duty  of  master.  3-368;  17-487; 
1914A-609. 

Notice  to  municipality  as  prerequisite  to 
action  for  injury  to  child  of  plaintiff. 
1916E-560. 

Parent's  action  for  personal  injuries  to 
child,  loss  of  society  of  child  as  ele- 
ment of  damages.     18-479. 

Playing  in  highway,  law  of  road  as  ap- 
plicable.    1917C-454. 

Railroads,  attractive  nuisance  or  turntable 
doctrine,  application  to  standing  rail- 
road cars.     1912D-916. 

— children  trespassing  on  track,  duty  of 
railroad  to  anticipate.  4-680;  16-247; 
1916B-357. 

— fencing  against  children,  as  included  in 
railroad's  statutory  duty  to  fence  its 
right  of  way.     13-187. 

— ^lookout  for  children  on  tracks,  duty  of 
railroad  as  applicable  to  private  rail- 
road.    1914A-671. 

— trespassing  children  on  trains,  liability 
of  railroad  for  injuries  received.  21- 
699. 

— turntables,  care  required  of  railroads  in 
operation  with  respect  to  children.  5- 
377;  15-561. 

Release  of  damages  for  tort,  right  of  in- 
fant to  repudiate.  12-689;  1914A- 
997. 

Running  over  child  in  street,  applicability 
of  res  ipsa  loquitur  doctrine.     1913C- 

1056. 

Stealing  ride  on  vehicle,  liability  for  in- 
jury to  minor.     1917D-379. 

Street  railway,  duty  to  give  notice  to 
child  in  street  of  approach  of  car  by 
sounding  gong  or  bell.     20-156. 

Toy  pistol  injuring  child,  liability  of  seller. 
1913C-804, 

Trespassing  children  injured  by  dangerous 
substance  on  premises,  liability  of 
owner.     5-503. 


INFECTIOUS  DISEASES— INFRINGEMENT. 


443 


INFANTS— Continued. 

— liability  of  land  owner  for  injury  on  ac- 
count of  unguarded  pond,  pool  or  well, 
etc.     11-990;  1913A-1032;  1916C-1085. 


6.    Actions. 

Action  instituted  by  guardian,  effect  of  at- 
taining majority  pending  action. 
1914A-604. 

Admissions  in  answers  in  equity  as  evi- 
dence against  infant  defendants.  4- 
403. 

Amicus  curiae,  power  to  protect  rights  of 
infant.     1915A-196. 

Appeals,  right  of  infant  to  complain  in  ap- 
pellate court  of  errors  not  objected  to 
in  trial  court.     1913B-443. 

Compromise  of  cause  of  action,  right  of 
parent  or  person  in  loco  parentis.  17- 
608. 

Costs,  liability  on  infant's  attaining  ma- 
jority pending  action  instituted  by 
him.     1914A-606. 

— personal  liability  of  attorney  of  infant 
for  costs.     21-880. 

Death  of  parent  by  wrongful  act,  running 
of  statute  of  limitations  with  respect 
to  action  by  infant.     17-520. 

Declarations  of  infant  at  time  of  accident 
as  part  of  res  gestae.     14-51. 

— at  time  of  assault  or  homicide  as  part  of 
res  gestae.     1916C-1187. 

Discovery,  infant  as  party  defendant  to 
bill.     20-910. 

Filing  claim  against  municipality,  infancy 
as  suspending  limitation  of  time.     13- 

488;   1916C-1042. 

Guardian  ad  litem,  necessity  for  appoint- 
ment when  infant  has  natural  guard- 
ian.    1912D-363. 

— infant  married  woman,  right  to  prose- 
cute action  with  husband  as  coplaintiff 
without  appointment  of  guardian  ad 
litem  or  next  friend.     9-1116. 

Insurance,  clause  limiting  time  to  bring  suit 
as  affected  by  minority  of  insured. 
8-1066;    20-1291. 

Judgment  affecting  infant  duly  repre- 
sented_,   vacation   of.     1917B-922. 

— payment  and  satisfaction  of  judgment  re- 
covered ift  favor  of  infant,  power  of 
next  friend.     7-607. 


INFANTS— Continued. 

Limitation  of  actions,  infancy  of  heir, 
devisee  or  distributee  as  interruption 
of  running  of  statute.     3-837. 

Money  loaned,  infancy  as  defense  to  ac- 
tion for  recovery.     1916C-999. 

Next  friend  not  proper  party  to  prosecute 
suit,  power  of  court  in  premises. 
1914A-943. 

Seduction  by  infant,  infancy  as  defense. 
2-769. 

INFECTIOUS  DISEASES. 

See  Disease. 

INFIRM  PERSONS. 

See  Disease. 


INFLAMMABLE 
MATERIAL. 

Accumulation  within  corporate  limits, 
right  of  municipality  to  prohibit. 
1913E-435. 


IN  FORMA  PAUPERIS. 

Eight  of  personal  representativ*  to  so  sue 
or  defend.     1-805. 


INFORMATION. 
See  Indictment  and  Information. 

INFORMATION  AND 
BELIEF. 

Affidavits  based  on  information  and  belief, 
sufficiency.     11-980. 

Denial  on  information  and  belief  of  mat- 
ter necessarily  within  knowledge  of 
defendant,  effect  on  plea.     1912C-149. 

Injunction,  affidavit  or  complaint  upon  in- 
formation and  belief  as  basis.     1-653; 

18-817. 

Nondenial  of  fact  stated  on  information 
and  belief  as  raising  presumption 
"gainst  party  to  action.     1914A-932'. 

Warrant,  affidavit  on  information  and  be- 
lief as  basis  for  issuance.  1-653;  18- 
817. 

INFRINGEMENT. 

See  Copyrights;  Patents;  Trademarks  and 

Trade  Names. 


444    INDEX  TO  THE  NOTES,  1  ANTsT.  CAS.  TO  ANN.  CAS.  1918Ei. 


INHABITANCY. 

Domicile    as     synonymous    with    "inhabi- 
tancy."    1915C-784. 


INHERENT  VICE. 

Cargo  carried  on  vessel,  inherent  vice  as 
affecting  liability  of  ship  owner  for 
loss  or  injury.     13-246. 


INHERIT. 

Meaning     of     "inherited,"     "inherit/*     etc. 
1917C-386. 


INHERITANCE. 

See  Descent  and  Distribution;  Heirs. 

Natural    right    protected   by    constitution. 
9-726. 


INHERITANCE  TAXES. 

Aliens,  liability  to  succession  tax  of  trans- 
fer to  alien.     1912A-857. 

Amount  of  estate  transferred,  liability  to 
succession  tax  as  dependent  upon.  11- 
143;  1914A-472. 

Appreciation  or  depreciation  of  property 
subsequent  to  death  of  decedent  as 
affecting  assessment  of  tax.  1912C- 
1017;  1916A-786. 

Bonds  or  securities  of  United  States  and 
other  governmental  bodies,  liability  of 
transfers  to  succession  tax.     5-874. 

Community  property  as  subject  to  inher- 
itance  tax.     1913D-496. 

Constitutionality  of  succession  taxes.  1- 
30;  7-1061;  8-159;  12-953;  1913D-757. 

Conveyance  in  contemplation  of  or  to  take 
effect  at  death,  validity  of  statute 
levying  tax.     1914D-1183. 

Corporate  stock,  situs  for  purposes  of  suc- 
cession tax.     13-741;   1918A-555. 

Debt,  situs  for  purpose  of  succession  tax. 
11-119;  1912A-903;  1915B-864. 

Deduction  of  mortgage  debts  from  realty 
'  or  personalty  in  assessing  succession 

tax.     14-860. 

Double  taxation,  construction  of  statute  so 
as  to  avoid.     1914B-691. 

Dower,    widow's    dower,    support,    etc.,    aa 
subject  to  succession  tax.     1913A-167; 
.     1918D-1094. 


INHEEITANCE  TAXES— Continued. 

Executor  or  administrator,  personal  lia- 
bility for  payment  of  inheritance  tax. 
1915'a-265. 

Exemption  as  arising  from  tax  exemption 
of  corporation  by  statute  or  charter. 
1915B-1053;   1918E-943. 

Federal   succession   tax   on   contingent   in- 
•      terest,  refundment.     1916A-318. 

Foreign  charitable  corporations,  liability 
of  bequests  to  inheritance  tax.  1-233; 
8-159;  6-579;  1912B-994. 

Future  estates,  time  for  taxing  under  suc- 
cession   tax    acts.     5-237;    1916D-309. 

Life  beneficiary,  method  of  determining 
value  of  interest.     1914D-77. 

Municipal  corporations  as  included  under 
term  "corporation"  in  statute.  1913B- 
747. 

Partnership,  situs  of  interest  of  deceased 
partner  for  tax  purpose.     9-692. 

Payable  out  of  estate  or  out  of  legacy  or 
devise.     20-1358. 

Personal  property  in  foreign  jurisdiction 
at  time  of  owner's  death  as  subject  to 
tax  in  state  of  his  residence.  1913D- 
520. 

Prospective  or  retroactive  operation  of  suc- 
cession tax  acts.     2-608;  8-218. 

Bate  of  taxation,  construction  of  law  with 
respect  to.     1914B-627. 

Keal  property,  situs  as  affecting  liability 
to  inheritance  tax.     1915A-169. 

Renunciation  of  legacy  or  devise,  effect 
upon  liability  to  succession  tax.  10- 
1036. 

Residence  or  domicile  within  inheritance 
tax  statute.     1917B-733. 

Statutes,  partial  invalidity,  effect.      1916D- 

89. 
— rule  for  construction  of  inheritance  tax 

statutes.     1915C-322. 

Sum  appropriated  in  will  for  tomb,  grave, 
etc.,  as  subject  to  succession  tax.  17- 
853. 

Transfer  made  before  death,  liability  to 
succession    tax.     14-109;     1915B-1089. 

.Will  contest,  succession  tax  on  money  paid 
to  compromise  contest.     6—572. 

INHUMAN  TREATMENT. 

See  Cruelty. 


INITIALS— INJUNCTIONS. 


445 


INITIALS. 

Letter  as  constituting  name,  presumption. 
1914A-1115. 

Middle  initial  of  name,  effect  of  mistake 
in  legal  proceedings.  15-117j  1912B- 
601. 

Publication  notice,  mistake  in  initials  of 
defendant's  name  as  affecting  juris- 
diction of  court,     1913B-1253. 

WiUs,  signature  of  testator  by  initials, 
Buffieiency.     18-771;   1917B-875, 


INITIATIONS. 

Beneficial  association,  membership  -as  de- 
pendent on.     1917B-380. 

Injuries  sustained  by  applicants  for  mem- 
bership in  association,  secret  society, 
etc.,  liability  for.     12-554. 


INITIATIVE  AND 
REFERENDUM. 

Constitutionality  of  provisions  either  in 
state  constitutions  or  municipal  char- 
ter.    11-920;  1918D-604. 

Construction  of  provision  in  constitution, 
statute  or  municipal  charter  for  in- 
itiative or  referendum.  1916B-819, 
855,  860,  865;  1917E-739,  985. 

Emergency  clause,  construction  of  statu- 
tory provision  respecting.     1917E-985. 

Judicial  review  of  initiative  and  referen- 
dum proceedings.     1916B-829. 

Ratification  by  voters,  validity  of  statute, 
other  than  local  option  law,  which 
takes  effect  only  on  ratification.  20- 
652;  1916A-110;  1918E-573. 

Self-executing  provisions  of  constitution, 
18-202;    1914C-1119, 

INJUNCTIONS. 

1.  Notice  and  Grounds  of  Relief. 

2.  Subjects  of  Relieif. 

A.  Generally. 

B.  Breach  of,  oe  Interference  With 

Contract. 

C.  Execution  and  Foreclosure  Sales. 

D.  Extraterritorial  Operation. 

E.  Judicial  Proceedings. 

F.  Municipal  Matters. 

G.  Nuisances. 


IN  jncjNCTIONS— Continued. 
H.  Public  Officers. 
I.  Tax  Matters. 
J.  Trespass. 

3.  Temporary  Injunction.  j 

4.  Procedure. 

5.  Breach  of  Injunction. 

6.  Injunction  Bonds. 

7.  Liability  for  Wrongful  Issuance. 

1.    Nature  and  Grounds  of  Relief. 

Comparative  injury  to  parties,  injunctive 
relief  as  affected  by.     14-19;   1913 A- 

248. 

Conditions  at  time  of  trial  or  at  time  of 
instituting  suit  as  affecting  right  to  in- 
junctive relief.     1915D-1252. 

Ineffectiveness  of  injunction  through 
acts  of  defendant  pending  suit,  right 
of  plaintiff  in  injunction  suit  to  dam- 
1914D-179. 


Loss  of  right  to  injunction  against  in- 
fringement of  trademark  or  trade 
name  by  delay,  laches  or  acquiescence. 
18-^59. 

Mandatory  injunction,  when  granted  on 
ground  of  inadequacy  of  mandamus  aa 
remedy.     1912D-110. 

Past  injuries,  injunction  as  remedy. 
1913D-968. 

Patent,  jurisdiction  of  state  court  to  issue 
injunction  to  protect  rights  based  on 
patent.     1916B-806. 

Remedy  by  force,  right  to  injunctive  relief 
where  complainant  has.     16-730. 

Res  judicata,  judgment  in  criminal  pro- 
ceedings as  res  judicata  in  action  for 
injunction.     21-1189. 


2.    Subjects  of  Relief. 

A.     Generally. 

Attorney,  restraining  from  acting  for 
party  adverse  to  former  client  in  same 
general  matter.     1912B-214, 

Blacklisting,  whether  subject  to  injunctive 
relief.     1-474. 

Boycotting,  when  subject  to  injunction. 
1-177. 

Building  restrictions,  establishment  of  in- 
dustry where  required  consent  of 
property   owners    has    not    been    ob- 


446     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


INJUNCTIONS— Continued. 

tained,  right  of  property  owner  within 
prescribed  radius  to  enjoin.  1914A- 
979. 
— right  to  enforce  by  injunction  as  de- 
pendent on  meaning  of  restrictive  cov- 
enant being  clear.     I912A-80. 

Colored  persons,  right  to  enjoin  owner 
from  selling  or  offering  to  sell  realty 
to.     1914B-826. 

Copyright  infringement,  consideration  of 
amount  of  infringement  on  application 
for  injunction.     14-503. 

Corporations,  inspection  of  corporate 
books,  right  of  stockholder  to  injunc- 
tion to  enforce.     19-313. 

— officer  of  private  corporation,  power  of 
court  to  enjoin  from  performance  of 
duties.     20-598. 

Crimes,  validity  of  statute  authorizing  in- 
junction against  commission.     13-689. 

• — right  to  enjoin  act  which  is  both  nui- 
sance and  crime.  13-794j  1914A-440; 
1916C-45o;  1916D-788. 

Executor's  sale  of  realty  under  power  in 
will,  right  of  heirs  or  legatees  to 
enjoin.     1912B-1019. 

Explosives,  restraining  keeping  or  storing 
by   injunction.     14-594. 

Expulsion  of  pupil  from  school,  right  to 
enjoin.     1918A-403. 

Fence  of  unusual  height,  right  to  enjoin 
adjoining  land  owner  from  maliciously 
erecting  or  maintaining.  9-734; 
1915A-718, 

Games  on  vacant  lots,  right  to  enjoin 
owner  for  permitting  their  use  for 
playing  games.     14-177. 

Intoxicating  liquor,  right  of  private  cit- 
izen   to    restrain    unlawful    sale.     15- 

1015. 
> 

Labor  unions,  conspiracy  to  coerce  em- 
ployment of  members  only,  injunction 
against.     6-279. 

— unionizing  of  employees,  right  to  enjoin. 
1918B-478. 

Libel,  injunction  against  publication  or  to 
compel  retraction.         1916r)-1088; 

1917D-657. 

Mine  owner  flooding  neighboring  mine, 
injunction  against.     1914C-460. 

Multiplicity  of  suits  as  ground  for  injunc- 
tion where  purely  legal  controversies 
are  involved.     1915B-452. 


INJUNCTIONS— Continued. 

Nontransferable  tickets,  injunction  to  pre- 
vent buying  and  selling.  12-700; 
1913B-475. 

Picketing,  injunction  to  restrain  injuries 
to  business  or  property.     4-783. 

Private  hospital  or  sanatorium  for  con- 
tagious or  infections  diseases  as  sub- 
ject to  injunction.     15-719. 

Publication  of  private  letters,  right  to  re- 
strain.    1912r)-555;   1915B-105. 

Public  lands,  protection  of  possessory 
rights  pending  final  decision  by  Land 
Department  by  issuance  of  injunction. 
12-32. 

Eailroads,  laying  tracks  in  street  without 
paying  or  securing  compensation,  right 
of  abutting  owner  to  enjoin.  13-23; 
1913B-874. 

— removing  station  to  another  location, 
right  of  private  individual  to  enjoin. 
1914A-691. 

Shadowing  by  detectives,  restraining  by 
injunction.     1-156. 

Solicitation  of  customers  by  former  em- 
ployee as  subject  to  injunctive  relief. 
1918C-1026, 

Strikes,  injury  to  business  or  property  by 

strikers,'  injunction  as  remedy  against. 

4-783;  7-645;  8-804. 
• — right   of  nonunion   employees   to   enjoin 

strike  by  union  coemployees.     1913D- 

369. 

Trade  secrets  of  master,  restraining  ser- 
vant from  disclosing.  17-144;  1914C- 
631. 

Usurious  contract,  right  to  enjoin  enforce- 
ment.    2-912. 

Waste  by  owner  of  realty,  right  of  lienor 
or  creditor  to  restrain.     13-89. 

— contingent  remainderman,  right  to  re- 
strain.    1912A-544. 

"Waters  and  watercourses,  pollution  by  in- 
dividuals or  municipality,  right  of 
riparian  owner  to  enjoin.  9-516; 
1915A-983. 

B.    Breach    of,    ok   Inteeferentce    With, 
Contract. 

Contract  not  capable  of  being  specifically 
enforced,  restraining  breach  by  in- 
junction.    3-976;    7-55. 

Express  covenant  not  to  engage  in  same 
business  as  covenantee,  remedy  for 
breach.     15-692;   1916C-187. 


INJUNCTIONS. 


447 


INJUNCTIONS— Continued. 

Interference  with  contract  relations  as 
subject  to  injunction.  2-443;  11-338; 
1912B-1164. 

Theatrical  performer,  injunction  to  re- 
strain breach  of  contract  for  services. 
1914B-10;  1917C-395, 

C.    Execution  and  Foreclosube  Sales. 

Execution  sale  as  subject  to  injunction. 
1918C-152,  324,  325,  328,  330,  332. 

Foreclosure  of  mortgage,  right  on  ground 
of  alleged  error  in  amount  of  mort- 
gage indebtedness.     1912C-572. 

Mortgage  and  trust  deed  sales  of  property, 
restraining  on  ground  of  bar  of  stat- 
ute of  limitations  on  debt  secured. 
7-189. 

— right  to  enjoin  on  ground  of  conflicting 
liens  or  rights  or  because  of  disputed 
title.     1917D-125. 

D.      EXTEATEEEITOSIAL    OPERATION. 

Acts  committed  in  another  state,  right  of 
state  to  enjoin.     11-490. 

Proceedings  in  another  state  or  country, 
power  of  court  to  enjoin.  10-26;  16- 
673;  1913B-204;  1915A-834;  1918B- 
1150. 

Trespass  on  realty  situate  in  another  state, 
injunction  against.     8-519. 

E.     Judicial   Proceedings. 

Criminal  prosecutions,  power  of  equity  to 
enjoin.  1-121;  7-576;  19-459;  1916C- 
1153;  1918E-795. 

Execution  on  dormant  judgment,  injunc- 
tion to   restrain.     13-862. 

Federal  court  proceedings,  power  of  state 
court  to   restrain.     11-744. 

Garnishment  proceedings,  injunction  to  re- 
strain.    12-335. 

Injunction  to  prevent  injunction,  right  to 
issuance.     3-966. 

Proceedings  in  court  of  law,  injunction 
against  in  case  of  fraud,  accident  or 
mistake.     5-727. 

Prosecution  under  invalid  ordinance,  in- 
junction  against.     6-1013;   10-760. 

Eemoval  of  causes,  power  of  federal  court 
to  which  cause  has  been  removed  to 
enjoin  further  proceedings  in  state 
court.     13-1071. 


INJUNCTIONS— Continued. 

F.     Municipal  Matters. 

Business  competition  by  municipality, 
right  of  citizen  to  enjoin.     1918B-118. 

Franchise,  power  of  court  to  determine  va- 
lidity of  municipal  franchise  in  action 
to  enjoin  commission  of  acts  there- 
under.    1914B-490. 

Municipal  contract,  interference  by  in- 
junction with  act  of  letting.     17-653. 

Passage  of  municipal  ordinance  or  resolu- 
tion, injunction  against.  19-208; 
1913E-96. 

Police  surveillance  of  place  of  business  or 
amusement,  injunction  against.  5- 
483;   1913B-713. 

Public  improvements  interfering  with  gas 
or  water  pipes,  right  of  gas  or  water 
company  to  injunction  against  muni- 
cipality.    6-391. 

Violation  of  municipal  ordinance,  muni- 
cipality's right  to  enjoin.     1916C-063. 

— private  individual's  right  to  enjoin  when 
violation  not  nuisance  per  se.     13-203. 

G.    Nuisances. 

Cemetery,  equitable  relief  against  as  nui- 
sance.    5-136;    20-794;    1917B-563. 

Gasworks,  injunctive  relief  against,  as 
nuisance.     21-1253. 

Intoxicating  liquors,  proper  territorial 
scope  of  injunction  against  liquor  nui- 
sance.    1915C-1129. 

Nuisance  in  city  street,  right  of  state  to 
enjoin  or  abate.     16—486. 

Private  nuisance  which  is  also  crime,  right 
of  state  to  enjoin.     1916C-455. 

Public  nuisance  also  crime,  right  of  state 
to  enjoin.    13-794;  1914A-440;  1916D- 

788. 

Stable  as  nuisance,  equitable  relief 
against.     14-894;  1913B-894. 

Suits  by  private  citizens  to  enjoin  nui- 
sances.    1-38;    17-1128. 

Threatened  or  apprehended,  nuisance,  in- 
junction   to    restrain.     2-250;    20-933. 

H.    Public  Officers. 

De  facto  officer,  right  to  injunctive  relief 
against  forcible  dispossession.  1913E- 
736. 


448     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


INJUNCTIONS— Continued. 

Elections,  power  of  courts  of  equity  to 
enjoin.  9-123;  1912A-723;  1918E- 
1153. 

Governmental  agent  as  subject  to  injunc- 
tion for  infringement  of  patent  rights. 
lo-lllO. 

Governor  of  state,  injunction  against.  3- 
393;   11-620;   1913B-789. 

Incumbent  of  office  performing  duties 
pending  election  contest,  right  of  con- 
testant to  enjoin.     16-1052. 

Individual's  right  to  enjoin  act  of  public 
official.     3-1013;    15-1173. 

Misapplication  of  funds,  right  of  taxpayer 
to  enjoin.     3-1014. 

Official  acts  outside  of  jurisdiction,  injunc- 
tion as  remedy  against  public  officer. 
1914C-328. 

Political  rights,  jurisdiction  of  equity  to 
protect.     1915C-989. 

State  officer,  restraining  enforcement  of 
statute  by,  as  suit  against  state  within 
constitutional  provision.     14-791. 

I.    Tax  Matters. 

Erroneous  or  invalid  levy  or  assessment 
as  ground  for  enjoining  collection  of 
tax.     3-564;  12-764;  1915C-755. 

Illegal  tax,  right  of  individual  to  enjoin 
assessment.     3-1014;   1917E-97. 

Nonverification  of  assessment-roll  as 
ground  for  enjoining  tax  collection. 
11-1122. 

Taxpayers,  in  what  matters  entitled  to  in- 
junctive relief.     1913C-892. 

J.    Trespass. 

Animals,  injunction  to  restrain  trespass 
by,     14-550;   1916A-247. 

Blasting  causing  injury  to  premises  of  a 
continuous  character  as  subject  to  in- 
junction.    11-348. 

Trees  or  timbers,  injunction  to  prevent 
injury  to.     11—456. 

Trespass,  injunction  as  remedy  for  con- 
tinuing or  repeated  trespass.     15-1235. 

Waters    and    watercourses,    injunction    as 

remedy     for    wrongful     diversion     of 

watercourse.     1912D-13. 
— equitable  estoppel  as  defense  to  suit  to 

restrain   diversion   and   use   of  water. 

2-786;   1914B-996. 


INJUNCTIONS— Continued. 

3.     Temporary  Injunction. 

Appeal,  temporary  injunction  pending  ap- 
peal from  judgment  denying  perma- 
nent injunction,  power  of  trial  court 
to  grant  or  continue.     21-1362. 

Before  institution  of  action,  right  to  grant 
temporary  injunction.     1913E-462. 

Distinction  between  temporary  restraining 
order  and  temporary  injunction. 
1917B-123. 

Modification  or  suspension  of  preliminary 
injunction  before  trial.     1916E-20'5. 

Order  made  on  motion  to  dissolve  tem- 
porary injunction  as  final  or  interlocu- 
tory.    1912C-898. 


4.    Procedure. 

Alternative  relief  by  decree  awarding 
damages  or  indemnity  bond,  validity. 
13-439. 

Appeal  and  supersedeas  bond,  effect  on 
injunction.     4-231;  7-41, 

Complaint  or  affidavit  upon  information 
and  belief  as  basis  for  injunction, 
1-653;  18-819. 

Limitation  of  time  to  bring  suit  as  affected 
by  injunction.     4-147;  1912D-1022. 

Sunday  issuance  of  injunction,  right  of 
court   to   grant   or   refuse.     1916B-39, 


6.    Breach   of  Injunction. 

Advice  of  counsel  to  person  enjoined  as 
defense  to  liability  for  breach  of  in- 
junction.    1913D-383, 

Contempt,  violation  of  injunction  by  per- 
son not  party  to  suit  as  criminal  con- 
tempt.    3-28;   20-118. 

Good  motive  of  person  enjoined  as  defense 
to  liability  for  breach  of  injunction. 
1913r)-375. 

Violation  of  injunction  after  dissolution, 
right  to  punish.     1915D-1010. 


6.    Injunction  Bonds. 

Abatement   of   action  as   effecting  breach, 
of  injunction  bond.     6-403. 

Action    on    bond,    violation    of    injunction 
as  defense.     19-671. 


INJURY— INNKEEPERS. 


449 


INJUNCTIONS— Continued. 

Damages  sustained  after  injunction  made 
permanent,  recovery  on  bond.  16- 
1123;  1913C-1277. 

Dismissal  of  injunction  suit  as  breach  of 
injunction  bond.     6-401. 

Dissolution  of  temporary  injunction,  right 
to  enforce  injunction  bond.     15-721. 

Judgment  against  principal  as  evidence 
against  surety  on  injunction  bond. 
9-157;   1915D-406. 

Stranger  to  injunction  bond  or  suit,  right 
of  action  on  bond.     6-904. 

Summary  judgment  against  surety  on  in- 
junction bond,  entry  of.     1918C-97. 


7.    Liability   for  WrongfiU   Issuance. 

Counsel  fees,  recovery  as  damages  upon 
dissolution  of  injunction.  8-712;  13- 
262;   1912D-715. 

Damages  resulting  from  improper  suing 
out  of  injunction,  duty  of  injured 
party  to  minimize.     191&C-673. 

Malicious  prosecution,  procuring  wrongful 
issuance  of  injunction  as  ground  for 
action.     1914D-611. 

Municipality,  liability  for  wrongful  in- 
junction.    1912A-212. 


INJURY. 

Business,  injury  as  element  of  damages  in 
eminent  domain  proceedings.  1918B— 
869. 

Credit,  injury  as  element  of  damages  for 
wrongful    attachment.     1915A-1221. 

Personal  injuries.     See  Negligence. 

Personal  property,  injury  as  element  of 
damages  in  eminent  domain,  proceed- 
ings.    8-696;  16-787;  1918B-886. 

Workmen's  compensation,  what  is  "injury" 
or  "personal  injury"  within  act. 
1915C-921;   1918B-362. 


INK. 

Trademark  or  trade  name  as  infringed  by 
similar  name.     1915B-340. 


IN  LOCO  PARENTIS. 

See    Apprentices;     Guardian    and    Ward; 
Parent  and  Child;   Schools. 

Index  to  Notes — 29 


INNKEEPERS. 

1.  In  GeneraL 

2.  Relation  of  Innkeeper  and  Guest. 

3.  Eights  of  Innkeepers. 

4.  Liabilities  of  Innkeepers. 

1.    In  General. 

Burglary  of  hotel,  sufficiency  of  indictment 
with  respect  to  description  of  hotel. 
1913D-873. 

Food  or  accommodations  fraudulently  pro- 
cured by  guest,  criminal  liability 
validity  of  statute.     1915C-1002. 

Frauds  on  innkeepers,  statute  punishing  as 
within  constitutional  provision  against' 
imprisonment  for  debt.  16-1231; 
1915C-1002. 

Homestead  exemption  as  extending  to 
premises  used  for  hotel  or  lodging- 
house.     1913E-1256. 

Hotel,  inn  and  tavern  as  synonymous. 
1914B-874. 

Inspection  of  hotels  or  inns,  validity  and 
construction  of  statute  providing  for 
official   inspection.     1912B-827. 

Intoxicating  liquors,  burden  of  proof  of 
sale  to  hotel  guest  in  prosecution  for 
illegal  sale.     1913C-638. 

— ^hotel  and  tavern  ^s  synonymous  within 
meaning  of  liquor  statutes.  1913B- 
1033. 

— Sunday  sales  of  liquor  to  "guest,"  "trav- 
elers," "with  meals,"  etc.,  under  stat- 
utes permitting  sale.     17-817. 

Licensing  or  regulating  hotels,  lodging  or 
rooming  houses,  validity  of  statute 
or   ordinance.     1916C-290. 

"Trade,"  innkeeper  as  engaged  in. 
1916A-1200. 


2.    Relation  of  Innkeeper  and  Guest. 


jage  intrusted  to  innkeeper  or  em- 
ployee as  establishing  relation  of 
guest.     1918A-541. 

Carrier   by  water,   liability   as   innkeeper' 
for     personal     effects     of     passenger. 
1918E-589. 

Guest  and  boarder  at  hotel  or  inn,  dis- 
tinction between.     14-326;  1914B-729. 

Leaving  horse  at  inn  as  establishing  re- 
lation of  innkeeper  and  guest.  16- 
938. 


450     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


INKKEEPEES — Continued. 

Tenant    and    lodger,    distinction    between. 
1914A-200. 


3.    Blglxts  of  Innkeepers. 

Lien,  boarding-house  or  lodging-house 
keeper,  lien  on  effects  of  boarder, 
lodger  or  guest.     1914D-837. 

— ^property  of  third  persons  in  possession 
of  guests,  innkeeper's  lien  on.  3-626; 
12-404. 

Removal  from  premises  of  guest  acting  in 
improper  or  disorderly  manner,  right 
of  innkeeper.     11-725. 

Transfer  of  guest  from  one  apartment  to 
another,  right  of  innkeeper.     13-1051. 


4.    Llabilltiea  of  Innkeepers. 

Assault  on  guest  by  employee  or  other 
person,  liability  of  innkeeper.     8-688. 

Boarder's  effects,  liability  of  hotel-keeper. 
2-16;   1914B-1180. 

Commercial  traveler's  goods  brought  to 
inn  for  sale  or  show,  liability  with 
respect  to.     1913A-449. 

Condition  of  inn  premises  as  affecting  lia- 
bility to  guest.     15-925 ;  1912 A-1210. 

Delivery  or  deposit  of  goods,  what  con- 
stitutes, under  statute  limiting  lia- 
bility for  effects  of  guest.     12-100. 

Deposit  of  property  for  safekeeping,  ne- 
cessity that  guest  declare  value. 
1914D-367. 

Extraordinary  liability,  relation  of  inn- 
keeper and  guest  prerequisite.  2-346; 
18-985. 

Fire-escapes,  duty  to  maintain.  9-1161 ;  15- 
924. 

Implied  warranty  of  fitness  of  food  sub- 
jecting to  consequential  damages  for 
breach.     16-498. 

Injuries  sustained  by  guest  in  fire,  lia- 
bility of  innkeeper.  1917A-143; 
1917E-852. 

Insult  or  indignity  to  guest,  liability  of 
innkeeper.     1918E-255. 


Liability  of  innkeeper  to  third 
act  of  guest.     19-219. 


person  for 


INNKEEPERS— Continued. 

Loss  of  guest's  watch,  liability  of  inn- 
keeper.    2-491;    1912A-961. 

Prima  facie  liability  of  innkeeper,  proof 
of  loss  of  or  injury  to  goods  of  guest 
as    establishing.     191311-864. 


INNOCENCE. 

Presumption  of  identity  of  person  from 
identity  of  name  as  conflicting  with 
presumption  of  innocence.    1917E-122. 

Subsequent  marriage,  presumption  of  in- 
nocence on  issue  of  validity.     17-680. 


INNOCENT    PURCHASER. 

See  BiUs  and  Notes. 

Conditional  sale,  conflict  of  laws  as  to 
rights  of  innocent  purchaser  from  con- 
ditional  vendee.     1916A-880. 

Corporation,  bona  fide  transferee  of  stock, 
liability  to  corporation  for  unpaid  sub- 
scription.    1914B-748. 


IN  PARI  DELICTO. 

Illegal  contract,  recovery  of  consideration 
paid  on  executed  contract  when 
parties  are  in  pari  delicto.     4-714. 

Marriage,  right  to  annulment  of  void  mar- 
riage where  parties  are  in  pari  delicto. 
1913D-456. 

Paramount  public  interest  as  modifying 
rule  that  where  parties  are  in  pari 
delicto  court  will  aid  neither.  1913D- 
772;  1917E-1040. 


IN  PARI  MATERIA. 

Statutes  in  pari  materia,  construction 
together  of  contemporaneous  statutes. 
18-424;  1915A-186. 


IN  PASSENGER  CONVEY- 
ANCE. 

Meaning     in     accident     insurance     policy. 
1913A-843. 

INQUESTS. 
See   Coroners. 


INSANE  PERSONS. 


451 


INSANE  PERSONS. 

1.  In  General. 

2.  Crimiaal  Liability. 

3.  Civil  Liability. 

4.  Contracts,  Gifts  and  Conveyances. 

5.  Sale  of  Realty. 

6.  Commitment  and  Support. 

7.  Evidence  of  Insanity. 

8.  Insane  Person  as  Witness. 

1.    In  General. 
Adverse  possession  by  lunatic.     1914A-39. 

Amicus  curiae,  power  to  act  for  protec- 
tion of  rights  of  incompetent  person. 
1915A-196. 

Carrier  of  passengers,  duty  and  liability 
with  respect  to  insane  passenger. 
1913D-153;    1916E-256. 

Landlord  and  tenant,  liability  of  com- 
mittee of  lunatic  for  rent.    1916E-819. 

Libel  or  slander,  charge  of  insanity  as 
actionable.     1918E-101. 

Life  insurance,  construction  of  clause  in 
policy  excepting  death  from  suicide 
while  "sane  or  insane."     7-659. 

— suicide  while  insane  as  avoiding  policy 
containing  no  provision  as  to  suicide. 
8-162;  11-779. 

Negligent  or  tortious  acts  of  insane  agent 
or  servant,  liability  of  principal  or 
master.     4-135. 

— liability  of  insane  institution  for  acts 
of  inmate.     12-829. 

Partnership,  dissolution  on  account  of 
mental  incapacity  of  partner.     1913D- 

1148. 

Eape,  intercourse  with  woman  of  un- 
sound mind   as  rape.     1912B-1049. 

Taxation  of  personal  property  of  lunatic, 
situs   for.     7-680. 

• — residence  of  person  non  compos  mentis 
for  purpose  of  taxation,  what  con- 
stitutes.    1917B-731. 

Tort  of  insane  person,  liability  of  parent, 
guardian  or  the  like.     19i5D-224. 


2.    Criminal    LiabiUty. 

Acquittal    of    crime    on    ground    of    insan- 
ity, right  of  person  to  be  discharged 


INSANE  PERSONS— Continued. 

from,  restraint  on  recovery  of  sanity. 
1913A-1260. 

Burden  and  quantum  of  proof  on  issue 
of  insanity  in  criminal  cases.  3-926; 
15-95. 

Confession,  right  of  accused  to  show  in- 
sanity   at    time.     16-1086. 

Defense  to  crime,  validity  of  statute  de- 
claring that  insanity  shall  not  con- 
stitute   defense.     1912B-927.   , 

Epileptic     insanity     in     criminal      cases. 

18-428. 

Hypothetical  questions  to  witness,  ne- 
cessity that  they  contain  all  evi- 
dence  on   point   in   issue.     18-648. 

Irresistible  or  uncontrollable  impulse  as 
defense  to  criminal  charge,  1912A- 
36;  1917C-609. 

Jury  trial  on  question  of  insanity,  right 
of  accused  in  criminal  case.  1913C— 
327. 

Kleptomania.     1914A-886. 

Mentally  diseased  from  use  of  intoxi- 
cants, criminal  responsibility.  19- 
1169. 

Murder  committed  by  insane  person,  ne- 
cessity of  proving  motive.  191 2C- 
238. 

Test  as  to  accused's  irresponsibility  for 
criminal    act.     1916A-984. 

Time  or  stage  in  criminal  proceedings 
when  question  of  insanity  of  de- 
fendant may  be  determined  by  in- 
quisition or  otherwise.  4-393; 
1916E-424. 

Verdict  of  guilty  but  insane  as  affecting 
defendant's  right  of  appeal.  1912A- 
462. 

3.    Civil   LiabiUty. 

Attorney  rendering  services  to  insane  per* 
son,    right    to    recover.     1915A-729. 

Contract  made  by  guardian,  liability  of 
insane    person    for   breach.     11-54. 

Divorce  proceedings,  effect  of  insanity  of 
defendant.     1-252. 

Libel  or  slander  by  insane  person,  insan- 
ity  as   defense.     4-573. 

Limitation  of  action,  interruption  of  run- 
ning of  statute  in  favor  of  insane 
plaintiff.     1912C-1011. 


452     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


INSANE   PERSONS— Continued. 

Party  to  civil  action,  manner  of.  raising 
and  determining  issue  of  mental  ca- 
pacity.    1913A-1349. 

Tort  of  lunatic,  liability  for.     21-1352. 


4.    Contracts,  Gifts  and  Conveyances. 

Bona  fide  contract  of  lunatic  executed 
before  adjudication  of  insanity,  val- 
idity.    1914D-867. 

Conveyance  of  ward,  power  of  guardian 
to   ratify.     1912D-704. 

Corporate  oflScer  executing  contract, 
right  of  corporation  to  avoid  con- 
tract on  ground  of  his  mental  in- 
capacity.    21-617. 

Fairness  of  transaction,  burden  of  prov- 
ing in  case  of  mental  weakness. 
1912A-710. 

General  contract  capacity  and  marriage 
capacity  contrasted.     1913B-123S. 

Gift  by  incompetent  person,  avoidance  in 
action  of  ejectment.  14-507;  1915D- 
1025. 

— inter  vivos  gift  to  feeble-minded  per- 
son.    1913B-1016. 

Homestead  alienation  or  incumbrance, 
right  of  husband  alone  during  insan- 
ity of  wife.     9-14;    15-1122. 

— conveyance  by  husband,  insanity  of 
wife  as  affecting  right  to  convey. 
1917A-78. 

Marriage  with  person  of  unsound  mind 
as  void  or  voidable.     1912D-1127. 

—concealment  or  misrepresentation  of 
mental  capacity  as  ground  for  annul- 
ment  of   marriage.     12-28. 

— mental  incapacity  suflScient  to  invali- 
date marriage,  degree  of.  1913B- 
1234. 

— quantum  of  proof  required  to  invali- 
date marriage  on  the  ground  of  men- 
tal   incapacity.     1913B-1242. 

— ratification  of  marriage  void  by  rea- 
son of  insanity  by  cohabitation  after 
recovery.     6-486. 

Negotiable  paper  signed  or  indorsed  by 
lunatic,    validity    and    effect.     4-539. 

Eelease  of  claim  for  personal  injuries  as 
affected  by  mental  incapacity  of  per- 
son.    3-574. 

Tender  in  behalf  of  idiot  by  stranger, 
sufliciency.    12-82. 


INSANE  PEESONS— Continued. 

Wills,  adjudication  of  insanity  subse- 
quent to  execution  of  will  as  fact 
admissible  in  evidence  on  issue  of 
testamentary      capacity.     1915B-1009. 

— belief  in  spiritualism  as  impairing  tes- 
tamentary capacity.  10-617;  1914C- 
1049. 

— insane  delusion  with  respect  to  rela- 
tive as  affecting  testamentary  capa- 
city. 1916C-4,  29,  33,  35;  1918D- 
471. 

5.    Sale   of  Bealty. 

Judgment  against  insane  person,  enforce- 
ment  by    execution    sale.     15-356. 

Sale  of  lunatic's  real  estate,  notice 
as  jurisdictional  prerequisite.  1912A- 
10?7. 

-—proceeds  of  sale  as  realty  or  person- 
alty.    1915A-158. 

6.    Commitment  and  Support. 

Arrest  of  person  without  warrant,  right 
to  on  ground  of  insanity.  1917D- 
536. 

Commitment  of  insane  persons,  due  pro- 
cess of  law.  1-733;  13-877;  1913C- 
323. 

— effect  of  subsequent  repeal  of  statute 
authorizing.     1-220. 

Inquisition  of  lunacy,  necessity  of  notice 
to  lunatic.     10-216. 

Lunacy  inquiry,  right  to  voluntary  dis- 
missal.    1915D-663. 

Maintenance  of  insane  person,  right  of 
state  to  recover  from  his  estate. 
1913A-577;    1917E-418. 

Married  woman,  liability  of  husband  for 
support    outside    home.     4-787. 

Poor  laws,  insane  person  as  pauper  or 
poor    person.     20-764. 

Eelease  from  insane  institution,  judg- 
ment in  criminal  proceeding  as  res 
judicata  in  proceeding  to  procure. 
21-1189. 

Unlawful  detention  in  hospital  or  insti- 
tution for  insane,  right  to  damages. 
1917C-162. 

7.  Evidence    of   Insanity. 

Ancestors  or  kindred,  admissibility  of 
their  insanity  in  evidence  on  issue 
of    sanity.     6-29;    7-267;    1918B-124. 


INSECTS— INSOLVENCY. 


453 


INSANE  PEESONS— Continued. 

Continuance  of  permanent  insanity,  pre- 
sumption    as    to.     4-491;     1912C-3S«, 

General  reputation  as  proof  of  insanity. 
18-935. 

Opinion  evidence  as  to  mental  capacity 
to  execute  contract  or  deed,  admissi- 
bility.    4-888. 

Suicide  as  evidence  of  insanity.  1912A— 
44;    1916E-488. 

8.    Insane  Person  as  Witness. 

Competency  of  insane  person  as  witness. 
1913E-323. 

Former  deposition  or  testimony  as  ad- 
missible where  witness  becomes  men- 
tally incompetent  to  testify.  1914B- 
2S4. 

Impeaching  one's  own  witness  by  proof 
of   insanity.     1914B-1123. 

"Will,  incompetency  of  witness  as  affect- 
ing probate.     1914C-905. 


INSECTS. 

Accident  insurance,  insect  bite  as  acci- 
dental injury  within  terms  of  policy. 
2-142. 

Extermination  of  insect  pests,  validity 
of  statute  providing  for.     1913A-412. 

Eight  of  land  owner  to  drive  trespass- 
ing insects  on  to  neighbor's  land. 
21-645. 


INSECURITY  CLAUSE. 

Chattel  mortgage,  right  of  mortgagee  to 
take  possession  under  insecurity 
clause.     1914B-1097.     " 


INSOLENCE. 

Servant's      insolence      or      disrespect      as 
ground  for   discharge.     1916A-1016. 

INSOLVENCY. 

See   Assignments    for    Benefit    of    Credi- 
tors;   Bankruptcy;    Receivers. 

In    General. 

Bankruptcy,    what    constitutes    insolvency 
within  bankruptcy  law.     11-449. 


INSOLVENCY— Continued. 

Banks,  checks  forwarded  for  collection", 
effect  of  insolvency  of  bank  after 
collection.     2-118. 

—criminal  liability  of  ofScer  for  receiv- 
ing deposit  as  dependent  on  his  actu- 
ally receiving  deposit  in  person. 
1913B-316. 

— criminal  liability  of  officer  for  receiv- 
ing deposit  consisting  of  check  on 
same  bank.     1916E-592. 

—depositor's  insolvency  as  affecting  right 
of  bank  to  set  off  amount  of  deposit 
against  his  immatured  indebtedness. 
1915A-6S9. 

—intent  as  element  of  offense  in  receiv- 
ing deposit  in  insolvent  bank. 
1917B-1081. 

— ^lien  or  setoff  of  insolvent  bank  against 
deposit  for  debt  of  depositor  not  yet 
due.     1917C-1205. 

— setoff  of  deposit  against  debt  to  in- 
solvent bank,  right  of  depositor. 
1917C-1187,  1203. 

—validity  of  statute  making  it  crime  to 
receive  deposit  in  insolvent  bank. 
20-1323. 

— when  bank  is  insolvent.     1916C-85. 

Barred  debts,  inclusion  in  schedule  as 
revival.     4-939. 

Building  and  loan  association,  insolvency 

as     affecting    right    of    members    to 

withdraw.     8-836. 
— settlement     with     borrowing     members 

upon    insolvency    of    association.     4- 

1080;    10-391;    1914B-1269. 

Chattel  mortgage,  right  of  personal  rep- 
resentative of  insolvent  to  assail, 
validity.     2-712. 

Clearing-house  member,  effect  of  insol- 
vency.    19140-526. 

Composition  agreement  with  creditors, 
construction  and  effect  of  fraud 
thereon.     1914A-836. 

Corporations,  compensation  of  officer, 
right  to  recover  balance  due  on  in- 
solvency  of  corporation.     12-581. 

^enforcement  of  agreement  to  purchase 
stockholders'  shares'  after  insolvency 
of  corporation.     10-145. 

— insolvency,  as  ground  for  suit  by  mi- 
nority stockholders  to  wind  up  corpo- 
ration.    1918E-427. 

— right  of  officers  to  act  for  themselves 
in  opposition  to  corporation  after  it 
becomes  insolvent.     1915B-197. 


454    INDEX  TOTHE  NOTES,  1  AITN.  CAS.  TO  ANN.  CAS.  1918B. 


INSOLVENCY— Continued. 

— securities  deposited  with  state,  right  to 
proceeds  on  insolvency  of  corpora- 
tion.    1914D-439. 

• — stock  subscription,  insolvency  of  cor- 
poration as  affecting  right  to  repudi- 
a,te  for  fraud.     16-178. 

--trust  fund  doctrine  as  applicable  to 
corporation  which  is  going  concern. 
1913E-191. 

Credit  insurance  against  insolvency  of 
debtor,  applicability  of  contract. 
1915A-662. 

Decedent's  estate,  right  of  personal  rep- 
resentative to  recover  payment  made 
to  creditor  in  excess  of  pro  rata 
share.     19-794. 

Executors  and  administrators,  insolvency 
of  personal  representative  as  affect- 
ing liability  of  surety  on  bond  for 
debts  of  representative  to  estate.  2— 
355. 

— legatee's  or  distributee's  power  to  sue 
for  assets  in  case  of  insolvency  of 
personal  representative  of  estate.  4- 
195. 

Factors,  claim  of  factor  for  advances  in  full 
from   insolvent   principal.     6-311. 

Fire  insurance,  cancellation  of  policies  as 
arising  from  insolvency  of  fire  insur- 
ance   company.     17-802;    1915A-1236. 

— insolvency  of  insured,  effect  on  his 
rights  under  fire  insurance  policy. 
14-890;  1914D-931. 

—recovery  on  policy,  right  of  insured  in 
case  of  insolvency  of  company. 
1912C-812. 

Homestead,  insolvent  debtor's  right  to 
use  assets  to  acquire.     1913A-964. 

Injunction,  insolvency  of  trespasser 
wrongfully  cutting  or  injuring  trees 
as   ground  for  writ.     11-458. 

Landlord  and  tenant,  lien  of  landlord 
as  devested  by  insolvency  of  tenant. 
15-386. 

Libel  and  slander,  imputation  of  insol- 
vency to  business  man  as  slander.  8- 
213. 

Life  insurance  policy  as  passing  to 
trustee  for  creditors  on  insolvency  of 
insured.     20-1193. 

Limitation  of  actions,  effect  of  in- 
solvency proceedings  on  time  to 
bring    suit.     4-149;    1912D-1022. 


INSOLVENCY — Continued. 

Malicious  prosecution,  institution  of  in- 
solvency proceeding  as  ground  of  ac- 
tion.    1916D-909. 

Mutual  insurance  company,  distribution 
of  assets  and  surplus  of  insolvent 
company.     7—412. 

Partnership,  right  of  firm  creditors  to 
share  in  individual  assets  of  part- 
ners as  against  individual  creditors, 
on  insolvency  of  partnership.  1915C- 
1176. 

"Person"  in  statute  relating  to  in- 
solvency as  including  private  corpo- 
rations.    20-747. 

Rescission,  undisclosed  insolvency  of  ven- 
dee as  ground  for  rescission  of  sale 
of   goods   by   vendor.     S-505. 

"Residence"  as  synonymous  with  "domi- 
cile" with  respect  to  insolvency  pro- 
ceedings.    1915C-788. 

Revival  of  discharged  debt,  uncondi- 
tional promise  sufficient  to  revive.  9- 
646;    1913C-742. 

Schedule  of  debts  filed  in  insolvency  pro- 
ceedings, effect  of  omission  of  dollar- 
mark.     1915C-335. 

Specific  performance,  inadequacy  of  rem- 
edy at  law  due  to  insolvency  of  de- 
fendant as  ground  for  specific  per- 
formance.    5-273. 

State  insolvency  law  inoperative  because 
of  conflict  with  federal  law,  neces- 
sity for  re-enactment  after  change  in 
federal   law.     19-608. 

— national  bankrupt  law  as  affecting 
state  insolvency  act  with  respect  to 
who  may  be  adjudged  bankrupt. 
1913E-957. 

Statutes,  effect  of  partial  invalidity  of 
state   insolvency  law.     1916D-37. 

Stock  exchange,  membership  in  stock  or 
produce  exchange  as  assets  in  case 
of  insolvency.     10-245. 

— seat  of  insolvent  member,  validity  of 
rule  with  respect  to.     1916E-879. 

Preferences  and  Preferred  Claims. 

Corporation,    preference    and    distribution 
of  assets  to  class  other  than  enumer- 
ated by  statute,  right  of  court  -to  al-     ^ 
low.     1912B-1248.  '     : 

— right    of    insolvent    corporation    to    pre-  ■; 

fer   creditors.     15-121S.  1 


INSOMNIA— INSPECTION. 


455 


INSOL  VENCY— Continued. 

Public  funds  deposited  in  bank  as  con- 
stituting preferred  claim  against  in- 
solvent bank.  8-116;  1913D-3W; 
1916B-1264. 

Setofif  of  deposit  against  debt  to  insol- 
vent bank  as  creating  preference. 
1917C-1190. 

State's  claims  against  insolvent  debtor's 
estate  as  entitled  to  priority,     i-973. 


INSOMNIA. 

Injury    causing    insomnia,    inadequacy   of 
verdict.     1916E-423, 


INSPECTION. 

In  General. 

Boilers,  federal  railroad  boiler  inspection 
act,   construction.     191SC-584. 

— public  regulation  or  inspection  of 
steam    boilers.     1915D-846. 

Carriers  of  goods,  F.  O.  B.  contract, 
right  of  buyer  on  arrival  at  destina- 
tion to  inspect  goods  sold  under  such 
contract.     16-1201. 

Carrier  of  passengers,  liability  for  in- 
juries caused  by  defective  manufac- 
ture of  appliances  as  dependent  on 
inspection    and    test.     1916E-932. 

Electricity,  apparatus  used  as  motive 
power,  duty  of  railroad  to  inspect. 
21-751. 

— wires,  duty  of  electric  company 
to    inspect.     1918C-919, 

Explosives,  failure  to  comply  with  regu- 
lations as  to  inspection  of  explosives 
and  oils  as  creating  liability  for  in- 
juries.    5-182. 

Fees,  levy  under  police  power  for  in- 
spection as  occupation  tax.  1913C- 
593. 

Food,  opportunity  or  lack  of  opportunity 
to  inspect  on  sale  as  affecting  im- 
plied warranty.     15-1083. 

Gas-pipes,  duty  of  gas  company  to  in- 
spect so  as  to  prevent  escape  of  gas. 
19140-345. 

Hotels  or  inns,  validity  and  construction 
of  statutes  providing  for  inspection. 
1912B-S'27. 

Imports,  state  statute  requiring  prelim- 
inary inspection  as  attempted  regula- 


INSPECTION— Continued. 

tion     of     interstate     commerce.     14- 
1103. 

Laundries,  validity  of  provisions  respect- 
ing inspection.     21-976. 

Master  and  servant,  excavations,  duty  of 
master  to  inspect  to  observe  danger 
of  sliding  rock.     21-710. 

.—premises  of  master,  liability  for  in- 
juries to  servant  where  duty  of  in- 
spection is  on  injured  servant,  17- 
1087. 

— public  official's  inspection  of  machinery, 
material,  etc.,  as  relieving  master  of 
duty   to   inspect.     14-71. 

•r— railroad  torpedoes,  duty  of  master  to 
servant  with  respect  to  inspection. 
19-1099. 

»— scaffolding,  relative  duties  of  master 
and  servant  as  to  inspection.  18- 
618;    1913B-1129, 

— tools,  duty  of  master  to  inspect  com- 
mon or  simple  tools,  7-342;  1912 A- 
1004, 

Meat  dealers,  statutory  or  municipal 
regulation  for  inspection.     1912B-510. 

Milk,  constitutionality  of  laws  providing 
for  inspection.     4-119. 

Petroleum  products,  construction  of  stat- 
utory regulation  as  to  inspector's 
fees.     18-785;   1917A-170. 

Property  involved  in  case  on  trial,  power 
of  court  of  equity  to  order  inspec- 
tion.    1914A-613. 

Steam  supply,  necessity  and  sufficiency 
of   inspection.     1915D-851. 

Weights  and  measures,  validity  of  legis- 
lation as  to  inspection,     1912C-253. 

BooJcs,  Papers  and  "Records. 

Corporate  books,  director's  right  to  in- 
spect.    17-837;   1914B-424. 

— foreign  corporations,  court's  power  to 
compel  inspection  of  books  and 
papers.     19-89. 

— remedy  of  stockholder  to  enforce  right 
of  inspection.     19-310. 

— stockholder's  right  to  inspect  as  abso- 
lute or  qualified.  10-990;  20-612; 
1913E-173;    1917A-103;    1917D-898. 

Fee  to  custodian,  right  to  inspect  public 
records  and  n-ake  abstract  without 
payment  of  fee  to  custodian,     6-542. 


456     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


INSPECTION— Continued. 

Grand  jury,  minutes,  right  of  indicted 
person  to  inspect.     4-1055;   18-421. 

N{emorandum  or  paper  used  by  witness 
to  refresh  memory,  right  of  opposite 
party  to  inspect.     9-560. 

Municipal  books  or  papers,  right  of  citi- 
zen or  taxpayer  to  inspect.  1913E- 
60. 

National  bank  books,  right  of  stock- 
holder.    1-130;    1915C-364. 

Transcript  of  court  proceedings  as  privi- 
leged from  inspection.     1916C-876. 


INSPECTORS. 


Municipal    employee 
1914D-1233. 


rather    than   officer. 


INSTALMENT  CON- 
TRACTS. 

Action  for  breach  of  contract  perform- 
able  in  instalments,  successive  ac- 
tions  as  permissible.     6-63. 

Hawking  and  peddling  regulations  as  ap- 
plicable to  sales  on  instalment  plan. 
1912I>-1293. 

Measure  of  damages  of  vendee  for  breach 
of  contract  for  sale  of  goods  deliver- 
able in  instalments.     6-166. 

—vendor's  measure  of  damages  for 
breach  of  instalment  contract. 
19130-122. 

Eejection  of  later  instalments  as  pre- 
cluded by  acceptance  of  prior  instal- 
ments.    20-528. 

Eescission  of  contract  for  successive  de- 
liveries of  goods  for  nonpayment  of 
instalment.  3-901;  11-1049;  1913D- 
1021. 

— rule  for  rescission  in  toto  as  applica- 
ble.    1912A-669. 

Title  to  article  contracted  for,  when 
passes  where  price  is  paid  in  instal- 
ments during  construction.     10-141. 


INSTANTANEOUS 
SEIZIN. 


Application     of 
lien.     7-624. 


doctrine     to    mechanic's 


INSTRUCTIONS. 

In  General. 

Abstract  proposition  of  law  stated  with- 
out applying  same  to  facts  of  case  as 
reversible    error.     1915D-1128. 

Additional  instructions,  open  court,  ne- 
cessity that  further  instructions  re- 
quested by  jury  be  so  given.  14- 
514;    1917A-389,   403. 

— presence  or  consent  of  counsel,  neces- 
sity on  giving  further  instructions 
after  retirement  of  jury.  17-536; 
1917A-409. 

Admissions,  propriety  of  cautionary  in- 
struction relative  to  consideration  of 
verbal    admission.     1918D-298. 

Argument  or  remarks  of  counsel,  admon- 
ishing jury  to  pay  no  attention  to 
remarks  of  counsel  as  reversible  er- 
ror.    1912C-817;   1915B-736. 

— request  to  charge  jury  as  to  improper 
argument,  necessity  of  making. 
1916A-557. 

Breach  of  promise  to  marry,  instruction 
as  to  exemplary  damages.  1914B- 
321. 

Citations  supporting,  propriety  of  deliv- 
ering instruction  containing.  1914B- 
254. 

Coercion  of  jury,  instructions  and  com- 
ments of  court  to  jury  as  constitut- 
ing.    11-1131;   1912D-440;   1915D-66S'. 

"Etc.,"  use  of  term  as  error  in  instruc- 
tion.    191 20-175. 

Falsus  in  uno  falsug  in  omnibus,  neces- 
sity of  charging  jury  that  if  they 
believe  witness  has  testified  falsely 
in  one  particular  they  may  disregard 
all  his  testimony  should  include  pro- 
viso that  false  testimony  must  have 
been  knowingly  and  wilfully  given. 
8-450;    1912D-13ol. 

Issues,  propriety  of  referring  jury  to 
pleadings     to     determine.     19120-227. 

Jury  trial,  statute  regulating  instructions 
on  evidence  as  invasion  of  right. 
1916A-1147. 

Law  of  case  on  appeal,  instructions  not 
excepted  to  as.     1913D-300. 

Libel  and  slander,  effect  of  erroneous  in- 
struction when  jury  are  judges  of 
law.     3-552. 


INSTRUMENTS. 


457 


INSTRUCTIONS— Continued. 

— right  of  court  to  instruct  and  effect 
where  jury  vested  with  power  to  de- 
termine   law   and   facts.     1915D-1270. 

Manner  or  tone  of  court  on  giving 
instruction  as  prejudicial  error. 
1912A-1007. 

Negative  pregnant  in  instruction.  1917A- 
676. 

Negligence,  ordinary  care,  propriety  of 
charging  as  that  which  person  of  rea- 
sonable prudence  "would  use  in  his 
own  affairs,  about  his  own  business, 
in  preventing  personal  injury  to  him- 
self."    1914B-1024. 

■ — proximate  cause  of  injury,  effect  of 
failure  to  instruct  that  negligence 
must  have  been.     20-85. 

Nonproduction  of  evidence  as  warrant- 
ing unfavorable  inference  against 
party,  propriety  of  instruction. 
1914A-934. 

Numerous  or  lengthy  instructions,  pro- 
priety of  requesting  or  giving. 
I91SA-1091. 

Objection  in  addition  to  exception,  ne- 
cessity in  order  to  secure  review  of 
giving.     1912B-1231. 

Perjury  committed  at  trial,  propriety  of 
instructing  jury  to  that  effect. 
1917B-128. 

•—propriety  of  charging  that  if  jury  do 
not  believe  testimony  of  witness 
they  must  deem  him  guilty  of  per- 
jury,    1912D-279. 

Personal  injuries,  instruction  for  al- 
lowance for  medical  expenses  in  ac- 
tion where  there  is  no  evidence  as 
to  such  expenses,  effect  of.  1913D- 
150. 

Remarks  or  instructions  by  court  in  pres- 
ence of  entire  panel  of  jurors  as  re- 
versible error  in  particular  case. 
1915B-824, 

"Jicquire,"  legal  meaning  of  word  as  ap- 
plied   to    instructions.     1912A-1235. 

Sunday,  additional  instruction  to  jury 
on   Sunday,   right   to   give.     1916B-13. 

Technical  terms,  propriety  of  instruction 
containing.     11-622. 


INSTRUCTIONS— Continued. 

Corroboration  of  accomplice,  necessity  of 
cautionary  instruction  upon  uncor- 
roborated evidence  in  jurisdiction 
where  corroboration  is  not  necessary. 
15-699. 

Failure  of  accused  to  testify,  instruction 
as  to.     3-909;  10-950. 

Higher  degree  of  crime,  effect  of  er- 
roneous instruction  where  jury  are 
properly  instructed  as  to,  and  find 
verdict  for,  lower  degree.     14-989. 

Homicide,  degrees,  propriety  of  instruc- 
tion as  to  punishment  imposed  for 
various  degrees.     1917A-752. 

—error  in  charging  with  respect  to  lower 
degree  of  homicide  as  cured  by  ver- 
dict of  guilty  of  murder  in  first  de- 
gree.    1913A-735. 

■ — "feloniously,"  necessity  of  using  word 
in  instruction  defining  murder,  man- 
slaughter, etc.     13-550. 

—lesser  degrees  of  homicide,  duty  of 
court  in  murder  trial  to  instruct  with- 
out special  request.     3-139. 

■ — self-defense,  duty  of  court  to  instruct 
as  to,  where  accused  denies  killing. 
19-120. 

Larceny,  duty  of  court  upon  request  to 
instruct  as  to  law  of  circumstantial 
evidence  where  it  is  shown  that  de- 
fendant had  possession  of  stolen 
property.     8-796. 

Rape,  necessity  for  corroboration  of 
prosecutrix,  effect  of  failure  to  give 
unrequested  instruction.     5-313. 

Reasonable  doubt,  definition  as  doubt  for 
which  juror  can  give  reason,  pro- 
priety of  instruction.     11-1019. 

• — individual  juror,  right  of  defendant  in 
criminal  case  to  instruction  as  to 
reasonable  doubt  dealing  with  in- 
dividual   juror.     11^33. 

— jurors  not  at  liberty  to  disbelieve  as 
jurors  what  they  believe  as  men, 
propriety  and  effect  of  instruction. 
21-564. 

Robbery,  necessity  of  stating  intent  to 
steal  as  element.     21-1143. 


Criminal  Cases. 

Appeal,    Tight    of    defendant  to    complain  INSTRUMENTS. 

of    instruction    given    at  his    request.      Vehicle    as    instrument    within    «xemption 
1913B-75.  statute.     1917D-96. 


458    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918El 


INSUFFICIENCY  OF 
EARNINGS. 

Corporation  as  subject  to  dissolution  at 
instance  of  minority  stockholder  on 
ground  of  insufficiency  of  earnings. 
1918E-426. 


INSULTS. 

Carrier  of  passengers,  liability  to  passen- 
ger for  rude  or  insulting  language 
of  employee.     1914A-17;   1916C-1233. 

Innkeeper,  liability  for  insult  or  indignity 
to  guest.     1918E-255. 

INSURABLE  INTEREST. 
See    Beneficial    Associations;    Fire    Insur- 
ance;    Industrial     Insurance;     Insur- 
ance; Life  Insurance. 


INSURANCE. 

1.  In  General. 

2.  Nature  and  Incidents  of  Contract. 

3.  Application. 

4.  Construction  of  Policy. 

5.  Warranties  and  Representations. 

6.  Waiver  of  Policy  Conditions. 

7.  Breach  of  Conditions  or  Warranties. 

8.  Premiums. 

9.  Beneficiaries. 

10.  Actions. 

11.  Reinsurance. 

12.  Agents  and  Brokers. 

13.  Foreign  Companies. 

14.  Subrogation. 

15.  Mutual  Companies. 

16.  Animal   Insurance. 

17.  Automobile  Insurance. 

18.  Boiler  Insurance. 

19.  Burglary  Insiirance. 

20.  Credit  Insurance. 

21.  Cyclone  or  Tornado  Insurance. 

22.  Employers'  Liability  Insurance. 

23.  Endowment   Insurance. 

24.  Fidelity  and  Guaranty  Insurance. 

25.  Hail  Insurance. 


INSURANCE— Continued. 

26.  Health  Insurance. 

27.  Industrial  Insurance. 

28.  Plate  Glass  Insurance. 

29.  Title  Insurance. 

See  Accident  Insurance;  Beneficial  Asso- 
ciations; Fire  Insurance;  Life  Insur- 
ance; Marine  Insurance. 

1.    In  General. 

Alien  enemies,  war  as  affecting  contracts 
of   insurance   with.     1917C-200. 

Assignment  of  policy  by  parol,  validity. 
5-410. 

Attorney's  lien  on  policy  in  his  posses- 
sion connected  with  litigation. 
1917D-149. 

Bond  by  insurance  company  to  protect 
policy  holders,  judgment  against 
principal  as  evidence  against  surety. 
1915D-410. 

Change  from  assessment  to  level  premium 
plan,  right  of  insurance  company. 
4-361. 

Creditor's  bill  to  reach  interest  under 
policy.     1914B-959. 

Discrimination,  agreement  discriminating 
in  favor  of  insured  as  against  other 
policy-holders.     18-759;    1918D-504. 

Double  insurance,  insurance  effected  by 
carrier  and  by  owner  of  goods  as  con- 
stituting.    11-960. 

False  pretenses  as  constituted  by  fraud 
on   insurer.     1917B-1235. 

"Insurance  company,"  what  is.  191 2D- 
1026;    1916C-1022. 

Libel  and  slander,  communications  be- 
tween company  and  agent  as  privi- 
leged.    1913C-616. 

Lottery  ticket,  validity  of  insurance 
policy   on.     15-541. 

Eefusal  or  failure  of  insurance  company 
to  pay  loss,  constitutionality  of  stat- 
utes providing  damages  or  penalty. 
5-405;  14-301. 

Eegulation  of  companies  delegated  to  offi- 
cer or  board,  validity  of  statute. 
1918E-479. 

Statutes  relating  to  insurance,  effect  of 
partial   invalidity.     1916D-61. 

Trade  or  commerce,  insurance  company  as 
engaged  in.     1913B-979. 


INSURANCE. 


459 


INSURANCE— Continuea. 

— insurance  business  as  "trade."  1916A- 
1200. 

Workmen's  compensation,  allowance  as  af- 
fected hf  receipt  of  insurance  or 
other   benefits.     1918B-635. 

2.    Nature  and  Incidents  of  Contract. 

Advertisements,  illustration  or  the  like, 
as  part  of  insurance  contract.  1918E- 
889. 

Burial  contract  as  insurance  contract. 
1916C-1016. 

Consummation  of  contract  of  insurance, 
when  arises.  9-220;  21-796;  1916B- 
676;    1917D-289. 

"Contract  of  insurance,"  what  is.  1912D- 
1027;  1916C-1022. 

Frauds,  statute  of,  insurance  contract  de- 
pendent upon  contingency  for  per- 
formance within  year  as  within  stat- 
ute.    4-176. 

Law  governing  insurance  contract.  19- 
30;  1913B-925;  1918D-1159;  I918E- 
602. 

Oral  contract  of  insurance,  validity.  &- 
624;   7-1139. 


3.    Application. 

Copy  of  application  to  be  attached  to  or 
delivered  with  insurance  policy,  stat- 
utes  requiring.     14-1094. 

"Escrow"  as  applicable  to  application  for 
insurance.     1916B-1032. 

Misstatement  of  name  in  application  as 
avoiding    policy.     I916D-1297. 

Variance,  application  or  policy  as  gov- 
erning in  case  of.     11-708. 

4.     Construction  of  Policy. 

"Adjacent,"  meaning  of  term  in  policy. 
1913B-169. 

"Adjoining,"  meaning  of  term  as  used  in 
policy    of   insurance.     1913D-846. 

"Collision,"  meaning  of  term  in  insurance 
policy.     1914B-848. 

"Concurrent,"  construction  of  term  in 
policy.     5-755. 

Conditions  or  stipulations  on  back  of 
policy    as   forming   part.     1912B-764. 


INSURANCE— Continued. 

Divisibility  of  insurance  contracts.  2-22; 
11-805;   1912C-989. 

Rule  that  doubtful  terms  must  be  con- 
strued favorably  to  insured  as  ap- 
plicable to  standard  policy.  1913E- 
287. 

"Security,"  insurance  policy  as  "secur-ity." 
1914D-624. 

Written  matter  in  policy  as  controlling 
printed    matter.     1913E-964. 


5.    Warranties  and  Representations. 

Distinction  between  warranty  and  repre- 
sentation.    4—255. 

Infant's  representations  or  warranties  in 
contract  of  insurance,  binding  effect. 
16-271. 

Statement  in  application  designated  as 
warranty,  effect  on  statement.  15- 
621. 


6.    Waiver  of  Policy  Conditions. 

Denial  of  liability  on  policy  on  one 
ground  as  waiver  of  other  grounds  of 
defense.     20-438. 

.Failure  of  insurer  to  inquire  into  exist- 
ing facts  as  waiver  of  conditions  in 
policy.     2-285;   9-994;   1917B-500. 

Knowledge  by  insurer  of  existing  facts 
as  waiver  of  condition  in  policy. 
2-280;    18-686. 

Limitations  on  agent's  authority  to  waive 
conditions  in  policy,  effect.  2-112; 
9-380;   1914A-590. 


7.    Breach   of   Conditions   or  Warranties. 

Immaterial  false  warranty,  validity  of 
statute  providing  that  insurance  con- 
tract shall  not  be  avoided  for.  7- 
1107. 

Increase  of  risk,  knowledge  or  control  by 
owner  of  insured  property  of  act 
constituting  increase  of  risk,  neces- 
sity   of.     7-388;    10-1038. 

Occupation  of  insured,  what  constitutes 
breach  of  condition  in  policy  relating 
to.     7-568;   1916B-739. 

PreviQus  application  for  insurance,  breach 
of  warranty  that  insured  has  not 
made.     7-676;   18-101. 


460    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918K 


INSURANCE— Continued. 

Silence  or  failure  to  act  by  insurer  hav- 
ing notice  of  breach  of  condition  in 
policy  as  waiver  of  forfeiture  or 
breach.     8-500. 

8.    Premiums. 

Acceptance  of  note  for  premium,  effect. 
1-967. 

Forfeiture  of  policy  for  nonpayment  of 
premium  whei^  insurer  is  indebted  to 
insured.     17-506. 

9.    Beneficiaries. 

Divorce  as  affecting  rights  of  beneficiary 
in  insurance.     2-351;  1913D-685. 

"Family,"  persons  included  in  term  when 
used  to  designate  beneficiaries  in  in- 
surance policy  or  benefit  certificate. 
7-684;    11-570;    1917C-694. 

"Heirs,"  meaning  of  term  when  used  in 
insurance  policy  to  designate  bene- 
ficiaries.    5—458. 

Inducing  change  of  beneficiary  in  policy, 
liability  for.     1917A-473. 

"Legal  representatives,"  meaning  of  term 
as  used  to  designate  beneficiaries. 
21-1271. 

10.    Actions. 

Arbitration  and  award,  failure  to  secure 
award  after  submission  as  affecting 
right  of  insured  to  sue  on  policy. 
8-302;   20-253. 

— submission  to  arbitration  as  condition 
precedent  to  suit  on  insurance  con- 
tract containing  stipulation  therefor. 
8-171;  9-83;  1915D-331. 

Dying  declaration,  admissibility  in  action 
on  insurance  policy.     6—70. 

Election  to  avoid  contract  for  breach  of 
warranty,  necessity  of  pleading,  as 
defense  to  suit  on  insurance  policy. 
14-91. 

Frauds,  statute  of,  right  of  insurance 
company  to  raise  objection  that  con- 
tract under  which  insured  acquired 
property  was  within  statute  of 
frauds.     21-1390. 

Inconsistent  defenses  in  action  growing 
out  of  contract.     1917C-717. 

Limitation  of  action,  clause  in  policy 
limiting  time  to  bring  suit  as  affected 
by   minority   of   insured.     20-1291. 


INSURANCE — Continued. 

Ultra  vires  as  defense  to  action  on  policy. 
4-1046. 


11.    Reinsurance. 

Action  on  policy  against  reinsurer,  right 
of  policy-holder  to  bring.  191 4A- 
1144;    1915D-978. 

Limitation  clause,  effect,  after  reinsur- 
ance, upon  rights  of  insured  as  to 
suit  on  policy.     7-37. 

Eecovery  from  reinsurer,  payment  of  loss 
by  reinsured   as  prerequisite.     14-951. 


12.    Agents   and   Brokers. 

Agent  procuring  policy  from  company 
other  than  one  he  represents  as 
agent  of  insurer  or  insured.     20-1232. 

Cancellation  of  policy,  right  of  insurance 
company  to  recover  from  agent  or 
subagent  unearned  premium.  1916A- 
1131. 

Collection  of  premium,  liability  of  agent 
to    company    for    failure.     1916D-651. 

Commissions  on  renewal  premiums,  right 
of  insurance  agent  after  termination 
of  agency.     7-1169;  1912A-529. 

Delegation  of  authority  by  insurance 
agent.     1915D-12. 

Failure  of  agent  to  procure  insurance, 
liability  to  owner  of  propertv. 
1918B-1037. 

Imputability  of  agent's  knowledge,  who 
is  agent  of  insurance  company  so  as 
to  make  his  knowledge  imputable  to 
company.     1913A-849. 

Insolvent  company,  liability  of  insurance 
agent  to  insurer  for  placing  insur- 
ance therein.     1912B-41. 

Licensing  insurance  agent  or  broker,  va- 
lidity  of   statute.     1914B-266. 

Limitations  on  authority  of  agent  to 
waive  conditions  in  policy,  effect  of. 
2-112;    9-380;    1914A-590. 

Policy  on  property  of  corporation  of 
which  insurance  agent  is  stockholder, 
validity   of  policy.     1916D-127o. 

Reduction  or  cancellation  of  policy  as  di- 
rected, liability  of  agent  to  company, 
for  failure.     1918C-1043. 

Violation  of  instruction  in  issuing  policy, 
liability  of  agent  to  company. 
1917B-493. 


I 


INSUEANCE— Continued. 

13.    roreign   Companies. 


INSURANCE.    . 

INSURANCE— Continued. 


461 


Court  interference  with  internal  affairs 
of   foreign    corporation.     19-90. 

Noncomplying  foreign  insurance  company, 
right  to  enforce  domestic  contract. 
9-338. 

Service  of  process  on  agent  of  foreign 
corporation,  insurance  agent  as 
agent  within  statute.  19-203;  1914D- 
988. 


18.    Boiler   Insurance. 
Boiler  insurance.     1915A-651. 

19.    Burglary  Insurance. 
Burglary  insurance.     1913A-1176, 

20.    Credit  Insurance. 
Credit   insurance.     1915A-654;    1917D-75. 


14.     Subrogation. 

Enforcement  by  insurance  company  by 
suit  in  its  own  name,  right  of.  1- 
885;    18-710;    1918A-834. 

Mortgages,  subrogation  of  insurer  to 
rights  of  mortgagee.     1917B-I13o. 

Eelease  by  insured  of  person  causing  loss 
as  affecting  right  of  insurer  to  sub- 
rogation.    1917A-1298,    1308. 

15.  Mutual  Companies. 

Anticipated  or  future  losses,  validity  of 
assessment  on  policy  to  pay.  1914C— 
802. 

Assets  and  surplus  of  mutual  company, 
distribution  upon  dissolution.  7- 
412. 

Cash  premium,  validity  and  construction 
of    policy    issued    for.     1916B-84. 

Forfeiture  or  suspension  of  policy  on  fail- 
ure to  pay  dues,  effect  of  provision 
in  mutual  insurance  contract.  11- 
340. 

Setoff  against  receiver  of  mutual  insur- 
ance company.     1916D-600. 

16.  Animal  Insurance. 

Animal  insurance  companies  or  associa- 
tions.    1915A-614;    1917D-45. 

Livestock,  fire  policy  on  stock  in  desig- 
nated locality  as  covering  animals 
temporarily  elsewhere.     15-661. 

17.    Automobile  Insurance. 

Automobile  insurance.  1915A-627;  1916A- 
1128;  1917D-53;  1918B-1043;  1918D- 
540. 

—liability  of  automobile  owner,  insurance 
against.     1915A-634;   1917D-61. 


21.    Cyclone  or  Tornado  Insurance. 

Cyclone  or  tornado  insurance,  storm  con- 
templated by  policy.     1913A-272. 


22.    Employers'  Liability  Insurance. 

Binding  slip  or  receipt,  effect  as  insur- 
ance contract.     19180-375. 

Costs,  counsel  fees,  etc.,  incurred  by  in- 
sured in  defending  suit,  right  to  re- 
cover from  insurer  where  latter  fails 
to  defend.     1913E-111. 

Estoppel  of  company  to  deny  liability 
under   contract.     1912D-909. 

Insurance  of  employer  against  liability 
to  employees  as  inuring  to  benefit  of 
latter.     1912C-155. 

Jury's  right  to  consider  fact  that  em- 
ployer is  insured  against  accidents 
to  employees.  3-554;  9-323;  1913G- 
359. 

Negligence,  action  against  defendant 
other  than  master,  admissibility  of 
evidence,  or  propriety  of  comment,  on 
fact  that  he  is  insured  against  lia- 
bility.    1914A-948. 

Notice  of  accident,  construction  and  ef- 
fect of  condition  in  policy  requiring 
insured  to  give  insurer  notice.  11- 
258;   1914A-271. 

Settlement,  validity  and  construction  of 
provision  in  insurance  contract  giving 
insurer    control.     1918C-405. 

Time  to  bring  action,  validity  and  con- 
struction of  stipulation  in  policy 
limiting.     9-164. 


23.    Endowment  Insurance. 

Endowment     insurance,    validity    of    con- 
tract.    1915C-948. 


462     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


INSURANCE— Continued. 
24.    Fidelity    and    Guaranty   Insurance. 

Act  or  default  of  employee  covered  by 
fidelity  bond  or  insurance.  1917C— 
420. 

False  representations  of  insured,  effect 
on  validity  of  policy.  8-608  j  1915D- 
732. 

Interest  on  judgment  against  insured, 
liability  of  insurer  on  indemnity 
policy.     1914D-1097;    1917D-866. 

Limitation  of  liability  to  losses  within 
certain  period,  validity  and  construc- 
tion of  provision  in  indemnity  or 
fidelity  policy.     1914C-1210. 

Malpractice  of  physician,  indemnity  in- 
surance against  liability.  1916E- 
1159. 

Premium  paid  for  fidelity  insurance,  re- 
covery of.     1916C-1222. 

Surety  on  fidelity  bond,  discharge  by 
failure  of  employer  to  notify  surety 
of  delinquency  of  employee.  11- 
1031;'"l912D-826. 


25.    Hail  Insurance. 
Hail  insurance.     1915A-674;  1917D-81. 

26.    Health  Insurance. 

"Confined  to  house"  or  similar  phrase, 
meaning  of  term  in  policy.  18-1111; 
1915A-262;   1918C-531. 

Notice  of  illness  to  be  given  within 
specified  time,  validity  of  provision 
in  policy  requiring.     15-218. 

Standard  policy,  construction  of  statute 
requiring.     1916D-670. 

^  27.    Industrial  Insurance. 

Industrial  insurance.     1918B-1186. 

28.    Plate    Glass   Insurance. 

Plate  glass  insurance.  1912A-1091j 
1915B-191. 

29.    Title  Insurance. 
Title  insurance.     1914D-637. 


INSURRECTION. 

Civil    or    criminal    liability    of    soldier  or 

militiaman    for    injury    to    person  or 

property   as   affected   by   existence  of 
insurrection.     1917C-15. 

Suppression    by    enforcement    of    martial 
law.     1914C-56. 


INTEMPERANCE. 

Competency  of  witness  to  testify  that 
person  is  or  was  temperate  or  in- 
temperate.    13-253. 


INTENDINa  PASSENGER. 

When  actually  becomes  passenger.  1- 
605. 

INTENT. 

See  Intention. 
Banks,    misapplication    of    national    bank 
^unds,    intent    as    element    of    offense. 
21-888. 

— receiving  deposit  in  insolvent  bank,  in- 
tent as  element  of  offense.  1917B- 
1081. 

Bribery,  proof  of  other  crimes  to  show 
motive  in  prosecution  for  bribery. 
15-196. 

Burglary,  felonious  intent  as  element. 
1913C-517. 

Disturbing  public  meeting,  intent  as  ele- 
ment  of   offense.     1914B-741. 

Druggist,  intent  in  making  sale  of 
liquor  as  affecting  legality  of  sale. 
1912D-1345. 

False  imprisonment,  intent  as  affecting 
civil  liability  of  judicial  officer. 
1914C-1168. 

Fires,  set.ting  fire  with  intent  to  defraud 
insurance  company  as  essential  ele- 
ment  of   crime.     1913C-1167, 

Homicide,  presumption  of  intent  to  kill 
from  use  of  deadly  weapon  in  manner 
not    usually    employed.     1912A-107. 

Larceny  of  lost  property,  intent  of  finder 
as  rendering  possession  larceny.  20- 
1381. 

Pleading  and  proving  in  prosecution 
under  statute  not  making  intent  ele- 
ment of  offense,  necessity.  1914D- 
181. 


I 


INTENTION— INTEREST. 


463 


INTENT — Continued. 

Postoffice,    use    of    mails    with    intent    to 
defraud,  evidence  of.     18-1047. 

Eobbery,    intent    to    steal    as    element    of 
crime.     21-1138. 

Uncontradicted    testimony    as    to    intent, 
weight    of.     4-987;    12-246. 


INTENTION. 

Abandonment  of  railroad  right  of  way 
as    shown    by   intent.     11-769. 

Bills  and  notes,  renewal  note  as  dis- 
charge of  original  note,  circumstances 
evincing  intention.     1915A-1087,  1094. 

Contracts,  intention  of  parties  to  instru- 
ment not  reduced  to  writing  as  ques- 
tion for  jury.     1913C-1310. 

Criminal    intention.     See    Intent. 

Deeds,  repugnancy  between  grant  in  deed 
and  subsequent  clause  as  affected  by 
intent   of   parties.     1913B-416. 

Elections,  intention  in  voting,  admissi- 
bility of  testimony  of  voter.  1912A- 
296. 

— marks  on  ballot  as  evidencing  intention 
of  voter.     1918A-1132,  1160,  1165. 

Evidence,  direct  testimony  by  party  to  ac- 
tion as  to  his  intention,  admissibility. 
12-4;  1912D-1043. 

Oral  promise  as  original  or  collateral  as 
determinable  by  intention  of  parties. 
1914A-490. 

Partnership,  intent  as  essential  to  creation. 
1916E-440,  444,  449. 

Penalty  or  liquidated  damages,  intent  of 
parties  as  governing  forfeiture  for 
breach  of  contract.     1912C-1021. 

Pledge  or  chattel  mortgage  as  determined 
by   intent   of   parties.     1912B-964. 

Powers,  execution  in  case  of  general  de- 
vise or  bequest,  necessity  of  intention 
therefor  appearing  or  being  presumed. 
16-203. 

Seals,  instrument  with  seal  affixed  but  con- 
taining no  recital  respecting  sealing, 
intention  of  parties  as  determining 
whether  sealed  instrument.     19-675. 

Special  deposit  in  bank  as  determinable  by 
express  or  implied  intention.  1913E-- 
45. 

Wills,  evidence  of  testator's  intention,  ad- 
missibility of  scrivener's  testimony  to 
show.     1913A-1017. 


INTENTION— Continued. 

— gift  of  "real  estate,"  "land,"  etc.,  as  in- 
cluding leasehold,  intention  of  tes- 
tator as  governing.     20-1089. 

— passing  of  after-acquired  realty  by  will, 
intention  of  testator.     18-171. 

— ^written  instrument  not  testamentary  but 
intended  to  take  effect  on  death  of 
maker,  extrinsic  evidence  as  admissi- 
ble to  show  intention.  12-2S7;  1914A- 
89. 


INTENTIONAL  ACT. 

Accident  insurance,  construction  of  policy 
provision  relating  to  injury  resulting 
from  "intentional  act"  of  insured  or 
another.     1914C-1236. 


INTENTIONAL  EXER-  • 
TION. 

Accident  insurance,  intentional  exertion  as 
accidental  means  of  injury  within 
policy.     1-789;  1917A-88. 


INTEREST, 

1.  In  General. 

2.  Eight  to  Recover. 

3.  Computation  and.  Bate. 

See  Usury. 

1.    In  GeneraL 

Alien  enemies,  suspension  of  interest  on 
debt  between.     1917C-199. 

Amount  in  controversy,  inclusion  of  inter- 
est accruing  after  suit  is  brought  in 
determining  amount.  13-396;  1914C- 
530. 

Contract  provision  for  interest  other  than 
provision  fixing  usurious  rate,  validity, 
1918E-747. 

Discrimination  as  to  interest  between  dif- 
ferent classes  of  contracts,  validity  of 
statutes  providing.     7-478. 

Interest  on  overdue  interest  as  usury.  13- 
151. 

Lien  for  interest,  vendee's  lien  for  pur- 
chase money  on  uncompleted  contract 
as  authorizing  lien  for  interest.  8- 
960. 


464    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918B. 


INTEREST— Continued. 

I/imitation  of  actions,  interest  coupons  of 
other  than   municipal  bonds,   running 

of  statute  against.     1912A-733. 
— payment  of  interest  as  affecting  running 

of  statute.     4-634. 

Municipal  bonds,  interest  as  factor  in  de- 
termining whether  municipality  has  ex- 
ceeded constitutional  debt  limit.  17- 
1243;  1918B-598. 

Pleading,  necessity  of  claiming  interest. 
1912A-1223. 

Receiver's  certificates,  issuance  to  pay 
bond  interest.     19130^8. 

Suretyship,  payment  of  interest  in  con- 
sideration of  extension  of  time  as  dis- 
charging surety.     5-442. 

Verdict  of  jury,  power  of  court  to  add  in- 
terest.    10-753. 

"Without  interest,"  construction  of  clause 
in  promissory   note.     1914C-243. 


2.    Bight  to  Recover. 

Advancements,  when  chargeable  in  dis- 
tributing intestate  estate.  1912A- 
955;  1918E-212. 

Annuities,  interest  on  arrearages.     10-339. 

Attorney's  fees,  interest  on.     1916E-249. 

Bail  bond,  allowance  of  interest  on  for- 
feited bond.     1916C-114. 

Bids,  deposit  made  with  bid,  right  to  in- 
terest on  deposit  returned  to  bidder. 
1916C-433. 

Damages,  conversion  of  property  or  in- 
jury thereto,  allowance  of  interest 
upon  damages.     1-763;  18-610. 

— ejectment,  interest  on  rental  value  of 
premises  during  detention,  right  of 
plaintiff  to  recover  as  damages.  16- 
853. 

— ^killing  animal  or  livestock,  interest  on 
value  as  element  of  damages.  5—417; 
13-1142. 

— ^personal  injuries,  right  of  jury  to  allow 
interest  on  damages,  1913B-207; 
1914D-996. 

— vessel  owner's  liability,  right  to  interest 
allowance  on  damages  in  proceedings 
to  limit  liability.     1913D-1236. 

Deposit  in  court,  right  to  recover  interest 
on.     1912B-1005. 

Eminent  domain  proceedings,  right  to  in- 
terest as  part  of  compensation.  15-, 
108. 


INTEREST— Continued. 

Fund  in  litigation  or  deposited  in  court, 
right  to  recover  interest.     1912B-1004. 

Indemnity  insurance,  liability  of  insurer 
for  interest  on  judgment.  1914D- 
1097;  1917D-866. 

Judgments,  modification  of  judgment  on 
appeal  as  affecting  right  to  interest. 
1917C-413. 

Money  paid  by  mistake,  right  to  recover 
interest.     10-307;  1913B-12o9. 

— received  to  use  of  another,  liability  to 
interest  on  detention.     1916A-115. 

Partnership,  partner  as  entitled  to  interest 

on    capital    or    other    funds    due    him 

from  firm.     1913A-173. 
— surviving  partner,  liability  for  interest 

on  share  of  deceased  partner.     4-180; 

1916B-873. 

Public  funds,  depositary's  liability  for  pay- 
ment of  interest.     1916B-1244. 

—liability  of  public  officer  for  interest  re- 
ceived on  public  funds.  8-391; 
1912C-1137;    1918E-105. 

Public  utility,  compensation  payable  by 
municipality  on  purchase  as  including 
interest.     1915B-1176. 

Receivers,  liability  for  interest  for  use  or 
loan  of  receivership  funds.     5-208. 

Salary  of  officer  of  municipality  or  quasi- 
municipality,  right  to  recover  interost 
on  overdue  salary.     1914D-408. 

Special  liability  created  by  statute  without 
provision  for  interest,  right  to  recover 
interest  in  action  under  statute. 
1913B-855. 

State's   liability  for  interest.     1914A-361. 

Surety's  liability  for  interest  when  effect 
is  to  exceed  penalty  of  bond.  1914C- 
1194. 

Taxes,  collection  of  interest  on.     16—471. 
— ^interest     accruing     during     contest     of 
validity   of   tax,   liability   for.     5-649. 

Vendor  and  purchaser,  delay  in  completing 
contract  for  sale  of  land,  liability  of 
purchaser  in  possession  for  interest. 
8-935. 

Waiver,  implied  interest  as  recoverable  af- 
ter payment  of  principal.  1913E-o82. 
1917C-1065. 

— payment  and  acceptance  of  principal  sum 
as  constituting  waiver  of  interest  due 
by  contract.     1912B-1333;  1917C-1065, 


INTEREST  IN  LAND— INTERPLEADER. 


465 


INTEREST — Continued. 

Warrants,  city  warrants,  interest  on.     10- 

209;    1916C-576. 
• — county  warrants,  interest  on.     3-459, 


3.     Computation  and  Rate. 

Implied  contract  as  to  rate  of  interest. 
20-1268. 

Judgment,  variance  of  execution  from 
judgment,  effect  as  regards  collection 
of  interest.     8-169. 

Legacies,  time  from  which  general  pecu- 
niary legacies  draw  interest  in  absence 
of  governing  provision  in  will.  6-525; 
1912B-244;    1915C-1170. 

Partial  payments,  computation  in  case  of. 
13-711. 


INTERNAL  REVENUE. 

Bonds,  sureties  fewer  than  required  num- 
ber, effect.     9-711. 

Forfeitures  for  violation,  when  take  effect. 
7-900. 

Possession  of  internal  revenue  stamp  as 
evidence  of  violation  of  liquor  law. 
1918D-778. 

Eefund  by  or  recovery  of  tax  from  United 
States.     1916A-291,  318,   320. 

"Require,"  legal  meaning  in  statute  re- 
lating to  stamp  duties  on  bonds. 
1912A-1237. 

Stamp  tax  on  marine  insurance  policy  on 
exports  as  tax  on  articles  exported. 
1915D-1090. 

Statutes  relating  to,  effect  of  partial  in- 
validity.    1916D-89. 


INTEREST  IN  LAND. 

Meaning  of  term,  "interest,"  as  used  with 
respect  to  transfer  of  property. 
1912B-524. 


INTERFERENCE  WITH 
CONTRACT  RELATIONS. 

Civil  liabiUty.  2-441;  11-337;  1912B- 
1162;   1915D-522. 

Inducing  breach  of  contract  for  services  of 
theatrical  performer,  liability  for 
1914B-12. 


INTERLINEATIONS. 

Wills,  interlineation  or  alteration  in  will 
made  by  testator.     1915C-74. 

Written  instrument,  admissibility  of  parol 
evidence  to  explain  interlineations  be- 
fore execution.     1913C-344. 

INTERMENT. 

See  Burial. 

INTERNAL  IMPROVE- 
MENT. 

Constitutional  prohibition  against  state  en- 
gaging in  work.     6-307. 

INTERNAL  INJURY. 

Inadequacy  of  verdict.     1916B-424. 
Index  to  Notes — 30 


INTERNATIONAL    EXTRADITION. 

See  Extradition. 

INTERNATIONAL  LAW. 

Action  against  foreign  sovereign  or 
foreign  state,  jurisdiction  of  court. 
14-575;  1918E-527. 

Alien  enemies,  rights  and  liabilities. 
1917C-189,  227,  232, 

Belligerents,  right  to  requisition  goods  of 
neutral.     1916E-245. 

Contraband  of  war  as  including  persons. 
15-241. 

Prize,  enemy  goods  shipped  before  com- 
mencement of  hostilities  as  subject  of 
maritime  prize.     1916B-736. 

' — right  to  bring  prize  into  neutral  port. 
1917D-448. 

Seizure  of  vessels  outside  territorial  juris- 
diction for  violation  of  municipal  law. 
3-811. 

INTERNMENT. 

Person  of  hostile  origin  or  association. 
1917D-409. 

Status  of  internal  alien  enemy.  1917C- 
193. 

INTERPLEADER. 

Necessity  that  bill  or  complaint  show  that 
alleged  claim  has  reasonable  basis  on 
which  to  rest.     1913C-1196. 


466     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


INTERPLEADEE^Continued. 

Privity  of  title  between  claimants  in.  inter- 
pleader.    1-513. 

Sheriff  or  other  officer's  right  to  file  bill  of 
interpleader  to  determine  conflicting 
claims  to  proceeds  of  judgment. 
1913B-231. 


INTERPRETATION 
CLAUSE. 

Construction    of    interpretation    clause    in 
statute.     1914B-186. 


INTERPRETERS. 

Competency  of  interpreter  as  witness  as 
affected  by  relationship  to  party. 
1913r)-286. 

Cross-examination  of  interpreter.  1913B- 
264. 

Examination  of  witnesses  through  inter- 
preter, proper  method.     1912B-726. 

Translation  of  confession  by  interpreter  as 
admissible  in  evidence.     1912B-301. 


INTERROGATORIES 
TO  JURY. 

Answer  by  jury  to  interrogatory,  suffi- 
ciency and  construction  "We  don't 
know,"  or  similar  phrase.     1916B-283. 

Submission  of  special  interrogatories  to 
jury,  common-law  power  and  duty  of 
court.     15-469. 


INTERRUPTION  OF 
EMPLOYMENT. 

Accident  during  temporary  interruption  as 
arising  out  of  employment  within 
Workmen's  Compensation  Act.  1917C- 
£09. 


INTERSTATE  COMMERCE. 

1.  What  Constitutes. 

2.  State  Regulation. 

3.  Federal  Regulation. 

4.  Jurisdiction  of  Courts. 


INTERSTATE  COMMERCE— Continued. 

1.    What  Constitutes. 

Correspondence  school,  carrying  on,  as  con- 
stituting interstate  commerce.  14- 
967;  18-1109. 

Credit  reports,  furnishing  as  constituting 
interstate    commerce.     1912B-339. 

Ferries  between  states.     16-865. 

Foreign  corporations,  transaction  partak- 
ing of  interstate  commerce  as  doing 
business  in  state  by  foreign  corpora- 
tion.    1913E-1154. 

Futures,  contract  for  buying  and  selling 
as  subject  of  interstate  commerce. 
14-1034. 

Insurance  company  as  engaged  in  inter- 
state commerce.     1913B-981. 

Eestraint  of  trade,  contracts  as  within  in- 
terstate commerce   clause.     2-956. 

Transportation  by  independent  railroad 
operating  entirely  within  single  state, 
of  freight  shipped  from  or  to  points 
•without  state,  as  interstate  commerce. 
13-905. 


2.    State  Regulation. 

In  General. 

Attachment  or  garnishment  of  ears  en- 
gaged in  interstate  commerce.     2-350. 

Child  labor,  exclusion  of  goods  produced 
by  child  labor,  validity  of  statute. 
1918E-730. 

Cigarettes,  right  of  state  to  prohibit  im- 
portation.    9-360. 

Convict  labor,  validity  of  statute  requiring 
goods  made  by  convicts  to  be  so 
marked.     1913B-817. 

Game,  prohibition  against  importation  as 
interference  with  interstate  commerce. 
2-229. 

Inspection  of  importations,  state  statute  re- 
quiring preliminary  inspection  as  at- 
tempted regulation  of  interstate  com- 
merce.    14-1103. 

Intoxicating  liquors,  state  regulation  of 
transportation.     1917A-622,  637. 

—when  imported  liquors  become  subject  to 
state  regulation  under  Wilson  Act.  7- 
1132;  20-669, 

Labor  upon  material  to  be  used  in  muni- 
cipal improvements,  state  regulation 
as  interference  with  commerce  clause. 
3-309. 


INTERSTATE  COMMERCE. 


467 


INTERSTATE  COMMERCE— Continued. 

Original  package,  burden  of  proof  of  sale 
in  original  package  in  prosecution  for 
illegal  sale  of  liquor.     1913C-638. 

— what  constitutes  "original  package"  a3 
applied  to  interstate  shipments.  12— 
1116;   1912C-678. 

Railroads,  connecting  carriers,  state  stat- 
utes prescribing  duty  or  liability  as 
regulation.     1-707;  2-517;  9-812. 

— fires,  statute  making  railroad  absolutely 
liable  for  damages  by  fire  as  inter- 
ference with  interstate  commerce,  16- 
944. 

— ^lights  at  crossings,  law  requiring  main- 
tenance as  interference  with  interstate 
commerce.     1912D-407. 

— rate  regulation  of  freight  or  passenger 
traffic  fixed  by  statute  as  interference 
with  interstate  commerce.  14-616; 
21-192. 

— state  regulation  of  railroads  as  inter- 
ference with  interstate  commerce.  7- 
5;  13-147;  1917A-973. 

Rates  for  public  service  corporations,  stat- 
ute vesting  commission  with  power  to 
fix  as  interference  with  interstate  com- 
merce.    1917C-62. 

Removal  of  causes,  statutory  provision 
against  foreign  corporation  removing 
action  against  it  to  federal  court  as 
interference  with  interstate  commerce. 
1912C-1160. 

Separation  of  races,  statute  requiring  sep- 
aration as  applicable  to  interstate  pas- 
sengers.    20-984;  1915B-617. 

Shipment  of  goods  (jut  of  state  for  pack- 
ing or  other  preparation  for  sale, 
validity  of  statute  prohibiting. 
1913D-1173. 

Soliciting  orders  for  intoxicating  liquors 
by  nonresident,  state  regulation  as  in- 
terference with  interstate  commerce. 
10-736. 

Telegraph  companies,  damages  for  mental 
anguish,  statute  permitting  recovery 
from  telegraph  company  as  interfer- 
ence with  interstate  commerce. 
1913C-868. 

— federal  assumption  of  control  of  tele- 
graph companies  as  affecting  state 
statute  or  rule.     1918C-1033. 

— penalizing  negligent  handling  of  tele- 
grams, state  statute  as  regulation  of 
interstate  commerce.  2-513;  21-819; 
a918C-1039. 


INTERSTATE  COMMERCE— Continued. 

Ticket  brokerage  statutes  as  interfering 
with  interstate  commerce.     6-873. 

Workmen's  Compensation  Act  as  applicable 
to  railroad  employees  engaged  in  in- 
terstate commerce.  1914D-663;  1916A- 
821;   1916B-280;   1917D-1148. 


Taxes  and  License  Fees. 

Automobiles,  law  imposing  license  fee  for 
use  of  state  highways  as  regulation  of 
interstate    commerce.     1912D-239. 

Ferry,  taxation  by  state  as  regulation  of 
interstate  commerce.     1914B-684. 

Foreign  corporation,  imposition  of  license 
tax  or  fee  on  foreign  corporation 
doing  interstate  business.  3-632; 
1913C-812;  1916C-1248. 

Intoxicating  liquor,  privilege  tax  for  sale 
of  liquor  on  vessel  engaged  in  interstate 
traffic.     3-263. 

Orders  for  foreign  goods,  state  taxation  of 
business  of  taking  orders  as  attempted 
regulation  of  interstate  commerce.  2— 
701;   7-591;   14-865;   1916B-496. 

Property  delayed  during  transit  between 
states,  state  taxation  as  taxation  of  in- 
terstate   commerce.     5-1019. 

Sales  of  goods  of  foreign  countries,  power 
of  state  to  discriminate  against  by 
taxing  sales.     5-880. 

Telegraph  company,  tax  imposed  by  stat- 
ute or  ordinance  as  interference  with 
interstate   commerce.     1914A-987. 


3.    Federal  Regulation. 

Carmack  Amendment  to  Interstate  Com- 
merce Act,  constitutionality.  1915B- 
81. 

• — initial  carrier  of  goods,  liability  under 
Carmack    Amendment.     1915B-80,    92. 

— livestock  carrier,  limitation  of  liability 
as  affected  by  Carmack  Amendment. 
1915B-86;  1918E-471. 

Car  supply,  unlawful  discrimination  with 
respect  to  car  supply,  effect  of  act  on 
right  of  shipper  to  damages.  1914B- 
52. 

Discrimination  under  act,  agreement  by 
carrier  to  expedite  shipment,  or  to 
transport  property  of  another  railroad 
at  reduced  rite.     1914A-504,  510. 

— prepayment  of  freight  charges  required 
aa  discrimination  within  act.     16-621. 


468     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


INTERSTATE  COMMEECE— Continned.         INTERVENTION— Continued. 


Free  ticket  to  railroad  employees  and 
families,  meaning  of  "family"  as  used 
in  interstate  commerce  act  authorizing 
issuance.     1916B-326. 

Hours  of  service  of  employees,  reports  to 
interstate  commerce  commission  under 
federal  act.     1915D-466;  1918C-813. 

Limitation  of  carrier's  liability  for  injury 
or  loss  of  goods  or  baggage  as  af- 
'  fected  by  Interstate  Commerce  Act 
1912&-672;    1915D-612. 

Bates,  damages  on  ground  of  unreasonable 
freight  charges,  effect  of  interstate 
commerce  act  upon  right  of  shipper  to. 
9-1082. 

— ^injunction  against  enforcement  of  un- 
reasonable freight  rate,  effect  of  Inter- 
state Commerce  Act  upon  right  of 
shipper.     11-849. 

— schedule  established  by  state  law  as  su- 
perseded by  federal  act.     1915B-1212. 

4.    Jurisdiction  of  Courts. 

Damages  for  violation  of  Interstate  Com- 
merce Act,  jurisdiction  of  action  for. 
4-473;  1912A-613. 

Overcharge  in  interstate  shipment  of 
freight,  jurisdiction  of  state  court  of 
action  to  recover.     1913D-272. 


INTERURBAN  RAIL- 
WAYS. 

Fellow-servant  doctrine  abrogated  as  to 
railroad  employees  as  applicable. 
•     1912D-651. 

Passenger,  when  intending  passenger  ac- 
tually becomes  such.  9-1104;  1917C- 
1210. 


INTERVENINa  CON- 
DITION. 

Act  of  stranger  in  attempting  to  remedy 
situation  caused  by  negligence  of  an- 
other as  intervening  cause  relieving 
latter  from  liability  for  resulting  in- 
jury.    14-395. 

Proximate  cause  and  intervening  condition. 
1-230. 


Appeals,  dismissal  by  appellant  as  binding 
on  interveners.     2-796. 

Attachment,  right  of  claimant  of  at- 
tached property  to  intervene.     18-594. 

Charities,  proceeding  in  interest  of  public 
charity,  right  of  state  or  attorney 
general  to  intervene.     1913D-138. 

Contract  creditors,  right  to  interven©  in 
equity.     3-1091. 

Divorce  proceeding,  right  of  third  person 
to  intervene.     1913E-429. 

Escheat,  burden  of  proof  on  third  parties 
intervening  in  proceedings.  1913E- 
384. 

Federal  courts,  intervention  in.  1913D- 
1031. 

Libel  or  slander  action,  right  to  intervene. 
1913B-640. 

Limitation  of  actions,  commencement  of 
action  before  bar  as  inuring  in  favor 
of  intervener.     15-664;   1916B-316. 

Partition  proceedings,  right  of  adverse 
claimant  to  intervene  in  action.  20- 
82. 

Quieting  title,  right  of  intervener  to  jury 
trial  in  action.     18-246. 

Taxpayer,  right  to  intervene  and  defend  in 
actions  affecting  his  interest  as  citizen 
and  taxpayer.     1913C-911. 


INTER  VIVOS. 
See  aifts. 


INTESTACY. 

Presumption  on  showing  of  death.     21-231. 

INTIMIDATION. 

Boycott,  intimidation  as  element  render- 
ing boycott  illegal.     1-178. 

Elections,  rejection  of  entire  vote  of  dis- 
trict where  intimidation  affects  inde- 
terminable number  of  votes.  1918A- 
41,  73. 


INTERVENTION. 

(Administrator  of  intestate  estate,  right  of 
state  to  intervene  and  contest  appoint- 
ment.    1913C-1035. 


INTOXICATED. 

Meaning  of  term  in  accident  policy.     13- 
516. 


INTOXICATING  LIQUORS. 


469 


INTOXICATINa  LIQUORS. 

1.  In  General. 

2.  Intoxicants. 

3.  Constitutionality  of  Laws. 

4.  Sales. 

5.  Licenses. 

6.  Persons  Responsible  Under  Law. 

7.  Actions  and  Prosecutions, 

8.  Contract  Eights. 

9.  CivU  Damage  Acts. 
10.  Local  Option. 

1.    In  GeneraL 

Accident  insurance,  meaning  of  phrase 
"under  the  influence  of  intoxicants"  in 
policy.     13-516. 

Beneficial  associations,  use  of  intoxicants 
by  insured,  construction  of  restriction 
in  benefit  insurance  contract.  1918A- 
623. 

Charities,  gift  for  abolition  of  liquor 
traflBe,  validity.     1914A-1221. 

Covenant  against  sale  of  liquor  as  covenant 
running  with  land.     14-129. 

Execution,  attachment  or  replevin,  liabil- 
ity of  intoxicating  liquors.     17-300. 

Judge  as  disqualified  to  try  cases  involving 
liquor  laws  by  prejudice  against  liquor 
traffic.     1912A-1203. 

Jury,  tasting  or  smelling  liquor  by  jury 
to  determine  whether  intoxicating, 
propriety    of   permitting.     16-218. 

— us3  of  liquor  by  jury  as  ground  for  new 
trial.  10-889;  1912A-1322;  1916A- 
939. 

Libel  and  slander,  charge  of  buying  or 
selling  as  actionable  per  se.  1913C- 
316. 

Prejudice  against  liquor  business  in  which 
party  to  action  is  engaged  as  disqual- 
ifying juror.     20-1313. 

Search-warrants  for  liquor,  affidavits  on 
information  and  behalf,  sufficiency. 
1-653;.   18-817. 

— description  of  premises,  sufficiency.  17- 
232. 

Witness,  impeachment  of  witness  by  show- 
ing intoxication  at  time  of  events  con- 
cerning which  be  testifies.     16-368.    " 

— ^proof  of  liquor  habit  to  impeach  wit- 
ness.    1918A-639. 


INTOXICATING  LIQUOES— Continued. 

— violation  of  liquor  law  as  "crime"  for 
which  witness  may  be  impeached, 
1916A-276.  , 


2.    Intoxicants. 

Cider  as  intoxicating  liquor,     1915D-429. 

Beer,  judicial  notice  as  to  intoxicating 
nature.     1914C-874, 

Beverage  intoxicating  irrespective  of  its 
actual  character,  constitutionality  of 
statute  declaring.     8-52. 

Drinks  as  food.     1913E-1293, 

Jamaica  ginger  or  the  like  as  intoxicating 
liquor.     I916B-370. 

Medicinal  or  toilet  preparations  contain- 
ing alcohol  as  within  purview  of 
statute.     13-638;  1917C-909. 

"Near  beer,"  meaning  of  term.  1913D-124; 
1914C-876. 

Nonintoxicating  liquor  as  included  or  ex- 
cluded under  regulation  of  alcoholic, 
spirituous,  malt  or  vinous  liquor.' 
1917A-94.  ■ 


3.    Constitutionality  of  Laws. 

Advertising,  prohibitory  statutes  with  re- 
spect to  intoxicating  liquors.  1916A- 
905,  931. 

Certain  persons,  validity  of  statutory  reg- 
ulations as  to  frequenting  saloons  by 
and  selling  or  giving  liquors  to  certain 
persons.     3-325;  13-491. 

Conflict  of  state  statute  regulating  sale  of 
liquor  with  federal  law,  necessity 
for  re-enactment  of  state  statute 
after  change  in  federal  law.     19-607. 

Druggists,  validity  of  statute  regulating 
use  and  sale  of  liquor.     10-401. 

Entrance  to  place  of  sale  of  intoxicating 
liquors,  validity  and  construction  of 
statute  or  ordinance  regulating. 
1916B-1021. 

Forfeiture  or  destruction  of  liquors  ille- 
gally kept,  constitutionality  of  statute 
providing,     2-245. 

Giving  away  intoxicating  liquor,  constitu- 
tionality of  statute  prohibiting.  13- 
736, 

Imported  liquors,  when  become  subject  to 
state   regulation.     7-1132;    20-669. 


470    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


INTOXICATING  LIQUORS— Continued. 

Indians,  sale  of  liquor  to  Indians,  validity 
and  construction  of  statutes  forbid- 
ding.    19I2B-1090. 

— state  regulation  of  use  of  intoxicating 
liquor.     1914B-653;  1915D-372. 

Landlord  and  tenant,  fines,  taxes,  etc., 
assessed  against  lessee,  validity  of 
statute  making  property  leased  for 
sale  of  liquors  subject  to  payment. 
18-177. 

License  tax,  nonintoxicating  liquors,  va- 
lidity of  statute  or  ordinance  imposing 
license  tax  on  business  of  selling. 
1914C-841. 

—vessel  engaged  in  interstate  commerce, 
privilege  tax  imposed  for  sale  of  li- 
quor.    3-263. 

Local  option,  constitutionality  of  laws. 
1-378;  7-1164;  14-1001;  1918E-874. 

Number  of  saloons  in  municipality,  valid- 
ity of  statute,  ordinance  or  order. 
1913E-365. 

Particular  locality,  constitutionality  of 
statute  prohibiting  sale  of  liquor.  8- 
258. 

Passenger  conveyance,  drinking,  or  being 
intoxicated  on,  validity  of  statute  pro- 
hibiting.    1913B-1061. 

Possession  for  personal  use,  right  to  pro- 
hibit. 19-163;  1916A-285;  1916Er-780; 
1917E-695. 

Eace  discrimination,  validity  of  liquor 
statute  which  makes  distinction  be- 
tween races  with  respect  to  granting 
of    license    or    otherwise.     1916E-170. 

Residents  or  citizens  of  state,  validity  of 
statute  limiting  grant  of  liquor 
licenses  to.     16-1060. 

Screens,  validity  of  regulating  statute  or 
ordinance  as  to  sitting  in  saloons  or 
use  of  screens.     5-382. 

Soliciting  orders  by  nonresidents,  state 
regulation  as  interference  with  inter- 
state  commerce.     10-736. 

State's  general  power  to  regulate  and  pro- 
hibit traffic  in.  intoxicating  liquors. 
2-98. 

Statute  relating  to  intoxicating  liquor, 
partial  invalidity  of  statute,  effect. 
1916D-62,  104,  127,  136. 

— validity  of  law  under  constitutional  pro- 
vision as  to  title  and  subject  matter 
of  statutes.     20-323. 


INTOXICATING  LIQUORS— Continued. 

Transportation  of  liquor,  prohibition  ter- 
ritory, validity  of  statute  forbidding 
bringing  liquor  into.  14-569;  1916D- 
127;    1917A-740. 

—state  regulation  of  transportation, 
1917A-622,  637;  1918B-278;  1918D- 
887. 

"Webb-Kenyon  law,  validity  and  construc- 
tion.    1915D-1171;  1917B-852. 


4.    Sales. 

"Carrying  on  business,"  meaning  of  term 
as  used  in  statute  relating  to  sale  of 
liquor.     18-33, 

Church,  meaning  of  term  in  statutes  pro- 
hibiting sale  of  liquor  within  specified 
distance  of  church.  9-1113;  1914D- 
774. 

Dealer  in  intoxicating  liquor,  what  con- 
stitutes,    1917A-955. 

Druggist's  sale,  legality  as  affected  by  ele- 
ment of  intent  or  good  faith,  1912D- 
1345, 

i^'Jection  day,  constitutional  or  statutory 
provision  regulating  sale  of  liquor  as 
applicable  to  primary  election.  16- 
252. 

Hotels,  sale  on  Sunday  in  hotels  to 
"guests,"  "travelers,"  "with  meals," 
etc.,  under  statutes  permitting.  17- 
817. 

— what  is  "hotel"  within  statute  regulating 
sale  of  liquor.     1913B-1030. 

Indians,  construction  of  statute  forbidding 
sale  of  liquor  to.     1912B-1090. 

Knowledge  of  seller  that  liquor  will  be 
illegally  resold  as  affecting  validity 
of  sale  by  him.  3-154;  15-269; 
1918B-978. 

Loan  of  intoxicating  liquors  as  sale  within 
purview  of  prohibitory  statute.  14- 
276;   1913A-471. 

Minors,  furnishing  liquor  to  minors,  stat- 
utory prohibition  as  applicable  to 
giving  liquors.     4-1063. 

— ignorance  of  minority  as  affecting  pros- 
ecution for  furnishing  liquor  to  minor. 
18-437. 

— purchase  by  minor  for  another,  liability 
tor  sale  of  liquor  to  minor.  6—867; 
21-187. 

— sale  to  minors  for  medicinal  purposes. 
3-840. 


INTOXICATING  LIQUORS. 


471 


INTOXICATING  LIQUORS— Continued. 
Nuisance,    sale    of    intoxicating   liquor    as 
public  nuisance  per  Be.     14-36. 

Place  of  sale  of  liquors  shipped  C.  O.  D. 
13-828;  1912D-983. 

"Premises,"  what  is  included  in  term  in 
statute  regulating  liquor  sales. 
1916C-1193. 

Prescription  of  physician,  construction  of 
statute  regulating  sale  of  intoxicating 
liquor  on.     1918E-915. 

Eecovery  of  price  of  liquors  sold  illegally 
within  state.     7-360. 

"Require."  legal  meaning  of  term  in  stat- 
ute relating  to  prevention  of  fraud  in 
sale  of  wine.     1912A-1237. 

"School"  or  "schoolhouse,"  meaning  of  term 
within  statute  prohibiting  sale  of 
liquor  within  certain  distance  thereof. 
16-924. 

— "near"  school,  meaning  as  applied  to 
liquor  sales.     1913D-124. 

Social  club  distributing  liquor  to  members 
as  "dealer"  within  statute  regulating 
liquor  traffic.     10-388;  1912A-1089. 

Solicitation  of  orders  in  prohibition  terri- 
tory,  what   constitutes.     1915D-736. 

Sunday  liquor  law,  delivery  on  Sunday  of 
liquor  bought  previously  as  violation. 
1914A-639. 

Trade,  business  of  selling  liquor  as  trade. 

1916A-1200. 
— wine    merchant    as    engaged    in    trade. 

1916A-1201. 

Wholesale  and  retail  sales  of  liquor,  dis- 
tinction between.     18-187. 

5.    Licenses. 

Assignment  or  transfer  of  liquor  license, 
right  of.     1913A-461. 

Collection  of  liquor  license  by  suit.  12- 
173. 

Consent    to    issuance    of   license,    abutting 

owners.     1-60. 
— infant,  power  to  consent.     1916C-497. 
— "owner,"  who  is  under  statute  providing 

for  consent  or  remonstrance.     16-1229. 

Corporation,  right  to  license  for  sale  of 
liquors.     17-1001. 

Death  of  licensee,  effect  on  rights  under 
liquor  license.     1915B-524. 

Failure  of  license  without  fault  of  licensee, 
right  to  recover  fee  paid.     17-187. 


INTOXICATING  LIQUORS— Continued. 

Freeholder,  person  who  becomes  qualified 
freeholder  for  sole  purpose  of  petition- 
ing for  or  consenting  to  issuance  of 
liquor  license  as  bona  fide  freeholder 
•within  statute.     16-276. 

— who  is  freeholder  as  applied  to  petitioner 
on  surety  under  liquor  law.  1913D- 
334. 

Judgment  against  principal  as  evidence 
against  surety  on  liquor  dealer's  bond. 
9-158;  1915D-:^09. 

Mandamus  to  control  issuance  of  liquor 
license.     1918A-687. 

"Owner"  who  is  "under  statute  providing 
for  consent  or  remonstrance  of  prop- 
erty owners  to  issuance  of  liquor 
license.     10-1229. 

Partnership,  rights  of  parties  under  liquor 
license.     10-910;  1913A-847. 

Persons  not  described  in  prohibition 
against  certain  persons  from  engaging 
in  liquor  business  as  entitled  to  li- 
cense.    1913I>-633: 

Places  of  business,  right  of  single  license 
holder  to  conduct  more  than  one  place 
of  business.     3-1109. 

Prohibition  against  council  or  executive 
officer  of  municipal  corporation,  issu- 
ance to  prevent  issuance  of  liquor 
license.     20-962. 

Quo  warranto  to  test  right  to  sell  intox- 
icating liquor  under  license,  propriety 
of.     18-526. 

Revocation  of  license,  damages  for  wrong- 
ful revocation,  right  of  licensee.  14- 
674. 

— ^judicial  review  of  revocation,  right  to 
and  effect.     1917A-1024. 


6.    Persons  Responsible  Under  Law. 

Agent  or  messenger  for  purchaser,  liability 
of  person  so  acting  for  violation  of 
liquor   law.     1912C-633;    1917E-600. 

— personal  liability  of  liquor  dealer's  agent 
for  violation  of  law.     19-582. 

Corporation,  criminal  liability  for  violation 
of  liquor  law.     1916C-465,  476. 

Criminal  acts  of  intoxicated  person, 
liability  of  one  who  sells  liquor  to  him. 
1913A-511. 

Master  and  servant,  criminal  liability  of 
master  for  violation  of  liquor  law  by 
servant.     13-708. 


472    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


INTOXICATING  LIQUOES— Continued. 

— illegal  sale  by  servant  of  licensee  against 
instructions,  liability  of  licensee.  13- 
324;    1912A-1109;    1915B-380. 

— personal  liability  of  servant  of  liquor 
dealer  for  violation  of  liquor  law.  19- 
582. 

Partnership,  illegal  sale  by  partner, 
liability  of  copartner.     8-276. 

Social  dab  distributing  to  members,  ap- 
plication of  statute  regulating  liquor 
traffic.  10-386,  1S12A-1088;  1915B- 
1064j  1916D-940. 

7.    Actions  and  Prosecutions. 

Defenses,  ignorance  of  character  of  liquors, 
gold  as  defense  to  prosecution  for 
illegal  sale.     12-472. 

— impossibility  of  securing  license  as  de- 
fense to  prosecution  for  selling  liquor 
without  license.     18-95. 

— ^inducement  to  violate  liquor  law  with 
view  to  prosecution  as  constituting  de- 
fense.    17-296;  1916C-732. 

— inquiry  into  validity  of  license  produced 
by  defendant  in  prosecution  for  sale 
of  liquors  without  license.     12-714. 

— wrongful  refusal  of  license  as  defense 
to  prosecution  for  sale  of  liquor  with- 
out license.     17-60. 

Election  between  several  acts  proven  as 
violations  of  liquor  law,  right  of  ac- 
cused to  compel  prosecution.     20-J070. 

Evidence,  local  option  law,  burden  of  proof 

of  adoption  in  prosecution  for  illegal 

sale.     1913C-627. 
— nonintoxicating  character   of  liquors   as 

defense,  burden  of  proof.     1913G-639. 
— other   offenses,   proof   in    prosecution    for 

violation  of  liquor  law.     18-846. 
^possession  of  federal  license  as  evidence 

of    violation    of    liquor    law.     1918D- 

775,  792. 

—record  of  sales  of  liquor  kept  by  drug- 
gist, right  to  use  as  evidence  against 
him.     20-1182. 

— right  to  sell,  burden  of  proof,  in  prosecu- 
tion for  illegal  sale.     1913C-626. 

Indictment  or  information,  form  of  indict- 
ment for  illegal  sale,  construction  of 
statute   prescribing   form.     1918C-560. 

—intoxicating  quality  of  liquor,  necessity 
of  alleging  and  proving  in  prosecution 
for  illegal  sale.     13-117. 


INTOXICATING  LIQUOES— Continued. 

— ^local  option  law,  necessity  that  indict- 
ment for  violation,  should  allege  adop- 
tion, etc.,  of  law.     10-1012. 

— name  of  purchaser,  necessity  of  al- 
leging in  prosecution  for  unlawful  sale 
of  liquor.     4-98;  13-128. 

— price  or  consideration,  necessity  of  al- 
leging in  prosecution  for  unlawful  sale 
of  liquor.     19-693. 

Injunction  against  liquor  nuisance,  proper 
territorial  scope.     1915C-1129. 

Penalties,  action  for  penalty  for  violation 
of  liquor  statute.     1916E-868,  877. 

Private  citizen,  right  to  maintain  action  to 
enforce  liquor  law.     15-1015. 

Ees  judicata,  judgment  in  criminal  pro- 
ceeding as  res  judicata  in  civil  or 
penal  action  under  liquor  law.  6-496; 
21-1187. 

Sentence  and  punishment,  cruel  and  un- 
usual punishment  for  violation  of 
liquor  law.     19-730;   1918B-401. 

— joint  or  several  judgment  and  sentence 
in  case  of  two  or  more  defendants 
jointly  convicted  of  illegal  sale  of 
liquor.     1913C-77. 

8.    Contract  Eights. 

Insurance,  validity  of  policy  on  intoxicat- 
ing liquors  illegally  kept.     15-541. 

Landord  and  tenant,  knowledge  of  land- 
lord that  premises  are  to  be  used  for 
illegal  sale  of  liquor  as  affecting  his 
right  to  rent.     1918C-442. 

— ^lease  for  saloon  purposes,  rights  of  land- 
lord and  tenant  inter  se  where  tenant 
is  subsequently  unable  to  use  premises 
for  that  purpose.  15-1103;  1913E- 
263;  1916B-1026;  1918D-1145. 

— ^uae  of  leased  premises  for  illegal  sale  of 
liquor,  as  forfeiting  tenant's  rights  un- 
der lease.     1913C-1354. 

Partnership,  rights  of  partners  under  liquor 
license.     10-910;  1913A-847. 

Sale  of  liquors,  validity  where  seller 
knows  same  will  be  illegally  resold.  3- 
154;  15-269;  1918B-978. 

9.     Civil  Damage  Acts. 

Death  by  intoxication,  damages  for.  1- 
134;  1917B-530. 

Excessive  verdict,  what  is  in  action  for 
death  under  '^ivil  Damage  Act.  18- 
1238;   1915C-160. 


INTOXICATION— INVOICE  VALUE. 


473 


INTOXICATINa  LIQUORS— Continued- 
Furnishing   liquor   as   proximate   cause    of 

injury   under   act.     3-59;    S-llSO;   13- 

200. 

Joinder  of  defendants  in  action  under 
Civil   Damage    Act.     14-1057. 

Juror  as  disqualified  by  prejudice  as  to 
business  of  party  to  action.     20-1314. 

Several  persons  contributing  to  intoxica- 
tion, liability  under  Civil  Damage  Act. 
21-394. 

10.    Itocal  Option. 

Adoption  of  local  option  law,  burden  of 
proof  in  prosecution  for  illegal  sale 
of   liquor.     1913C-627. 

Change  in  law  as  affecting  locality  which 
has  adopted  local  option.     21-663. 

Constitutionality  of  local  ontion  laws. 
1-378;  14-1001;  1918E-874. 

Elections  under  local  option  law,  judicial 
notice.     18-191;  1915C-333. 

Territory  affected  by  adoption  of  law. 
21-1015;  1917C-512. 

INTOXICATIOIT. 
See  Druckeimess. 


INTRASTATE  COMMERCE. 

Eailroad  employee  engaged  in  as  within 
purview  of  Workmen's  Compensation 
Act.     1918B-664. 


INVENTIONS. 

See  Patents. 


INVENTORY. 

Decedent's  estate,  right  to  appeal  from 
order  relating  to  inventory.  1913C- 
860. 

Fire  insurance,  making  and  preserving 
inventory,  necessity  under  iron-safe 
clause  of  policy.  9-468;  14-1079; 
1913C-1223;   191SE-394. 


INVERSE  ORDER  OF  ALIENATION. 

See  Marshaling  Assets. 


INVESTIGATING  COM- 
MITTEES. 

Appointment  of  committee  to  sit  after 
adjournment  of  session,  power  of 
legislature.     11-649;    1916B-1147. 

Contempt,  power  of  legislative  committae 
to  punish  witness.  7-877;  1916B- 
1117. 

Elections,  power  of  committee  with  re- 
spect    to    investigation.     1916B-1057. 

General  powers  and  privileges  of  commit- 
tee.    1916B-1055. 

Slander  by  witness  testifying  before  legis- 
lative committee,  privilege  from  lia- 
biUty.     1916B-1114. 


INVESTMENTS. 

Attorney's  liability  to  client  for  negli- 
gence  in   investing  funds.     1917B-21. 

Blue  sky  law,  validity  and  construction. 
1916A-706. 

Fiduciary  funds,  right  to  invest  in  private 

corporate  stock.     16-69. 
• — right    of    fiduciary    to    invest    beyond 

jurisdiction  of  appointing  court.     14- 

834. 

Inducement  presented  for  investment  as 
scheme  to  defraud  within  postal  laws. 
1914D-1245. 

Trust    funds   deposited   in   bank,   personal 

liability   of   trustee   for   loss.     1915C- 

51. 
^instruction   of    trustee    by    court   as    to 

investment.     1912A-637. 
H— trust      company's     liability      for     loss. 

1914A-1027. 


INVITEES. 

Licensees  and  invitees,  distinction  be- 
tween.    1913C-570. 

Owner  of  premises,  duty  to  invitee  who 
temporarily  follows  purpose  of  his 
own.     17-591. 

Wharves,  docks  or  piers,  duty  to  invitees. 
1916C-141. 


INVOICE  VALUE. 

Meaning     of     "invoice     value."     "invoice 
cost,"  "invoice  price."     1918E-o41. 


474    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


INVOLUNTARY    SERVITUDE. 

See  Peonage. 

IRON  BAR. 

Deadly  •weapon,  iron  bar  as.  1912A- 
1332. 

IRON-SATE   CLAUSE. 
See  Fire  Insurance. 

IRON  WEIGHT. 

Deadly  weapon,  when.     1912A-1333. 

IRREGULARITIES. 

Divorce,  continuance  of  case  for  correc- 
tion of  irregularity.     1914B-361. 

Elections,  effect  on  ballots  cast  of  official 
irregularity  in  election.  12-722; 
1912A-171;   1915A-1008. 

— irregularity  affecting  indeterminable 
number  of  votes,  rejection  of  entire 
vote    of    election    district.     1918A— 41, 

Judicial  sales,  irregularity  as  ground  for 
setting  aside.     1914D-7,  21. 

Process,  appeal,  effect  on  irregularities 
in  service  of  process  in  court  below. 
1912D-411. 

— collateral  attack,  irregularities  in  ser- 
vice of  process  as  affecting  court's 
jurisdiction.     1-923. 

IRRESISTIBLE  IMPULSE. 

Defense  to  criminal  charge,  irresistible 
or  uncontrollable  impulse  as  defense. 
1912A-36;   1917C-609. 

Kleptomania   as   within   rule.     1914A-886. 

IRRIGATION. 

1.  Tji   General. 

2.  Irrigation  Companies  and  Districts. 

1.    In  General. 

Damages  arising  from  construction  of 
ditch,  liability  of  owner.  13-267; 
1916D-9S1. 

Destruction  of  irrigation  ditch,  liability 
of  third  person  to  landlord.  1912D- 
124. 


IKRIGATION— Continued, 

"Inch"  in  water  measurement,  meaning. 
1916B-1230. 

Interference  with  use  of  water,  right  of 
action.     21-619. 

Obstruction  of  or  injury  to  ditch,  right 
of  water  user  to  damages.  1913E- 
106. 

Public  use  or  benefit,  irrigation  as.  1- 
304;   4-1174;    14-905. 

Eiparian  owner,  right  to  use  water  for 
irrigation.     17-829. 

Eotation  in  use  of  water,  doctrine  of. 
1914A-322. 

School  or  other  public  lands,  power  of 
legislature  to  authorize  appropriation 
for    irrigation    purposes.     1914B-338. 

Statutes,  effect  of  partial  invalidity. 
1916D-49. 

Storage  of  water  for  purpose  of  irriga- 
tion.    1916A-423. 

United  States,  power  to  condemn  land  for 
irrigation    purposes.     1918E-48. 

Vendor  and  purchaser,  land  owner's  obli- 
gations to  third  person  under  irriga- 
tion contract  as  imposing  liability 
on   purchaser.     1913B-528. 


2.    Irrigation  Companies  and  Districts. 

Advance  charges  for  service,  right  of  irri- 
gation company  to  require  payment. 
1914D-119. 

Failure  of  companj'  to  supply  water  in 
accordance  with  contract,  what  con- 
stitutes excuse.     1912C-1031. 

"Freeholder"  qualified  to  petition  for  or- 
ganization of  district,  who  is.  1913D- 
335. 

Lands  which  may  be  included  in  irriga- 
tion  district.     1916A-1222. 

Priority  of  right  to  use  water  of  irriga- 
tion  company.     1913D-625. 

Eates  of  irrigation  company,  power  of 
court    to   fix    or   regulate.     16-799. 

Eules  or  regulations  of  company,  validity, 
1912D-137. 

Torts,  liability  of  irrigation  district  for 
torts.     15-9  OS. 


ISLANDS-JEOPARDY. 


475 


ISLANDS. 

Accretions,  apportionment  between  island 
and  mainland  proprietors.  1914A-481; 
191SE-1000. 

Biparian  ownership  of  bed  of  river,  doc- 
trine as  extended  to  islands.  1913A- 
782. 

ISSUE. 

Adopted  child,  designation  of  issue  in 
will  or  deed  as  covering.  18-521; 
1912A-327. 

— statutes,  term  "issue"  as  including 
adopted    child.     1912A-326. 

Breeding    animal,    guaranty    of    offspring. 

1916A-576. 
— ownership  of  issue.     1916A— 584. 
Illegitimates,    "issue"    and    "lawful    issue" 

as  regards   illegitimates.     5-936. 

Possibility  of  issue  from  legal  stand- 
point.    1914B-870. 

Presumption  as  to  existence.  1915C- 
1061,  1067,  1070. 

Will  as  revoked  by  birth  of  issue. 
1913D-1318. 


ISSUED. 

Life     insurance    policy,    when    is    issued. 
19143-906. 


ISSUES,  PROOF  AND 
VARIANCE. 

See  Pleading. 

New  trial  granted  by  appellate  court, 
right  to  limit  issues  to  be  tried  by 
jury.     7-116;    1912D-593. 


ISTHMIAN  CANAL. 

Workmen's  Compensation  Act  as  applica- 
ble to  employment  in  connection  with 
Isthmian  canal.     1917D-16. 


ITINERANT  PRACTI- 
TIONER. 

statutory  regulation  of  itinerant  physi- 
cians or  venders  of  drugs.  10-401; 
1913D-1242. 


JAILS. 

See  Prisons  and  Prisoners;  Eeformatcries. 

Eminent  domain,  taking  land  for  jail  as 
public  use.     14-906. 

False  imprisonment,  or  malicious  prose- 
cution, right  of  plaintiff  to  show 
conditioin  of  jail  where  he  was  con- 
fined and  his  treatment  therein.  19- 
614, 

Nuisance,  when  jail  constitutes.  1913E- 
860. 

Unsafe  or  unhealthy  condition,  liability 
of  municipal  corporation.  4-516; 
12-797;    1913B-1280;    1915D-153. 


JAMAICA  GINGER. 

Intoxicating      liquor,      when      cqnstitutes. 
1916B-370. 


JANITORS. 

Independent  contractor,  janitor  as. 
1918C-656. 

Workmen's  Compensation  Act  as  applica- 
ble to  janitor  in  office  building. 
1917D-42. 


JAPANESE. 

Competency  as  witness.     18-981. 

JAW. 

Injurv    to    jaw,    inadequacy    of    verdict. 
1916B-424. 

JEOPARDY. 

See  criminal  Law. 


476     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


JESTS. 

Defamation   by  jest  as   libel.    1-330. 

JEWELRY. 

Baggage  of  passenger.     21-733. 

Innkeeper's  liability  for  loss  of  watch 
of  guest.     1912A-961. 

Jeweler  as  engaged  in  "trade."  1916A- 
1200. 

Wife's  jewelry  bought  with  husband's 
money,  ownership  as  between  spouses. 
16-508. 

JITNEY  BUSES. 

Common  carrier  of  passengers,  proprietor 
of  jitney  bus   as.     1917C-1060, 

State  or  municipal  regulation.  1916A— 
1233;   1917C-1051;   1918C-946. 

JOINDER  OF  ACTIONS. 
See  Actions  and  Proceedings. 


JOINT  DEPOSITS. 

Joint  tenancy  as  created  by  joint  deposit 
in  bank.     1916D-522. 

Eight  of  parties  to  joint  deposit  in  bank. 
1916D-519,  529,  033. 


JOINT  OBLIGATIONS. 

Failure  of  one  principal  to  sign,  effect, 
1912A-1015. 

Limitation  of  actions,  acknowledgment  of 
debt  by  one  as  barring  defense  by 
others.     17-176. 


JOINT  OWNERS. 

Alienation  by  or  to  joint  owner  as  change 
in  title  or  interest  within  condition 
in  fire  insurance  policy.  1916B-954; 
1917B-1228. 

Sale  by  one  of  interest  in  property  in 
possession  of  other  as  necessitating 
actual  change  of  possession  within 
rule  as  to  fraudulent  conveyances. 
1912B-460. 

Taxation  of  property,  proper  mode  of  as- 
sessment.    1914A-568. 


JOINDER  OF  PARTIES. 

See  Parties. 

Criminal  law,  right  to  join  two  or  more 
defendants  in  prosecution  for  viola- 
tion   of   license    statute.     1918A-571. 

Mandamus,  who  may  join  as  relators. 
1918C-873. 

Quo  warranto  proceedings.     1918D-214. 


JOINT  ADVENTURES. 

Mutual  rights  and  liabilities  of  parties. 
17-1022;  1912C-202;  1914C-691; 
1916A-1210. 

(Settlement  of  accounts  between  joint  ad- 
venturers.    1912C-204. 


JOINT  DEBTORS. 

Part  payment  by  one  as  suspending  run- 
ning of  statute  of  limitations  against 
others  not  authorizing  or  ratifying 
act.     19I2D-1328. 


JOINT  PURCHASE. 

Contract  for  joint  purchase  of  goods  from 
third  person  as  within  statute  of 
frauds.     1918C-744. 


JOINT  RESOLUTION. 

Legislative     joint     resolution     as     having 
force  and  effect  of  law.     18-706. 


JOINT  STOCK  COMPANY. 

Citizen,    company    as    included    in    term. 
1917C-878. 


JOINT  TENANCY. 

See  Tenants  in  Common. 

Conveyance  to  two  or  more  providing  for 
right  of  sur\-ivorship  as  creating  joint 
tenancy  instead  of  tenancy  in  com- 
mon.    1917B-119,  121. 

Devise  to  persons  jointly  as  creating 
joint   tenancy.     1914C-233. 

Joint  deposit  in  bank  as  creating  joint 
tenancy.     1916D-522,  533. 


JOINT  TORT-FEASORS-^UDGES. 


477 


JOINT   TORT-FEASORS. 

Action  between,  on  claim  satisfied  by  and 
assigned  to  one  of  them.     9-519. 

Death  by  wrongful  act,  actions  for 
against  joint  tort-feasors.     1-491. 

Electric  companies  negligently  permitting 
wires  to  come  in  contact  as  jointly 
liable  for  resulting  injuries.  1918C— 
921. 

Indemnity  between,  right  under  contract, 
21-122. 

Persons  contributing  to  intoxication  under 
Civil  Damage  Acts.     21-394. 

Eelease  of  joint  tort-feasor,  effect.     1-63; 

11-397;   1913B-270;    1918D-279. 
— one  joint  tort-feasor  not  actually  liable, 

effect   of  release.     8-1042;    12-1065. 

Unfavorable  judgment  against  one  tort- 
feasor in  foreign  state  as  bar  to  ac- 
tion against  another  in  domestic  state. 
1913E-882. 

>  Verdict  or  judgment  rendered  against  all, 
power  of  court  to  set  aside  or  reverse 
as  to  part.     19-797. 


JOINT  TRESPASSERS. 

Joint    libelants    as    joint    trespassers.     1- 
875. 

Trespass  by  animals,  joint  or  several  lia- 
bility of  owners.     8-1072. 


.     JOINT  WILLS. 

Validity  and  probate.     2-26. 

JOKES. 

Playful  or  mischievous  act  of  fellow- 
servant,  liability  of  master  to  ser- 
vant injured.     1912C-422. 


JOURNALS. 

Impeachment    of    act    of    legislature    by 

reference      to      legislative      journals. 

9-582;    20-350;    1918D-253. 
Judicial   notice   of   contents   of  legislative 

journals  on  issue  as  to  enactment  of 

statute.     1916E-1284. 


JR. 

Names,  effect  of  use  of  .Tr.  in  connection 
■with  name.     1917A-1211. 


JUDGES. 


1.  In  Greneral. 

2.  Powers  and  Duties. 

3.  Bights  and  Liabilities. 

4.  Disqualification. 

6.  Change  of  Judge. 

See  Courts. 

1.    In  General 

"Absence"  or  "absent"  as  applied  to 
judge,  what   constitutes.     1912C-353. 

— duty  of  presiding  judge  not  to  absent 
himself   from   trial.     2-8;    16-627. 

Change  in  number  of  judges  sitting  in 
trial  or  appellate  court  by  statute  as 
ex  post  facto  with  respect  to  offense 
committed  before  its  enactment. 
1912C-1121. 

Comment  by  court  on  fact  that  defend- 
ant in  action  for  negligence  is  in- 
sured against  liability,  propriety  of. 
1914A-951. 

Contempt  of  court,  reflections  on  minis- 
terial duties  of  judge  as  constitut- 
ing.    15-658. 

"Court"   as  meaning  judge.     1913E-388. 
— number  of  judges  necessary  to  transact 
business  of  court.     1912A-1251. 

Improper  conduct  in  trial  of  criminal  case 
as  presumptively  affecting  jury. 
1913C-1257. 

Judges  of  lower  court,  judicial  notice  by 
appellate  court.     1914A-34. 

Judicial  power,  what  is  within  constitu- 
tional theory  as  to  separation  of 
powers   of  government.     1913E-1097. 

Justice  of  peace  as  included  within  term 
"judge."     1918D-990. 

Juvenile  court  judge,  compensation. 
1916E-1011. 

Mandamus  to  enforce  performance  of  duty 
by  court  or  magistrate,  right  of 
private  person.     1912A-1118. 

Manner  or  tone  of  court  in  remark  or  in- 
struction as  reversible  error.  1912A- 
1006. 

Municipal  court  judge  as  municipal  officer. 
1914D-1234. 

Neglect  of  judge  to  sign  bill  of  excep- 
tions within  time  required  by  law, 
effect.     1913A-914. 


478     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


JUDGES — Continued. 

Number  of  judges  necessary  to  transact 
business  of  court.     1912A-1251. 

Reference  by  trial  judge  to  amount  of 
plaintiff's  claim  in  action  for  per- 
sonal injuries  as  reversible  error. 
17-573. 

Remarks  or  instructions  by  court  in 
presence  of  entire  panel  of  jurors 
as  reversible  error  in  particular  case. 
1915B-824. 

Statutes  relating  to  judges,  effect  of  par- 
tial   invalidity.     1916D-66. 

Sunday,  validity  of  judicial  act  performed 
on  Sunday.     19166-6. 

Weapons,  judicial  officer  as  exempt  from 
statute   against   carrying.     1914A-256. 

Witness,  disqualification  of  judge  as  wit- 
ness in  case  on  trial  before  him. 
1913C-254. 


2.    Powers  and  Duties. 

Appointing  power,  validity  of  statutes 
imposing  power  on  judges.  8-599; 
10-436;   18-1189. 

Contempt,  power  to  punish  at  chambers 
or  in   vacation.     1913B-35. 

— false  imprisonment  in  arrest  and  com- 
mitment for  contempt,  civil  liability. 
4-330. 

De  facto,  validity  of  acts.     12-208. 

Review  of  own  acts,  disqualification  of 
judge.     1917A-840. 

Special  or  substitute  judge,  waiver  of 
objection  to  jurisdiction.     19-94. 

Successor  to  trial  judge,  authority  to 
pass  upon  motion  for  new  trial.  7- 
493;   10-327;  1914B-1235. 

3.     Bights  and  Liabilities. 

Disbarment  of  judge,  misconduct  as 
ground  for  disbarment  or  suspen- 
sion as  attorney.     1917B-232. 

False  imprisonment,  civil  liability  of  judi- 
cial officers.     4-325;   1914C-1166. 

Libel  and  slander,  utterances  as  privileged 
against  prosecution.     4-433. 

Practicing  as  attorney,  right  of  judge 
of   court    of   record.     1914B-446. 

Title  to  office  as  subject  to  attack  in  ac- 
tion  brought   before   him.     20-460. 


JUDGES — Continued. 

4.     Disqualification. 

In  General. 

Decedent's  estate,  disqualification  of 
judge  by  interest  to  act  in  estate 
matter.     1912C-1165. 

Interest  in  legal  question  involved  in 
litigation  as  disqualifying  judge. 
1917A-1068. 

Judge  who  is  resident  or  taxpayer  in 
municipality  which  is  party  to  pro- 
ceedings before  him  as  disqualified. 
6-406. 

Membership  in  association  or  body  insti- 
gating or  conducting  disbarment  pro- 
ceedings as  disqualifying  judge  to  sit. 
1913A-1229. 

Necessity  as  justifying  action  by  dis- 
qualified judge  or  officer  exercising 
judicial  power.     1917A-1061. 

Participation  as  or  relationship  to  coun- 
sel in  action  as  disqualifying  judge. 
1917A-1231. 

Political  bias  or  prejudice  as  disqualify- 
ing judge.     20-424. 

Prejudice  against  liquor  traffic  as  dis- 
qualifying to  try  case  involving 
liquor   laws.     1912A-1203. 

Relationship  to  party,  degree  necessary 
to   disqualify  judge.     12-516. 

— construction  of  term  "party"  in  stat- 
ute disqualifying  judge  related  to 
party.     15-533;    1914C-972. 

Signing  petition  for  local  option  election 
as  disqualifying  from  acting  thereon. 
1912C-1092. 

Effect  of  Disqualification. 

Bias  existing  prior  to  trial  as  ground  for 
reversal  in  absence  of  showing  of 
prejudice  at  trial.     1917E-954. 

Change  of  venue,  bias  or  prejudice  of 
judge  as  ground  in  absence  of  express 
statutory    provision.     10-265. 

Formal  orders  or  ministerial  acts,  power 
of  disqualified  judge  to  make  or  to 
perform.     5-975. 

One  member  of  bench  disqualified,  effect. 
1912A-1254. 

Vote  of  disqualified  judge  not  producing 
result,  effect  upon  decision  of  tribunal 
of  his  participation.     13-336. 


JUDGMENT  CREDITOR— JUDGMENTS  AND  DECREES. 


479 


JUDGES — Continued. 

Waiver  of  objection  to  disqualified  judge. 
10-969;   1912A-1072. 


5.     Change   of   Judge. 

Application  for  change  on  ground  of  bias, 
as  ousting  judge  of  jurisdiction. 
1916D-1281. 

Assignment  of  perjury  on  affidavit  for 
change  of  judge.     1912A-866. 

Criminal  trial,  change  of  judge  during 
trial   as  reversible  error.     18-346. 

State's  right  to  change  of  judge.  1914C- 
400. 

Timeliness  of  motion  for  change  of  judge, 
made  after  trial  of  cause.     8-758. 


JUDaMENT  CREDITOR. 

Assignment  of  mortgage,  right  of  judg- 
ment creditor  on  payment  of  mort- 
gage debt.     1914B-564. 


JUDGMENTS  AND 
DECREES. 

1.  In  General. 

2.  Legislative  ControL 

3.  Form   and  Nature. 

4.  Non  Obstante  Veredicto. 

5.  Default  Judgments. 

6.  Coiifession  of  Judgment. 

7.  Final  Judgments. 

8.  Lien  of  Judgment. 

9.  Opening,  Vacating  and  Setting  Aside. 

10.  Reversal,  Effect  of. 

11.  Bes  Judicata. 

A.  Generally. 

B.  Particular  Proceedings. 

C.  Persons  Concluded. 

D.  Foreign  Judgments. 

12.  Collateral  Attack. 

13.  Assignment. 

14.  Extraterritorial  Operation. 

15.  Arrest  of  Judgment. 

16.  Satisfaction   and  Extinguishment. 

17.  Amendment  and  Correction, 

18.  Actions  on  or  to  Enforce  Judgments. 


JUDGMENTS  AND  DECREES— Con- 
tinued. ~~ 

Criminal  cases.  See  Sentence  and  Punisli- 
ment. 

1.     In  General. 

Agency,    right    of    action   .against    agent 

after      judgment      against      principal. 

17-614. 
— undisclosed    principal,    right    of    action 

against  after  judgment  against  agent. 

8-1026. 

Appeal,  liability  of  sureties  on  appeal 
bond  to   pay  judgment.     5-90. 

— self-executing  judgment,  effect  of  ap- 
peal with  bond.     6-775. 

Attorneys,  lien  on  judgment,  extent  of. 
1916E-387. 

— negligence  of  attorney  in  entry  or  pro- 
tection of  judgment,  liability  to 
client.     1917B-29. 

Bankruptcy,  effect  of  discharge  upon 
judgment  for  wilful  and  malicious 
injuries  to  person  or  property.  3- 
169;   12-1011;  1917A-212. 

Cloud  on  title,  judgments  or  decrees  suffi- 
cient to  constitute.     7-334. 

Computation  of  time  for  entry  of  judg- 
ment by  exclusion  or  inclusion  of 
Sunday  or  holiday.     1917E-939. 

Contempt  proceedings  in  federal  court, 
judgment  or  order  in.     1915D-1059. 

"Conviction,"  judgment  as  implied  by  use 
of   term.     1915B-285. 

Corporations,  entry  and  enforcement  of 
judgment  as  to  corporation  after  dis- 
solution.    17-226. 

Creditor's  bill  to  reach  money  due  under 
Judgment.     1914B-958. 

Division  of  judgment  for  purpose  of  issu- 
ance of  execution  upon  part  only  of 
judgment.     19—464. 

Execution,  judgment  as  subject  to  levy 
and  sale  under  execution.     21-745. 

Ex  parte  order,  right  of  court  to  make 
without  formally  instituting  action. 
1913B-104. 

Garnishment,  payment  of  judgment  by 
garnishee,  effect  on  liability  to  prin- 
cipal defendant  in  another  jurisdic- 
tion.    1918C-829. 

Holidays,  validity  of  judgment  entered 
or  rendered  on  holiday.  1916E-852, 
S58. 


480    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E-. 


JUDGMENTS  AND  DECREES— Con- 
tinued. 

Injunction   against   execution   on    dormant 

judgment.     13-862. 
— ^irregularities  in   obtaining  judgment   as 

ground     for     restraining.     1918C-231, 

328. 
— void  judgment  as  ground  for  injunction. 

1918C-242. 

Interest,  modification  of  judgment  on  ap- 
peal as  affecting  right  to  interest. 
1917C-413. 

— ^liability  of  insurer  in  indemnity  policy 
on  judgment  against  insured.  1914D- 
1097. 

— state's  liability  for  interest  on  judg- 
ment.    1914A-363. 

Intoxicating  liquors,  judgment  for  penalty 
in  action  for  violation  of  liquor  stat- 
ute.    1916E-873. 

Judgment  creditor  as  purchaser  pendente 
lite.     1918C-64. 

Justice  of  peace,  oral  announcement  of 
decision  by  justice  and  judgment 
actually  entered  of  record,  which  con- 
trols.    1912A-1283. 

^time  of  rendition  and  entry  of  judg- 
ment by  justice  sitting  without  jury. 
12-1029. 

Perjury,    party    against    whom    judgment 

has   been   obtained,   right   to   sue   for 

damages.     18-23. 
— ^person    injured    by    judgment    obtained 

by    false    swearing,    right    to    recover 

damages.     1913C-802. 
"Security,"  judgment  as.     1914D-624. 

Service,  recital  in  judgment  or  decree 
that  service  has  been  had  on  de- 
fendant as  supplying  failure  of  rec- 
ord to  show  proper  service.  1913B- 
27. 

Setoff  of  judgments  as  resting  in  discre- 
tion  of  court.     17-967. 

— right  to  set  off  judgment  against  judg- 
ment for  conversion  of  exempt  prop- 
erty.    14-322. 

Statutes  relating  to  judgments,  effect  of 
partial    invalidity.     1916D-80. 

— civil  statute,  repeal  as  affecting  prior 
final  judgment  in  action  based  on 
repealed   statute.     1912B-1157, 

—criminal  statute,  effect  of  repeal  after 
judgment.     1-220;   16-469. 

Sunday,  effect  of  recording  judgment  on 
Sunday.     1916B-16. 


JUDGMENTS       AND       DECREES— Con- 
tinued. 

— rendition    of   judgment    on   Sunday,   va- 
lidity.    1916B-10. 

Tax    on    judgments,    validity    of    statute. 
1912C-1176. 

"Thing  adjudged,"  legal  meaning  of  term, 
191oA-32. 


2.    Legislative  ControL 

Personal  judgment,  right  of  state  to  au- 
thorize entry  on  service  of  process 
on  resident  outside  of  state  limits. 
1912D-695. 

Revival  of  judgments,  prohibitory  statute 
as  impairment  of  obligation  of  con- 
tracts.    3-1148. 

Validation  or  invalidation  of  judgments, 
power  of  legislature.     2-241. 


3.    Form  and  Nature. 

Consolidated  actions,  single  or  separate 
judgments.     3-534. 

Corporations,  kind  of  judgment  to  be  en- 
tered for  violation  of  law  where  stat-' 
ute  prescribes  forfeiture  of  franchise 
as  penalty  as  within  discretion  of 
court.     1912D-822. 

Deficiency  judgment,  right  to  in  action 
to  foreclose  chattel  mortgage.  18- 
1075. 

Disregard  of  interlocutory  judgment  or 
order  in  entering  final  judgment, 
power  of  court.     1915B-1195. 

Dollar-mark  or  other  designation  indi- 
cating money,  effect  of  omission. 
1915C-337. 

Married  woman  sued  in  maiden  name, 
validity  of  judgment  rendered.  16- 
795. 

Names  of  parties  substituted  by  phrase 
"et  al.,"  effect.     14-572. 

Personal  judgment,  mechanic's  lien,  right 
in   action    to   foreclose.     1912A-129. 

— partner  as  subject  in  action  against 
firm.     1918D-il36.  i 

— right  of  state  to  authorize  entry  on  ser- 
vice of  process  on  resident  outsida 
of   state   limits.     1912D-695. 

Summary    judgment,    bond    in    nature    of 
appeal  bond,  entry  of  summary  judg- 
ment      against      surety.     1918C-1151, 
•   1188. 


JUDGMENTS. AND  DECREES. 


481 


JUDGMENTS      AND       DECfREES— Con- 
tinued. 

— injunction     bond,     entry     of     summary 
judgment   against  surety.     19180-97. 


4.    Non    Obstante   Veredicto. 

Federal  court,  power  to  enter  judgment 
non    obstante   veredicto.     1914D-1053. 

Motion  for  judgment  non  obstante  vere- 
dicto as  waiver  of  right  to  move 
for  new  trial.     1914B-614. 

Eight  of  court  to  go  beyond  pleadings 
in  disposing  of  motion  for  judgment 
non    obstante    veredicto.     1913A-1023. 


6.    Default  Judgments. 

Admissibility  of  default  judgment  as  evi- 
dence in  another  suit  against  judg- 
ment  debtor.     1914B-681. 

Divorce  action,  necessity  of  proof  to  sup- 
port  judgment   by    default.     1913B-7. 

Entry  of  default  judgment  by  clerk  with- 
out required  order  of  court  as  void 
or  voidable.     16-1211. 

— mandamus  to  compel  proper  official  to 
enter   default   judgment.     1913B-344. 

Justice  of  peace,  default  judgment  ren- 
dered on  process  served  less  than 
required  time  as  void  or  voidable. 
8-1142. 

Motion  by  defendant  pending,  right  to 
take  judgment  by  default.  1913E- 
331. 

Omission  of  ad  damnum  clause  in  com- 
plaint as  affecting  right  to  judgment 
by  default.     21-241. 

Person  in  custody,  validity  of  judgment 
by  default  rendered  against  him. 
19130-245. 

Pleading  filed  out  of  time,  right  to  enter 
default   thereafter.     1915C-738. 

— right  to  amend  pleading  after  judgment 
by  default.     1913B-481. 

Production  of  documents,  validity  of 
statute  authorizing  entry  of  judgment 
by  default  for  failure  to  produce. 
15-655. 

Relief  awarded  beyond  prayer  of  com- 
plaint, validity  of  default  judgment. 
11-353. 

Index  to  Notes — 31 


JUDGMENTS 

tinned. 


AND       DECREES— Con- 


6.    Confession  of  Judgment. 

Attorney's  authority  to  confess  judgment. 
1914C-548. 

Bills  and  notes,  validity  of  provision 
authorizing  attorney  to  appear  and 
confess  judgment  for  maker.  16- 
895. 

Divorce,  necessity  of  proof  on  judgment 
pro    confess©.     1913B-7. 

Husband's  power,  without  joinder  of 
wife,  to  consent  to  judgment  binding 
homestead.     1915B-247. 

Married  woman,  power  to  confess  judg- 
ment.    10-714. 

Warrant  of  attorney,  validity  of  judg- 
ment by  confession  without  antece- 
dent process.     1914A-645. 


7.    Final  Judgments. 

Appeal,  dismissal  of  action  as  frivolous 
and  vexatious,  order  as  final  or  in- 
terlocutory for  purposes  of  appeal. 
18-394. 

— dissolution  of  temporary  injunction,  or- 
der made  on  motion  as  final  or  in- 
terlocutory.    1912C-898. 

— entry  of  final  judgment  for  party  who 
asked  for  directed  verdict  below, 
right  of  appellate  court  to  direct. 
1914D-2Sa. 

* — ^power  to  enter  final  judgment  on  re- 
versal   for    insufficiency   of    evidence. 

8-873. 

Finality  of  decree  adjudicating  equities 
but  reserving  settlement  of  accounts 
for  report  of  master.     5-176. 

Habeas  corpus  proceedings,  finality  of 
order.  1-260;  11-12&;  1912D-359; 
1916D-506. 

Judgment  of  trial  court  reversed  on  ap- 
peal but  subsequently  affirmed,  what 
is  final  judgment.  1913C-250;  1913A- 
464. 

Juvenile  court,  finality  and  conclusive- 
ness of  judgments.  1916E-1017, 
1022. 

8.    Uen   of   Judgment. 

Alimony  decree  as  lien  on  realty.  9-90; 
18-565;   1914D-888. 


482    INDEX  TO  THE  NOTES,  1  ANN..  CAS.  TO  ANN.  CAS.  1918E. 


JUDGMENTS  AND  DECREES— Con- 
tinued. 

Deficiency  judgment  on  execution  sale  as 
lien  on  property  after  conveyance  by 
judgment  debtor  during  redemption 
period.     13-320. 

Divestiture  of  lien  which  has  attached 
by  subsequent  occupation  of  land  for 
homestead    purposes.     1913B-1147. 

Executory  cohtract  of  purchase  of  land, 
lien  of  judgment  as  extending  to  in- 
terest of  judgment  debtor  in  land 
existing   by   virtue    of.     1914B-978. 

Fractions  of  day  in  computation  of  time 
for  determination  of  priority  of 
judgment.     2-137. 

Heir  or  devisee,  lien  of  judgment  against 
as  attaching  to  land  sold  by  exe- 
cutor.    1915C-1022. 

Homestead  excess  over  statutory  value, 
lien   of  judgment   upon.     16-603. 

Interest  in  real  property  undisclosed  by 
record  as  subject  to  lien  of  docketed 
judgment.     1912D-98S. 

Municipal  property,  lien  of  judgment 
against.     4-102. 

Priority  of  lien  of  judgment  as  between 
implied  vendor's  lien  and  judgment 
against    purchaser.     1916D-384. 

—purchase-money  mortgage  and  pre- 
existing judgment  against  mortgagor. 
1916C-949. 

— several  equal  judgments,  priority  to 
one  as  acquired  by  issuance  of  exe- 
cution.    1917D-187. 

*— unrecorded  conveyance,  priority  of 
judgment   lien   as   against.     21-864. 

Recordation  of  judgment  essential  to 
lien,  constitutionality  of  statute  with 
respect  to  pre-existing  judgments. 
5-259. 


0.    Opening,  Vacating  and  Setting  Aside. 

In  General. 

Attorney's  authority  to  vacate  or  open 
judgment  in  favor  of  client.  1916B- 
724. 

Confessed  judgment,  power  of  court  to 
open   or   vacate.     1914D-159. 

Forgetfulness  as  ground  for  opening  or 
setting  aside  default  judgment. 
1914B-589. 


JUDGMENTS       AND       DECREES— Con- 

tinued. 

Motion  for  relief  from  judgment  as 
waiver  of  right  to  move  for  new 
trial.     1914B-614. 

Negligence  or  mistake  of  attorney, 
equitable  relief  against  judgment 
entered    against    party.     10-447. 

New  trial,  order  determining  motion  for 
new  trial,  power  of  court  to  open  or 
vacate.     1913B-485;    1917C-1151. 

Perjured  testimony,  equitable  relief 
against  judgments  procured  by.  3- 
83;  10-1107. 

Openinff. 

Absolute  right  of  defendant  not  person- 
ally served  to  have  judgment  opened 
and  defend.  12-992;  1912A-1164; 
1916B-565. 

Advice  of  counsel  as  ground  for  opening 
default    judgment.     1917A-709. 

Default  judgment,  right  to  have  opened, 
on  account  of  failure  of  person 
other  than  party  or  his  attorney  to 
attend    to    case.     1913E-752. 

Payment  of  costs  as  condition  precedent 
to  new  trial  under  order  opening 
default  and  granting  new  trial  on 
payment   of   costs.     1912B-249. 

Ships  and  shipping,  proceeding  to  limit 
vessel  owner's  liability,  right  to  open 
decree.     1913D-1237. 

Statute  of  limitations  as  meritorious  de- 
fense on  opening  default  judgment,  i 
21-1282. 

Vacating. 

Adoption  decree,  grounds  for  vacation* 
17-548. 

Divorce  decree,  power  of  court  to  vacate 
for  fraud.     18-1002. 

—vacation  after  death  of  party  in  direct 
proceeding  brought  by  surviving 
party.  5-892;  1913B-369;  1917A- 
595. 

Eminent  domain,  vacation  of  award  on 
account  of  misconduct  of  commis- 
sioners.    20-711. 

Infants,  vacation  of  judgment  affecting 
infant    duly    represented.     1917B-922. 

Satisfaction  of  judgment  as  affecting 
right  to  vacate   thereafter.     3-19. 


JUDGMENTS  AND  DECREES. 


483 


'JUDGMENTS  AND  DECREES— Con- 
tinued. 

ToTrens  Act,  vacation  of  decree  rendered 
in  proceeding  under  act.    12-837. 

Setting  Aside. 

Divorce,  continuance  in  case  where  de- 
fault judgment  has  been  set  aside. 
1914B-361. 

—power  of  court  to  award  alimony  in 
suit  to  set  aside  divorce  decree.  19- 
455. 

Joint  tort-feasors,  rendition  against  all, 
power  of  court  to  reverse  as  to  part. 
19-798, 

Pleading,  necessity  that  plaintiff  in  equi- 
table action  to  set  aside  judgment 
should  plead  meritorious  defense. 
1913E-124. 


10.    Beversal,   Effect  of. 

Acts  done  under  judgment  prior  to  re- 
versal   as    justified.     1914C-542. 

Garnishment,  reversal  of  judgment  as  ex- 
tinguishing ancillary  garnishment. 
6-753. 

Joint  judgment,  effect  of  reversal  where 
all  defendants  do  not  appeaL     10-SO. 

Part  of  judgment  only  appealed  from, 
effect   of   reversal.     1913E-1323. 

Restitution  of  property  received  under 
judgment,  right  to  enforce  by  con- 
tempt proceedings  after  reversal. 
1913E-1004. 

Reversal  of  judgment  as  affecting  judg- 
ment based  thereon  in  another  pro- 
ceeding.    1913A-466. 

Sale  under  judgment  subsequently  re- 
versed, amount  of  restitution  for 
property    sold.     15-672. 


11.    Res  Judicata. 

A.     Generally. 

Appeal  as  affecting  force  of  self-execut- 
ing judgment.     6-776. 

Appellate  court  decision  upon  suflSciency 
of  evidence  to  prove  fact  in  contro- 
versy as  res  judicata  on  second  ap- 
peal.    6-791. 

Burden  of  proof  of  res  judicata  or  es- 
toppel   by    judgment.     2-655. 


JUDGMENTS  AND  DECREES— Con- 
tinued. 

Claim  or  demand  excluded  or  withdrawn 
from  court  or  jury,  judgment  as  bar. 
1915D-590. 

Directed  verdict,  judgment  entered  as 
res   judicata.     21-1262. 

Dismissal  of  action  by  agreement  as  res 
judicata.     13-655. 

Identity  of  issues  involved  as  provable 
by    extrinsic    evidence.     9-344. 

Issues  as  to  which  judgment  is  silent, 
application  of  doctrine  of  res  judi- 
cata.    6-104. 

Judgment  for  defendant  for  failure  or 
insufficiency  of  plaintiff's  proof  as 
bar  to  subsequent  suit  on  same  cause 
of    action.     9-187. 

Merits  determined  on  judgment  on  de- 
murrer as  constituting  former  adju- 
dication.    1913A-541. 

Motions  in  pending  action,  rule  of  res 
judicata     as     applicable.     1914D-974. 

"Without  prejudice,"  effect  of  judgment 
OP  decree  as  res  judicata.     1914A-1106. 

B.    Paeticulab  Proceedings. 

Bankruptcy,  order  denying  discharge  as 
res  judicata  in  subsequent  bank- 
ruptcy   proceedings.     1913C-1184. 

Bastardy,  judgment  in  proceeding  as  bar- 
ring right  of  action  for  damages  for 
seduction.     1918D-669. 

Boundaries,  conclusiveness  on  title  to 
land    of    proceedings    to    fix.     3-1064. 

Contract  performable  in  instalments, 
successive    actions   for   breach.     6-63. 

Criminal  proceedings,  civil  or  penal  ac- 
tion as  governed  by  res  judicata  rule 
by  judgment  in  criminal  action.  5- 
78;  6-496;  21-1184. 

— divorce  action,  judgment  in  criminal 
action    as    res    judicata.     21-1185. 

Decedent's  estate  as  affected  by  judg- 
ment against  executor  de  son  tort. 
1912A-537. 

Divorce,  doctrine  of  res  judicata  as  ap- 
plicable to  proceedings.  1916B-875; 
924,   932,   934,    941,   944. 

— property  rights  settled  by  decree,  con- 
clusiveness.    1912C-726. 

— voluntary  dismissal  of  bill  for  divorce 
as    res    judicata.     1917A-1201. 


484    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


JUDGMENTS  AND  DECREES— Con- 
tinued. 

Eminent  domain  proceedings,  award  as 
bar  to  recovery  of  damages  subse- 
quently   accruing.     191oA-583, 

Habeas  corpus,  order  in  proceeding  as 
res  judicata.  1-260;  11-129;  1916D- 
506. 

Malpractice  action  against  physician  as 
barred  by  his  recovery  for  services, 
1914B-645. 

Mandamus,  judgment  as  bar  to  all  issues 
which  might  have  been  litigated 
therein.     1913B-541. 

Marriage,  conclusiveness  of  judgment  in- 
volving fact   or   validity.     1912C-245. 

Military  court,  trial  therein  as  bar  to 
prosecution  in  civil  court  and  vice 
versa.     11-645. 

Probate  or  surrogate's  court  decree  re- 
fusing probate  of  will,  conclusive- 
ness.    15-68. 

Quo  warranto  proceeding  to  try  title  to 
office,  what  constitutes  former  adju- 
dication.    1913C-671. 

Waiving  tort  and  suing  in  assumpsit, 
judgment  as  bar  to  action  ex  delicto. 
1913D-238. 

C.    Peesons  Concluded. 

Assisting  prosecution  or  defense  of  ac- 
tion, estoppel  by  judgment  as  appli- 
cable  to   such   person.     1916E-154. 

Covenantor  as  bound  by  judgment 
against  covenantee,  necessity  of  no- 
tice   to    defend.     13-206;    1916E-148. 

Death  by  wrongful  act,  recovery  by  ad- 
ministrator for  death  of  wife  as  bar 
to  recovery  by  husband  for  tort.  14- 
554. 

Judgment  settling  title  to  land,  conclu- 
siveness as  between  successful  claim- 
ant and  grantor  of  defeated  claim- 
ant.    1916E-161. 

Municipal  action  as  bar  to  action  by  citi- 
zens  involving  same   matter.     8-1134. 

Partnership  obligation,  judgment  against 
partner  as  bar  to  suit  against  co- 
partner.    8-315;    1915C-528. 

Persons  not  in  being,  effect  of  judgments 
and    decrees    on.     2-790. 

Purchaser  of  land  as  concluded  by  judg- 
ment against  vendor  in  action 
brought   after   purchase.     3-339. 


JUDGMENTS  AND  DEC?EEES— Con- 
tinued. 

Eepresentative  capacity,  individual  as 
concluded  by  judgment  binding  him 
in  representative  capacity.  1918E- 
1096. 

— judgment  against  individual  as  conclu- 
sive in  action  by  same  person  in 
representative     capacity.    1918E-1103. 

Surety,  judgment  against  principal  aa 
evidence  against  surety.  9-153; 
1915D-400. 

Taxpayer  as  bound  by  adjudication  in 
suit  by  another  taxpayer  as  repre- 
sentative   of   a   class.     1913C-914. 

D.    Foreign  Judgments. 

Nonsuit  or  dismissal,  judgment  in  one 
jurisdiction  as  bar  to  action  in  an- 
other.    19-1016. 

Probate  of  foreign  will  abroad,  conclu- 
siveness in  domestic  courts.  9-422; 
14-977;    1918A-614. 

Tort-feasors,         unfavorable  judgment 

against  joint  tort-feasor  in  one  state 
as  bar  to  action  against  other  tort- 
feasor in  another  state.     1913E-882'. 


12.    Collateral  Attack. 

Adoption,  collateral  attack  on  decree.  13- 
587;    1914D-237. 

Bankruptcy  discharge  as  subject  of  col- 
lateral attack  in  state  court.     18-601. 

Criminal  judgments,  collateral  attack  on. 
21-1190. 

Default  judgment  awarding  relief  beyond 
prayer  of  complaint  as  subject  to 
collateral    attack.     11-354. 

Direct  as  distinguished  from  collateral 
attack,    what    is.     1914B-82. 

Divorce  decree  of  domestic  court  as  sub- 
ject to  collateral  attack.     1915B-430. 

Executors  and  administrators,  decree 
granting  letters  testamentary  or  of 
administration  as  subject  to  collat- 
eral attack.  4-1117;  1912A-983; 
1915D-1095. 

Mechanics'  liens,  collateral  attack  on 
judgment   or    decree.     1913B-126r. 

Probate  court  order  for  sale  of  dece- 
dent's real  estate,  immunity  from 
collateral  attack.     S-234. 


JUDGMENTS  AND  DECREES. 


485 


JUDaMENTS  AND  DECREES— Con- 
tinued. 

Service     of  process,     conclusiveness      of 

recital  in     judgment     where     record 

fails  to  show  proper  service.     1913B- 
31. 

— irregularities  as  affecting  court's  juris- 
diction upon  collateral  attack.  1- 
923. 

Warrant  of  attorney,  judgment  rendered 
on  warrant  in  one  state  as  subject 
to  collateral  attack  in  another  state 
on  ground  of  fraud  or  lack  of  juris- 
diction.    20-262. 


13.    Assignment. 

"Interest"  in  judgment,  effect  of  assign- 
ment   of.     1912B-525, 

Lien  of  judgment  as  affected  by  assign- 
ment of  judgment  or  execution  issued 
thereon  to  or  for  benefit  of  judg- 
ment  debtor.     1917C-557. 

Mortgages,  right  of  judgment  creditor 
paying  indebtedness  to  have  assign- 
ment   of    mortgage.     1914B-564. 

Partial  assignment  of  judgment,  validity 
and  effect.     1913E-843. 

Eights  passing  to  assignee  as  incident  to 
assignment   of  judgment.     7-423. 


14.    Extraterritorial  Operation. 

Divorce  decree  of  foreign  court  having 
jurisdiction,  extraterritorial  effect.  4r- 
864 J  20-870. 

— remarriage  of  party  or  parties,  extra- 
territorial effect  of  divorce  decree  or 
statute    prohibiting.     15-758. 

— title  to  land  situated  in  another  juris- 
diction, validity  of  divorce  decree 
passing  title.     17-859. 

— validity  of  foreign  divorce  as  depend- 
ent upon  jurisdiction  over  defend- 
ants.    5-26. 

Full  faith  and  credit  clause  of  federal 
constitution  as  applicable  to  state 
courts  of  inferior  jurisdiction.  21- 
1153. 

Judgment  declaring  contract  void  as 
champertous  as  entitled  to  full  faith 
and  credit  in  another  state.  1914B- 
1144. 


JUDGMENTS  AND  DECEEE&— Con- 
tinued. 

Warrant  of  attorney,  validity  and  effect 
in  one  state  of  judgment  rendered  on 
warrant   in   another   state.     20-262. 

"Wills,  extraterritorial  effect  of  probate  of 
resident's   will    abroad.     7-313. 


15.    Arrest  of  Judgment. 

Objections  to  evidence  as  ground  for  mo- 
tion  in   arrest.     1913E-72. 

Order  sustaining  motion  in  arrest,  legal 
effect.     1912A-975. 

Time  for  filing  motion  in  arrest  as  com- 
puted by  exclusion  or  inclusion  of 
Sunday  or  holiday.     1917E-939. 


16.    Satisfaction  and  Extinguishment. 

Acceptance  of  note  of  third  person  by 
judgment  creditor  aa  extinguishing 
judgment.     19-482. 

Compromise  of  judgment  debt,  right  Of 
attorney.     21-580. 

Default  judgment,  right  to  set  aside  after 
satisfaction.     1914D-233. 

Interpleader  to  determine  conflicting 
claims  to  proceeds  of  judgment,  right 
of  sheriff  or  other  officer  to  file  bill. 
1913B-231.       • 

Life  of  decree  for  permanent  alimony. 
2-915;  1917A-582. 

New  trial  or  vacation  of  judgment  after 
satisfaction  thereof.     3-19. 

Pro  tanto  satisfaction  of  judgment  in 
replevin  by  return  of  part  only  of 
property.     1912B-308. 

Revival  of  judgment,  new  promise  or 
part  payment  as  affecting  after  bar 
of  statute   of  limitations.     9-254. 

Satisfaction  of  judgment  for  less  than 
demand  as  affecting  right  to  appeal. 
16-79;    1914C-301. 

Tender  of  amount  due,  effect  on  judg- 
ment,    1916C-536. 


17.    Amendment   and   Correction. 

Alimony  decree  as  within  power  of  court 
to  modify,  agreement  of  parties  as 
basis.     13-296;    19120-446. 

— alimony  already  accrued.  1914A-302; 
1916E-941. 


486     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


JUDGMENTS  AND  DECEEES— Con- 
tinued. 

— cessation    of   life    of   decree.     5-946. 
— misconduct    of    wife    subsequent    to    di- 
vorce  as   ground.     1914D-597. 
— remarriage   of  wife  as  ground.     11-523. 

Appellate  court,  power  to  correct  final 
judgment  before  remand  to  lower 
court    for    execution.     1914D-1297. 

Criminal  judgment  after  execution,  power 
of  trial  court  to  revise,  correct  or 
amend.     11-298. 

Eminent  domain,  amendment  or  correc- 
tion of  report  of  commissioners. 
1915A-722. 

Nunc  pro  tunc  amendment,  extent  permis- 
sible.    1915A-522. 

— sufficiency  of  evidence  to  authorize. 
1915D-685,   692. 

Subsequent  term,  correction  of  judgment 
on  evidence  de  hors  record,  power  of 
court.     1913E-349. 

— power  of  court  to  amend  at  subsequent 
term  where  proceeding  therefor  is 
commenced  during  term  at  which 
judgment  is  rendered.     1916D-1260. 

Third  party,  correction  of  judgment  at 
suit    of    third   party.     19-1103. 


18.    Actions  on  or  to  Enforce  Judgments. 

Alimony,  enforcement  of  decree  by  ac- 
tion at  law.  3-579;  4-299;  8-700; 
10-547;   20-1068. 

Contempt  process  as  mode  of  enforcing 
judgment.     1912C-780. 

Conviction  based  on  plea  of  guilty,  ad- 
missibility of  judgment  in  subsequent 
civil   action.     1917E-1109. 

Corporate  bond  or  coupon  secured  by 
mortgage,  enforcement  of  judgment 
on.     1915D-983. 

Domestic  judgment,  right  of  action  as 
affected  by  remedy  by  execution.  4r- 
169. 

Equity  decree,  enforcement  by  action  at 
law.     11-658. 

Foreign  judgments,  alimony  decree  in  one 
state  as  enforceable  in  another  juris- 
diction.    8-700. 

—divorce  decree,  necessity  of  alleging 
court     had     jurisdiction     in     action 


JUDGMENTS  AND  DECEEES— Con- 
tinued. 

based  on  decree.    1913B-1193;  1916B- 
260. 

• — fraud  as  defense,  right  to  plead  in  ac- 
tion.    1914D-999. 

— right  to  sue  before  expiration  of  time 
to  appeal  or  other  proceedings  to 
vacate.     1915A-12S9. 

Limitation  of  actions,  absence  of  judg- 
ment debtor  as  affecting  running  of 
statute  against  action  on  judgment. 
1914D-743. 

—foreign  judgment,  statute  governing  in 
action  on.     8-1123. 

— running  of  statute  against  action  »n 
judgment,  when  begins  to  run. 
1916C-625. 

Lost  or  destroyed  judgment  or  order, 
parol   proof   of    contents.     1916D-254. 

Merger  of  judgment  in  later  judgment 
based    thereon.     1914A-366. 

Negligence  of  attorney  in  enforcement  of 
judgment,  liability  therefor.  1917B- 
30. 

Partnership,  effect  of  death  of  partner  on 
judgment  in  favor  of  partnership. 
10-956. 

Status  and  enforcement  '  of  judgment 
where  receiver  is  appointed  for  de- 
fendant pending  action.     1915C-1249. 


JUDICIAL  ACTS. 

Ministerial  as  distinguished  from  judicial 
acts  under  prohibitory  Sunday  laws. 
1-278;   lS-1040. 

Trial  of  causes  on  legal  holiday  other 
than  Sunday,  power  of  court  to  sit. 
5-919;    11-559. 

Validity  of  judicial  act  performed  on 
Sunday.     1916B-6. 


JUDICIAL  CIRCUITS  AND 
DISTRICTS. 

Local  statutes  as  relating  to.    4r-662. 

JUDICIAL  DECISIONS. 
See  Courts. 


JUDICIAL  FUNCTIONS— JUDICIAL  SALES.  487 

JUDICIAL    FUNCTIONS.  JUDICIAL  SALES. 


Municipal  or  other  board,  mode  of  pro- 
cedure governing  board  when  exer- 
cising.    191oB-1083;    1917E-706. 

JUDICIAL  NOTICE., 

See  Evidence. 


1.  In  GeneraL 

2.  Bights  ajid  Liabilities  of  Purchaser. 

3.  Redemption. 

4.  Setting  Aside  Sale. 

See  Executions;  Tax  Sales. 


JUDICIAL  OFFICERS. 

Carrying  concealed  weapons,  exemption 
from   statute    against.     1914A-256. 

Civil  liability  for  false  imprisonment.  4r- 
325. 


JUDICIAL  POWER. 

What  is  judicial  power  within  constitu- 
tional theory  as  to  separation  of 
powers    of    government.     1913E-1097. 


JUDICIAL  PROCEEDINGS. 

"Estimate,"  "estimated,"  meaning  of 
terms  with  respect  to  judicial  pro- 
ceedings.    1913B-852. 

Fractions  of  day  in  computation  of  time. 
2-136. 

Libel  and  slander,  attorney's  statements 
made  in  judicial  proceeding  as  priv- 
ileged.    7-603;  1917E-169. 

— ^pleadings  published  before  coming  be- 
fore court  as  privileged  within  law 
of  libel.     11-162;    1.5-618;    1915A-129. 

— report  of  judicial  proceedings,  what  pro- 
ceedings within  rule  of  privilege. 
1915A-36;    1918C-119S. 

Notice  of  judicial  proceeding,  necessity 
that  be  in  writing.     1916E-1147, 

Perjury,  regularity  of  judicial  proceeding 
as    affecting    charge.     3-870;    11-711. 

Time,  solar  or  standard,  as  governing. 
9-329. 

Validation  of  irregularities  by  remedial 
legislation.     2-242. 


JUDICIAL  RECORDS. 

Lost   or   destroyed,  proof   of   contents  by 
parol.     1916D-248. 

JUDICIAL  RESTRAINT. 

Freedom   of  speech   or  press,   to  what   ex- 
tent restraint  warranted.     15-6. 


1.    In  General. 

Bids,  validity  of  contract  to  prevent  bid- 
ding,    1917D-232. 

Commission  for  selling,  right  of  officer 
where  party  entitled  to  proceeds  bids 
in  property.     1915C-1123. 

— validity  of  statute  allowing  sheriff  or 
similar  officer  percentage  of  amount 
collected  for  selling  property.  1913B- 
1299. 

Contingent  remainder  to  unborn  person, 
judicial  sale  of  land  as  destr^ing. 
1917A-907,  914,  925. 

Execution  sale  as  judicial  sale.  1913A- 
1217. 

Holidays,  validity  of  sale  held  on  holiday. 
1916E-852. 

Misnomer  of  party  in  advertisement  or 
notice  of  sale  as  affecting  validity 
of  sale.     1917B-1046. 

Misrecital  in  sheriff's  deed,  effect.  1913B- 
195. 

Mortgages,  deed  given  at  judicial  sale  as 
equitable  mortgage  in  favor  of  origi- 
nal owner  of  premises.     1917C-970. 

Parcel  or  en  masse  sales  of  property.  8- 
741;   1913B-619. 

Statute  of  frauds  as  affecting  judicial 
sales.     7-1071. 

2.    Rights   and    Liabilities   of   Purchaser. 

7/!.  General. 

Adverse  possession  by  owner  who  remains 
on  land  after  it  is  sold  at  judicial 
sale.     1913E-488, 

Eminent  domain,  judicial  sale  pending  con- 
demnation proceedings,  person  en- 
titled to  compensation.     1915A-736. 

Equity  of  redemption  purchased  at  judicial 
sale,  right  to  set  up  defense  of  usury. 

2-47. 

Leased  lands,  right  of  purchaser  to  rents. 
1912B-398. 


488     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918B. 


JUDICIAL  SAIjES— Continued. 

Limitation  of  statute  as  protecting  pur- 
chaser at  void  sale.     9-872. 

Mistake  in  description  of  land  sold,  juris- 
diction   of    equity   to    correct.     11-85. 

Oral  agreement  of  bidders  to  share  prop- 
erty purchased  by  one  as  within  stat- 
ute of  frauds.     1912B-320. 

Payment  by  purchaser,  proper  medium. 
1915C-996. 

Purchaser  at  judicial  sale  as  purchaser 
pendente   lite.     1918C-66. 

Quieting  title,  purchaser's  right  to  bring 
suit  therefor.     1913B-380. 

Kent,  liability  of  purchaser  of  leasehola 
at  judicial  sale.     1916E-821. 

Restitution  where  property  is  sold  under 
judgment  subsequently         reversed, 

amount  of.     15-672. 

Subrogation  of  purchaser  under  invalid 
sale  to  tax  lien  for  taxes  paid.  17- 
1136;   1912B-752. 

Trusts,  parol  agreement  made  with  person 
interested  in  land  that  promisor  will 
buy  land  at  judicial  sale  and  hold  for 
benefit  of  promisee  as  implied  trust  en- 
forceable in  equity.  5-173  j  12-542; 
1918E-309. 


Who  may  Tva-chaae. 

Attorney  of  party  to  proceedings,  right  to 
purchase  property  at  sale.     21-274. 

Guardian  and  ward,  right  of  guardian  to 
acquire  ward's  property  at  judicial 
sale.     21-1120. 

Tenant  in  common,  right  to  buy  common 
property  at  judicial  sale.  17-1169; 
1914A-1031. 

Title. 

Adverse  possession  as  basis  of  title, 
whether  purchaser  may  be  compelled 
to  take.     1912D-1179. 

Caveat  emptor  rule  as  precluding  defenses 
by  bidder  at  sherifif's  sale.     18-501. 

Examination  of  title,  right  of  purchaser  to 
reasonable   time.     19160-764. 

Mechanic's  lien  as  lost  by  judicial  sale 
of   realty.     1915A-314. 

Purchaser  as  chargeable  with  notice  of  un- 
recorded instrument  affecting  title  to 
property.     1915B-236. 


JUDICIAL  SALES— Continued. 

Reversal  of  judgment  authorizing  sale, 
effect  on  title  to  land  purchased  by 
attorney  of  party  to  proceeding.  14- 
185. 

Title  of  all  parties  as  passing  by  judicial 
sale.     1914D-282. 


3.    Redemption. 

Expiration  of  statutory  period  for  redemp- 
tion, right  to  redeem  thereafter. 
1913E-1187. 

Time  to  redeem  from  judicial  sale  as  run- 
ning from  date  of  sale  or  date  of  con- 
firmation of  sale.     1913B-41. 


4.     Setting  Aside  Sale. 

Advance  bid  as  ground  for  setting  aside. 
7-173. 

ChiUing  or  puffing  bidding,  vacation  of 
sheriff's  sale  on  account  of.     3-423. 

Inadequacy  of  price  as  ground  for  setting 
aside.  1914D-3,  15,  18,  21;  1915A- 
1151;  1915C-749;  1915D-1102;  1918E- 
436. 

Necessary  party  to  proceeding  to  set  aside 
sheriff's  sale,  plaintiff  in  execution  as. 
5-260. 

Notice  of  proceedings  to  vacate,  persons 
entitled  to.     1914D-757. 


JUMPING  FROM  TRAIN. 

Contributory    negligence    of    railroad   em- 
ployee.    17-1221. 


JUNCTIONS. 

Duty  to  provide  and  keep  open  waiting- 
room  at  junction  of  two  railroads.  18- 
211. 


JUNIOR  MORTGAGEE. 

Assignment  of  mortgage,  right  of  junior 
mortgagee  paying  indebtedness  to 
have.     1914B-563. 


JUNK  DEALERS. 

Hawker  and  peddler  regulations  as  appli- 
cable   to    junk    dealers.     1912D-1292. 


JURISDICTION— JURY. 


489 


JUNK  DEALERS — Continued. 

Purchaser  and  seller  of  junk  as  "dealer." 
1917A-954. 

Statutory  reflations  of  junk  dealer  and 
junk-shops.  16-722;  1914B-75;  1918E- 
198. 


JURISDICTION. 

See  Appeal  and  Error;   Courts;    Criminal 
Law. 

Accessory,  jurisdiction  of  prosecution, 
where  principal  crime  is  committed  in 
another  state  or  county.     10-878, 

Collateral  attack,  irregularities  in  service 
of  process  as  affecting  court's  juris- 
diction upon  collateral  attack.     1-923. 

Concurrent,  right  to  control  action  as  be- 
tween two  courts.  1-409;  1912A-150; 
191.XB-1117. 

Coroners,  jurisdiction  of  coroner  as  regards 
place  of  holding  inquest.     4-1162. 

Divorce,  jurisdiction  over  defendant  as 
essential  to  validity  of  foreign  divorce 
5-26. 

— necessity  of  alleging  in  action  based  on. 
foreign  judgment  of  divorce  that  court 
had  jurisdiction.  1913B-1193;  1916B- 
260. 

Estoppel  of  litigant  to  deny  jurisdiction  of 
court  by  previous  acts  or  conduct  ad- 
mitting jurisdiction.     14-1044. 

False  pretenses,  jurisdiction  of  offense  of 
obtaining  property  by.     1917E-311. 

Inadvertent  assumption  by  appellate  court, 
effect.     1913E-70. 

Public  service  commission,  extraterritorial 
jurisdiction.     1915B-734. 


JURISDICTIONAL 
AMOUNT. 


See 


Appeal  and  Error;  Courts;  Justices  of 
the  Peace. 


JURY. 


1.  Right  of  Trial  by  Jury. 

A.  Generally. 

B.  Particular    Actions    and    P&o- 

CEEDIXGS. 

2.  Waiver  of  Right. 
S.  Number  of  Jurors. 


JURY— Continued. 

4.  Competency  and  Qualification. 

5.  Challenges. 

6.  Swearing  Jury. 

7.  Incidents  of  Trial. 

8.  Evidentiary  Matter. 

9.  Custody  and  Conduct  of  Jury. 

10.  Misconduct  of  Court,  Oflcers,  Parties 

Or  Spectators. 

11.  Impeachii:^  or  Supporting  Verdict. 

12.  Fees  and  Expenses. 

13.  Exemption  from  Jury  Service. 

14.  Miscellaneous. 

1.    Right  of  Trial  by  Jury. 

A.      GENERALIiY. 

"Case,"  meaning  as  used  in  sense  of  action 
or  proceeding  in  statute  relating  to 
jury  trial.     21-670. 

Change  of  venue  in  criminal  cases,  right 
to  trial  by  jury  as  resulting,     3-197. 

Constitutional  provisions  guaranteeing  right 
of  trial  by  jury,  general  scope.     1-703. 

Court  rule  regulating  right  to  jury  trial, 
validity.     1914B-1184. 

Deprivation  of  right  to  trial  by  jury  in 
lower  court  but  providing  for  jury 
trial  on  appeal,  validity  of  statute. 
1912C-1109.      ' 

Injunction  against  commission  of  crime, 
validity  of  statute  authorizing  issu- 
ance.    13-689. 

Legislative  regulation  of  qualifications  of 
jurors  as  violating  constitutional  guar- 
anty of  right  to  trial  by  jury.     1912C- 

784. 

Magna  Charta,  relation  to  trial  by  jury. 
1914A-873. 

Special  puni?hment  for  prior  offender  or 
habitual  criminal,  statute  prescribing 
as  impairment  of  right  to  jury  trial. 
18-926. 

Statute  regulating  instructions  on  evidence 
as  invasion  of  right  of  trial  by  jury. 
1916A-1147. 

B.    Paeticulae  Actions  and  Proceedings. 

Bankruptcy,  action  by  trustee  to  recover 
property  fraudulently  transferred  by 
bankrupt,  right  to  jury  trial.  1912B- 
126.  , 


490    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


JUBY — Continued. 

Contempt  proceedings,  right  to  jury  trial. 
1913D-458. 

Counterclaim  in  equitable  action,  right  of 
defendant  r.uh.  respect  to  jury  trial. 
1914C-852. 

Disbarment  proceedings,  right  to  jury 
trial.     1913D-1162. 

Election  contest,  right  to  jury  trial. 
1913C-161, 

Eminent  domain  proceedings,  right  to  trial 
by  jury,     18-680. 

Equitable  defense  interposed  in  action  at 
law,   right   to   jury   trial.     1913D-168. 

Insane  persons,  commitment,  right  to  jury 
trial.     1913C-323, 

— criminal  case,  right  of  accused  to  jury 
trial  on  question  of  insanity.  1913C— 
327. 

Intervention  in  federal  court,  right  to 
jury  trial  in  case  of.     1913D-1041. 

Lost  instrument,  right  to  jury  trial  in 
action  to  recover  on.     1912D-246. 

Mechanic's  lien,  right  to  jury  trial  in 
action  to  foreclose.     1913B-283. 

Municipal  ordinance,  right  of  trial  by 
jury  for  violation.     4-507;  18-380. 

Nuisance,  right  to  jury  trial  as  to  exist- 
ence of  and  damages  for  nuisance. 
3-1043. 

Quieting  title,  right  to  jury  trial  in  action. 
3-248;  18-245. 

Partition  actions,  right  to  jury  trial.  21- 
1300. 

Quo  warranto  proceedings,  right  to  jury 
trial.     5-640;    1914B-236. 

Statute  conferring  on  commission  power 
to  fix  public  service  rates  as  invasion 
of  right  to  trial  by  jury.     14-616. 

Trusts,  right  to  jury  trial  in  action  to 
declare  resulting  trust.     1913C-153. 

Will  contest,  right  to  jury  trial.  15-211; 
1914B-557. 

Wayward  children,  commitment  without 
jury  trial  as  constitutional.  5-96; 
14-819. 


2.    Waiver  of  Eight. 

Criminal     cases,     waiver    of     jury    trial. 
1-597;  9-1183. 


JUEY — Continued. 

Failure  to  demand  jury  by  defendant  in 
criminal  case  as  waiver  of  jury  trial. 
9-263. 

Eequest  by  both  parties  for  direction  of 
verdict  as  waiver  of  trial  by  jury. 
6-546;    13-372. 

Waiver  of  jury  as  affecting  right  to  jury 
on  second  trial  or  at  subsequent  term. 
4-1004. 


3.    Number  of  Jurors. 

Action  under  federal  Employer's  Liability 
Act  where  verdict  may  be  rendered 
by  less  than  twelve  jurors,  jurisdiction 
of  state  court.     1916B-156. 

Verdict  by  less  than  whole  number  of 
jurors,  validity  and  construction  of 
statutory  provision.  1916E-500,  508; 
1918D-690. 

Whether  may  be  more  or  less  than  twelve 
in   criminal   case.     1914A-872. 


4.    Competency   and   QualrQcation. 

Boarding  or  lodging  with  party  to  suit  or 
his  attorney  as  disqualifying  juror. 
1914C-1044. 

Court's  power  to  pass  upon  qualifications 
of  juror  in  action  of  libel  or  slander 
under  statute  empowering  jury  to  de- 
termine law  and  fact.     1915D-1268. 

Disqualification  of  juror  as  ground  for  new 
trial.     1-196;  12-922;  1913A-892. 

Domicile  and  residence  as  synonymons  in 
statute  relating  to  jurors.     1915C-789. 

Employee  of  party  to  action,  competency 
as"  juror.     12-306. 

Exclusion  from  jury  service,  power  of 
court  to  exclude  person.     1916C-1209. 

Freeholder  competent  to  serve  as  juror, 
who  is.     1913D-331. 

Grand  juror  serving  on  body  which  in- 
dicted defendant  as  disqualified  to 
serve  on  trial  jury.     1917D-456. 

Interest  or  bias  sufficient  to  disqualify 
juror  in  emiuent  domain  proceedings. 
5-923. 

Landlord  and  tenant,  relation  existing  be- 
tween party  and  juror  as  sufficient 
ground  for  challenge.     1914A-300. 

Membership  in  or  contribution  to  society 
for    suppression  of   crime  as    disquali- 


JURY. 


491 


JUET— Continued. 

'ying  juror  in  criminal  case.     9-312; 
17-223. 

Official  or  employee  of  state  or  government 
which  is  party  to  action,  competency 
as  juror.     15-400. 

Opinion  as  to  propriety  or  enforcement  of 
law  as  affecting  competency  of  juror. 
1914D-696. 

Prejudice  as  to  business  of  party  to  action 
as  disqualifying  juror.     20-1312. 

— capital  punishment,  prejudice  against  as 
disqualifying  juror  in  criminal  case. 
1912A-786. 

— race  or  color  of  party  to  action,  pre- 
judice against  as  disqualif^-ing  juror. 
1912B-969;   19170-1167. 

Previous  service  in  cause  involving  same 
or  similar  facts  as  affecting  com- 
petency of  jurors.     4-965. 

Eelationship  to  stockholder  of  corporate 
party  as  disqualifying  juror.     21-642. 

— witness,  relationship  to  juror  as  con- 
stituting disqualification  of  latter. 
1912B-600. 

Religious  affiliations  as  affecting  com- 
petency  of  juror.     17-343. 

Residence  in  county  or  municipality  inter- 
ested in  suit,  effect  on  competency  of 
juror.     6-961;   1913A-120. 

Sympathy  for  laboring  men  generally  as 
sufficient  ground  for  challenge  of 
juror  for  cause.     1913A-1279. 

— ^personal  injury  action,  sympathy  for 
plaintiff  as  bias  sufficient  to  consti- 
tute disqualification  of  juror.  1912B- 
1183. 

5.    Challenges. 

Array,  right  to  interpose  challenge  to 
array  of  jurors  in  absence  of  statute. 
1912A-1137. 

Comment  on  act  of  opposing  party  in 
challenging  juror,  right  of  counsel. 
1913B-258. 

Criminal  case,  right  of  joint  defendants 
with  respect  to  peremptory  challenges. 
1914A-860. 

Excessive  number  of  peremptory  chal- 
lenges, allowance  as  ground  for  re- 
versal.    12-371. 

Ex  post  facto,  statute  changing  existing 
law  respecting  peremptory  challenges. 
1912B-811. 


JUET — Continued. 

Hypothetical  question,  right  to  ask  juror, 
on  voir  dire  examination.     1913D-680. 

Improper  refusal  of  cpurt  to  sustain  chal- 
lenge to  juror  for  cause  as  warranting 
reversal  where  injured  party  exhausts 
his  peremptory  challenges.  9-279; 
1915r)-97. 

Joint  parties  in  civil  cases,  right  and 
manner  of  exercise  of  peremptory 
challenges.     16-265;  1917E-461. 

Panel,  bias  or  misconduct  of  officer  sum- 
moning jurors  as  ground  for  challenge 
to  panel.     1916A-693. 

— motion  for  venire  de  novo  as  waiver  of 
right  to  move  for  new  trial.  1914B- 
615. 

Standing  aside  juror,  right  of  prosecution 
as  affected  by  statute  granting  per- 
emptory challenge.     6-274. 

Time  of  exercise  of  right  of  peremptory 
challenge.     19-766. 


6.    Swearin?   Jury. 

Failure  of  record  to  show  jury  sworn  as 
ground    for   reversal.     8-750;    17-178. 

Oath  of  jury,  failure  to  comply  with  ex- 
act form  prescribed  by  law,  effect 
in  civil  and  criminal  cases.     5-723, 


7.    Incidents  of  Trial. 

Additional  counsel,  appearance  for  party 
to  cause  after  jury  have  been  em- 
paneled as  prejudicial  to  opposing 
party.     1912B-666. 

Charging  jury  on  Sunday,  validity. 
1916B-10. 

Discharge  of  jury  on  Sunday,  right  to. 
1916B-14. 

Exclusion  of  jury  during  argument  relative 
to  admissibility  of  evidence.     20-1141. 

Foreman  as  spokesman  for  jury.  1913B- 
385. 

Further  instructions  after  retirement  of 
jury,  necessity  that  they  bs  given  in 
presence  of  or  with  consent  of  counsel. 
17-536. 

— request  for  instructions  by  jurj-,  neces- 
sity that  they  be  given  in  open  court. 
14-514. 

Use  of  jury,  while  trying  one  case,  for 
trial  of  another.     1913E-754. 


492     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


JUEY — Continued. 


8. 


Evidentiary  Matter. 

Affidavit'  admitted  as  testimony  of  absent 
■witne83,  right  of  jury  .to  take  to  jury- 
room.     1913C-498. 

Articles  introduced  in  evidence,  right  to 
take  to  jury -room.     1915B-742. 

Calculation  or  estimate  by  party  as  to 
amount  due  him,  right  of  jury  to  take 
paper  containing  on  retirement  to 
jury-room.     1913C-937. 

Eminent  domain  proceedings,  right  of  jury 
to  disregard  testimony  of  witness.  3- 
302. 

Experiment  with  articles  introduced  in  evi- 
dence,  right    of   jury.     1915B-744. 

Insurance  of  employer  against  accidents 
to  employees,  right  of  jury  to  consider 
fact.     3-554;  9-323;  1913C-359. 

Intoxicating  liquor,  propriety  of  permit- 
ting jury  to  taste  or  smell  to  deter- 
mine whether  it  is  intoxicating.  16- 
218. 

Law  and  facts,  power  of  jury  to  determine 
in  action  for  libel  or  slander,  construc- 
tion of  constitutional  or  statutory  pro- 
vision authorizing.     1915D-1261. 

Magnifying-glass,  permitting:  use  by  jury 
as  reversible  error.    1915B-1092. 

Papers  improperly  in  jury-room,  effect  on 
verdict.     6-931;  1915C-924. 

Reading  part  of  evidence  to  jury  after 
their  retirement  to  consider  verdict, 
propriety  of  permitting.     20-1219. 

View  by  jury,  criminal  case,  right  in 
absence   of   counsel.     1915B-568. 

' — right  to  make  evidence  for  themselves 
by  experiment  on  view.     18-571. 

9.     CTustody  and  Conduct  of  Jury. 

Affidavits  of  jurors  to  prove  misconduct 
by  or  affecting  jury  while  outside 
jury-room,  admissibility.     6-290. 

Custodian  of  jury,  prejudice  of  officer  as 
disqualifying  him  from  acting. 
1912C-882;  1917B-254. 

Disclosure  by  juror  before  verdict  of  facts 
respecting  verdict  or  state  of  deliber- 
ations as  prejudicial  error.  191SE- 
668. 

Expression  of  opinion  or  prejudice  by  juror 
during  trial  as  ground  for  new  trial. 
16-175. 


JUEY — Continued. 

^ormer  conviction  of  defendant,  discussion 
thereof  by  jury,  or  submission  of  re- 
cord as  ground  for  new  trial.     15-361. 

Information  as  to  facts  given  to  jury  by 
one  of  their  number,  effect  on  verdicjt. 
4-274;  1912B-155. 

Intoxicating  liquors,  use  by  jury  as  ground 
for  new  trial.  10-889;  1912A-1322; 
1916A-939. 

Juror  as  guest  of  attorney  for  plaintiff 
during  trial  as  misconduct.  1915A- 
1162. 

Motion  to  set  aside  verdict  because  of  mis- 
conduct of  jury,  obligation  of  party 
to  show  absence  of  participation  or 
acquiescence  in  misconduct.     7-420. 

New  trial  for  misconduct  of  jury  as  rest- 
ing in  discretion  of  trial  court  and  re- 
viewable   on    appeal.     1912D-1018. 

■ — right  to  new  trial  where  objection  is  not 
made  until  after  verdict  though  mis- 
conduct is  known,  to  moving  party 
before  that  time.     1912A-223. 

Reading  newspapers  by  jury  during  trial 
as  ground  for  setting  aside  verdict. 
6-352;  12-180;  1915C-962;   1918B-929. 

Recreation  during  trial,  allowing  to  jury  as 
ground  for  new  trial.  14-534;  1918B- 
855. 

Separation  of  jury,  presumption  of  preju- 
dice from  improper  separation.  1-2S7; 
1914A-737;  1916A-253. 

— temporary  separation  of  juror  from  fel- 
lows on  account  of  illness  as  ground 
for  new  trial  in  criminal  case.    20-656. 


10.    Misconduct  of  Court,  Officers,  Parties 
or  Spectators. 

Coercion  of  jury  by  court  into  agreeing 
on  verdict,  what  amounts  to.  11- 
1131;  1912D-440;  1915D-668. 

Communication  to  jury  by  custodian  or 
other  court  officer  as  ground  for  new 
trial.     13-522. 

Custodian's  presence  in  jury-room  as  mis- 
conduct warranting  new  trial.     8-652. 

Furnishing  refreshment  to  juror  by  suc- 
cessful party  as  ground  for  new  trial. 
1912B-747. 

Improper  conduct  of  court  as  presump- 
tively prejudicially  affecting  jury  in 
criminal   case.     1913C-1257. 


JUSTICES  OF  THE  PEACE. 


493 


JURY— Continued. 

Influencing  juror,  attempt  to  bribe  or  in- 
fluence as  contempt.     15-747. 

Presence  of  persons  in  courtroom  tending 
to  overawe  or  influence  jury,  right  to 
new  trial  because  of.     1913E-806. 

Private  communication  by  trial  judge  with 
jury  during  deliberations  as  ground 
for  new  trial,     ie-1141;  1917A-403. 

Public  sentiment  expressed  during  trial  in- 
fluencing jury,  duty  of  court  to  check. 
1915B-894. 

Eecommendations  by  court  with  respect  to 
mercy  as  constituting  misconduct. 
1-270. 


11.    Impeaching    or    Supporting    Verdict. 

Impeachment   of   verdict,   admissibility   of 

affidavit     showing     quotient     verdict. 

1915C-1147. 
—affidavits    of    jurors    as    evidence    that 

verdict    returned    or    entered    differed 

from   verdict   actually  found.     3-401; 

1912A-1205;   1918E-287. 
— statement  by  juror  subsequent  to  trial, 

admissibility      to      impeach      verdict. 

1913D-1194. 

Polling  jury,  dissent  of  some  jurors  from 
verdict  and  return  for  further  de- 
liberation, validity  of  verdict.  6- 
457. 

— right  of  defendant  to  poll  jury  in  crim- 
inal  case.     1912B-1236. 

Support  of  verdict,  admissibility  of  affi- 
davits   of    jurors.     1-288;    1913B-761. 

12.    Fees  and  Bxpenses. 

Expenses   of   jurors   during   trial,   liability 

of  county.     17-1232. 
— keeping    jury    together    on     change     of 

venue,  expense  as  chargeable  against 

county.     1913B-190. 

Jury  fees,  prepayment  or  taxation  as 
costs,  constitutionality  of  statutes  re- 
quiring.    5-930;     12-378;     1917B-30S. 

13.     Exemption  from  Jury  Service. 

Classes  of  persons  exempted  from  jury 
service,  constitutionality  of  laws  ex- 
empting certain  classes.  5-783; 
1915A-1060. 

Exemption  privilege  as  gratuity  subject 
to   alteration   by   statute.     9-147. 


JURY— Continued. 

14.    Miscellaneous. 

Defamation  of  jury  as  a  class  as  action- 
able  by   one   member.     8-137. 

Finding  or  answer  by  jury,  sufficiency 
and  construction  of  expression,  "We 
don't  know,"  or  similar  phrase. 
1916B-283. 

Habeas  corpus  as  mode  of  review  of  er- 
rors in  selection,  discharge,  verdict, 
or  denial   of  jury  trial.     11-1053. 

Interrogatories       to  jury,       common-law 

power   and    duty  of    court    to   submit 

proper     special  interrogatories.     15- 
469. 

Juror  at  former  trial  as  competent  wit- 
ness.    1916C-676. 

Jury  commissioner,  effect  of  failure  to 
qualify  properly.     18-765. 

Juvenile  court,  necessity  for  jury.  1916E- 
1016. 

Selection  or  summoning  jury,  appointment 
of  substitute  for  disqualified  officer. 
17-367. 

Statutes  relating  to  juries,  effect  of  par- 
tial invalidity.     1916D^81. 

Verdicts,    amendment    of    sealed    verdict. 

5-394. 

— correction  of  verdict  returned  or  en- 
tered  by    affidavit    of   jurors.     3-401. 


JUSTICES  OF  THE  PEACE. 

1.  In  General. 

2.  Jurisdiction  and  Procedure. 

3.  Judgments. 

4.  Appeals. 

1.    In  General. 

De  facto  justices,  validity  of  acts.  12- 
209. 

Disqualification,  degree  of  relationship  to 
party  necessary  to  disqualify  justice. 
12-517. 

Execution  sale  on  judgment  of  justice  of 
peace,  jurisdiction  of  other  courts  to 
enjoin.     1918C-284. 

False  imprisonment,  civil  liability.  1914C- 
1166. 


494    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


JUSTICES  OF  THE  PEACE— Continued. 

— issuance  of  defective  or  wrongful  pro- 
cess by  justice  as  affecting  liability. 
4-330. 

Fees  of  justice  of  peace,  right  to  recover 
in    separate    action.     9-372. 

"Judge"  as  including  justice  of  the  peace. 
1918D-990. 

Libel  and  slander,  utterances  as  privi- 
leged against  prosecution.     4-433. 

Statutes  relating  to  justices  of  peace, 
effect  of  partial  invalidity.  1916D- 
66. 


2.    Jurisdiction  and  Procedure. 

Amount  claimed  or  amount  due  as  deter- 
mining jurisdiction  of  justice  of 
peace.     1912A-1284, 

— reduction  of  amount  due  on  promissory 
note  to  sum  within  jurisdiction  of 
court,  right  of  holder.     5-308. 

Contempt,  power  of  justice  of  peace  to 
punish  witness.     9-316. 

Criminal  case  decided  by  him,  power  to 
reopen.     4-767. 

Submission  of  case  in  action  before  jus- 
tice of  peace,  what  constitutes.  12- 
1030. 

Summons  issued  by  justice  of  peace,  ef- 
fect of  error  or  irregularity.  1914A- 
1085. 

Sunday,  right  of  justice  of  peace  to  hold 
court.     1916B-15. 


3.    Judgments. 

Default  judgment,  rendered  on  process 
served  less  than  required  time  as 
void  or  voidable.     8-1142. 

Oral  announcement  of  decision  and  actual 
entry  of  record,  which  controls. 
1912A-12S3. 

Time  of  rendition  and  entry  of  judgment 
by  justice  of  peace  sitting  without 
jury,     12-1029. 


4.    Appeals. 

Error  in  justice's  court,   remedy  for   cor- 
rection.    1913E-74. 


JUSTICES  OF  THE  PEACE— Continuea. 

Notice  of  appeal,  sufficiency  with  respect 
to  description  of  judgment  appealed 
from.     21-1309. 

Transcript  of  judgment  filed  in  superior 
court,  power  of  that  court  with  re- 
spect to  justice's  judgment.  1914A- 
415. 


JUSTIFICATION. 

Assault,  defense  of  property  as  justifica- 
tion  for   assault.     1917D-307,   316. 

' — pleading  justification,  necessity  in  civil 
action  for  assault  and  battery.  21- 
114. 

— trespass  as  justification  for  assault.  1- 
888;    1917D-307. 

Libel  and  slander,  criminal  prosecution, 
truth  as  defense.     21-832;  1916A-429, 

— intoxication  as  justification.  1916E- 
564. 

—necessity  that  justification  be  as  broad 
as  charge.     1918C-1088,   1122,  1126. 

—precise  charge,  necessity  that  justifica- 
tion be  of  precise  charge.  3-5^8- 
1918C-1131.  ' 

— truth  alone  as  complete  defense  in  civil 
action   for   libel.     1918C-335. 

Strike,  what  constitutes  justification. 
1912C-1302. 


JUSTLY  DUE. 

Legal  meaning   of  term.     1918E-789. 

JUVENILE  COURTS. 

Constitutionality  of  statute  creating  ju- 
venile court.  5-96;  7-831;  14-819; 
1914A-1227;   1915D-701. 

Establishment  of  and  procedure  in  ju- 
venile courts.  1916E-1010,  1022, 
1025,   1028;    191SD-751,   754. 

Statutes  relating  to  juvenile  offenders 
and  courts,  effect  of  partial  invalid- 
ity.    1916D-67. 


KEEPING— KNOWLEDGE. 


495 


K 


KEEPING. 

Prohibited  articles  vrithin  fire  insurance 
policy,  what  constitutes  "keeping." 
13-540;  19-414;  1914B-133;  1918I>- 
294. 

KEROSENE. 

Kindling  fire  with  kerosene  as  negligence. 

1912A-630. 
Storage  of  kerosene  as  nuisance.     1916C- 

821. 

KEYS. 

Delivery  of  key  of  box  or  other  recep- 
tacle containing  property  as  sufficient 
delivery  to  support  gift  causa  mor- 
tis.    1914A-029. 

Ownership,  name  on  bunch  of  keys  as 
evidence.     1914D-356. 


KIDNAPING. 

See   Abduction. 

Kidnaping  of  criminal  as  affecting  juris- 
diction   to    prosecute    him.     7-1056. 

Parent  taking  child  from  another  to 
whom  custody  has  been  awarded, 
criminal    liability.     1914B-274. 

"Eesidence"  as  synonymous  with  domicile 
in  statute  relating  to  kidnaping. 
1915C-790. 

Similar  crimes,  proof  in  prosecution  for 
kidnaping.     14^693. 


KIDNEYS. 

Injuries  affecting  kidneys,  excessivenesa 
or  adequacy  of  verdict.  16-43; 
1913A-1378;   1916B-424. 


KILL. 

Meaning  of  terms  "kill,"  "killed,"  "kill- 
ing."    20-100. 

KIN.' 

Meaning  of  "nearest  of  kin"  or  similar 
phrase  in  will  designating  legatee  or 
devisee.     1915A-475. 


KINDRED. 

See  BelationsMp. 

Family  membership,  what  constitutes 
writing  insurance  policy  or  benefit 
certificate.     7-685. 

Half-brother  and  half-sister  as  brother 
and   sister.     9-140. 

Insanity,  admissibility  on  issue,  of  san- 
ity, of  evidence  of  insanity  of  kin- 
dred.    6-29;   1918B-124. 

KLEPTOMANIA. 

Nature  of  disease  and  effect  upon  civil 
and  criminal  responsibility.  1914A- 
S86. 


KNEES. 

Injury  to  knee,  excessiveness  or  adequacy 
of  verdict.  16-25;  1913A-1369; 
1916B-425,  455. 


KNIFE. 

Deadly   weapon,   knife   as.     1912A-1332. 

KNOWINGLY. 

Corporations,  what  constitutes  "know- 
ingly" making  false  report  by  corpo- 
rate officer.     1912A-435. 

Federal  twenty-eight  hour  law,  meaning 
of  term  "knowingly."     21-823. 

Meaning  of  term  "knowingly."  1914A- 
429. 


KNOWLEDGE. 

See   Notice. 

Another's  knowledge,  competency  of  wit- 
ness to  testify  to.  21-1074;  1918A- 
947. 

Corporation,  imputability  of  knowledge 
of  corporation  to  officer  or  of  officer 
to   corporation.     1915A-855,   861. 

— notice      as     imputable     to     corporation 

»  where  its  officers  are  engaged  in  in- 
dependent acts  in  their  own  interests. 
1912C-295,  1916B-328. 

Foreign    law,    presumption    as    to    knowl-. 
edge  of.     1916D-1072. 


496    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


KNOWIiEDGE— Continued. 

Improvements,  knowledge  or  notice  of 
adverse  claim  as  affecting  right  to 
compensation.     1916B-57. 

Landlord  and  tenant,  right  to  rent  as  af- 
fected by  landlord's  knowledge  that 
premises  are  to  be  used  for  illegal 
sale  of  liquor.     1918C-442. 


KNOWLEDGE — Continued. 

Eeward,  knowledge  of  offer  of  reward  as 
prerequisite  to  right  of  reward.  1- 
285;   1915B-671. 

KNOWN  TO  EXIST. 

Meaning  of  term  in  mining  statute.  15- 
629. 


L 


LABELS. 

Convict  goods,  validity  of  statute  requir- 
ing them  to  be  so  marked.  1913B- 
S17. 

Food  and  drugs  under  federal  act,  proper 
and  improper  labeling.  21-1324; 
1915A-46, 

Poison,  requirements  as  to  labeling.  20- 
496. 

Union  label,  validity  of  statute  protect- 
ing use.     1912D-373. 

Use  of  label  as  unfair  competition.  2- 
416. 


LABOR. 

Who  is  "laborer"  within  statute  giving 
lien   to  laborers.     1913B-138. 

Sunday  law,  "labor"  or  "labor  or  work" 
within  prohibition  of  law.  1913D- 
797. 

— validity  of  statutory  provision  against 
Sunday  labor.     12-1097. 


LABOR  COMBINATIONS. 

See  Iiabor  Laws. 

In  General. 

Agent   of   trade   union,   liability  of  union 
for  wrongful  conduct.     5-601. 

Blacklisting,    legality    of    agreements.     1- 
474;   1917A-644. 

Boycotting.     1-177;     9-1222;     13-86;     13- 
826. 

— constitutional     liberty     of     sp^pech     and 
press  as  authorizing  boycott.     15-7. 


or 


LABOB  COMBINATIONS— Continued. 

Coercion  of  employer,  attempted  by 
threat  to  strike  as  unlawful  act.  3— 
974;    6-279. 

— fining  nonunion  employees  as  coercion 
or  extortion.     6-851. 

Criminal    conspiracy    to    injure    trade 
business   of    another.     1-508. 

Inducing  discharge  of  workman,  liability 
of    third   person.     3-741;    8-377. 

Injunction    as    remedy    against    injury    to 

business   or  property  by  strikers.     4— 

783;   6-279. 
• — nonunion     employees,     right     to     enjoin 

strike    by    union    employees.     1913I>- 

369. 

Interference  by  labor  organization  or 
members  with  contract  relations,  civil 
liability.  2-441;  4-1026;  8^889;  9- 
706;  11-337;  1912B-1164;  1916E-608; 
1918B-478. 

Notes  on   labor   combinations.     16-1182. 

Picketing  as  lawful  or  unlawful.  13-60;: 
1918E-54. 

— validity  of  statutes  prohibiting  picket- 
ing.    1918E-60. 

Rule  of  labor  union  affecting  third  per- 
son, validity.     1918D-653,  668. 

Strikes,   legal    justification    of    employees,. 

what    constitutes.     1912C-1302. 
— right  of  employees  to  strike.     7-645;  8- 

803. 

Unfair  list,  publication  that  employer  has 
been  placed  on  unfair  list  of  labor 
union  as  libelous.  15-677;  191SB- 
570. 

Union  labor,  agreement  between  union 
and  employer,  effect  on  rights  of 
member  of  union.     1915B-101. 


LABOR  LAWS. 


497 


LABOR  COMBINATIONS— Continued. 

— coercion    of    employer   into    employment 
,  of   union   labor   as   subject   to   injunc- 

tion.    6-279. 
—validity     of    contracts    stipulating    for 
employment  of  union  labor   only.     5- 
285;  7-121;  21-213;  1915C-813. 

Statutory  Begulation. 

Advertising  with  respect  to  strikes  or 
labor  conditions,  prohibitory  statutes. 
1916A-909. 

Label,  validity  of  statute  protecting  use 
of   union   label.     1912D-373. 

Monopolies,  combination  to  control  price 
of  personal  services,  anti-trust  stat- 
utes  as   applicable.     8-721;    17-752. 

-^illegal  combination  of  laborers  affect- 
ing interstate  commerce  as  within 
Sherman  Anti-trust  Act.  13-826; 
1912D-765. 

Union  labor,  discharge  of  union  em- 
ployees, validity  of  laws  prohibiting, 
1-939;    13-773. 

—refusal  to  employ  union  labor,  validity 
of  statute  making  it  penal  offense. 
7-121. 

LABOR  LAWS. 

1.  In  General. 

2.  Hours  of  Labor. 

3.  Wage  Regulations. 

4.  Particular  Emplojnnents. 

See  Labor  Combinations. 

1.    In  CteneraL 

Advertising  for  employees  during  strike, 
validity  of  statute  requiring  em- 
ployer to  state  that  strike  exists. 
1915B-661. 

Child  labor  acts,  validity  and  construc- 
tion.    9-1108;    15-473;    1913E-339. 

Contributory  negligence  in  actions  by 
servants  against  masters,  statutes  af- 
fecting defense.     5-633. 

Convict  goods,  validity  of  statute  requir- 
ing goods  made  by  convict  labor  to 
be  so   marked.     1913B-817. 

Corporations,  criminal  liability  for  viola- 
tion of  labor  law.     1916C-465. 

Employment  agencies,  statutory  regula- 
tion.    5-326. 

Index  to  Kotes — 32 


LABOR  LAWS— Continued. 

Peonage,  constitutional  and  statutory 
provisions  concerning.  3-321;  14- 
1118;    1915B-49S. 

"Ecquire,"  legal  meaning  in  statute  relat- 
ing  to   labor.     1912A-1238. 

Statutes  relating  to  labor,  effect  of  par- 
tial invalidity.     1916D-67. 

"Store  order"  acts,  constitutionality.  1- 
417;   14-620. 

Toilet  and  wash-rooms,  validity  of  statute 
requiring  employers  to  provide  for 
employees.     1915D-991;    1918E-622. 

Weekly  rest  day  for  employees,  validity 
of    statute    requiring.     1916D-1058. 

Women,  employment  of  adult  females  in 
other  respects  than  number  of  hours 
of  labor,  validity  of  statute  regulat- 
ing. 12-799;  1914D-533;  1916D-1065; 
1918I>-1001. 


2.    Hours  of  Labor. 

Day's  labor,  constitutionality  of  statutes 
limiting  length.  1-82;  3-1143;  6- 
902;  9-20S;  11-90;  13-959;  1912D- 
393;  1914D-1263;  1916C-1009;  1918A- 
1046. 

Federal  hours  of  service  act,  construction. 
1915D-456;   1918C-797. 

*— violation  6i  federal  twenty-eight  hour 
law,  action  to  recover  penalty.  21- 
828. 

Interference  with  interstate  commerce, 
statute  regulating  hours  of  service  of 
railroad  employees  as  constituting. 
1917A-981. 

Laborers  or  employees  within  purview  of 
statute    limiting    hours.     1918C-338. 

Laundries,  restriction  of  hours  of  labor 
in.    21-977. 

Manufacturing  establishment,  what  con- 
stitutes within  regulatory  statute  as 
to   hours  of   labor.     191SD-685. 

Municipal  corporation,  criminal  liability 
for  violation  of  hours  of  labor  stat- 
ute.    1913E-308. 

Public  works,  statutory  restriction  of 
hours  of  labor  upon.  1-46;  10-721; 
1912A-773. 

State  statute  regulating  hours  of  labor  as 
in  conflict  with  federal  statut'^  on 
same    subject.     19-816;    191oD-1.12. 


498     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


LABOR  LAWS— Continued. 

3.    Wage  Regulations. 

Minimum  wage  rate,  interstate  railroad 
employees,  validity  of  statutory  reg- 
ulation.    1918A-1043. 

— private  employment,  validity  of,  statute 
fixing  minimum.     1918D-465. 

— public  works,  validity  of  statute,  or 
ordinance  regulating.  1913E-990; 
1915D-241. 

— women  and  minors,  validity  of  law  fix- 
ing.    1916A-225. 

Time  of  payment  of  wages,  validity  of 
statutes  regulating.  9-238;  13-482; 
1916B-135. 

4.    Particular  Employments. 

Aliens,  contract  labor,  soliciting  or  im- 
porting  as   crime.     1917C-261. 

— discrimination  against  aliens  in  em- 
ployment of  laborers,  validity  of 
statute.     1917B-287. 

— employment  on  public  works,  validity  of 
statute  prohibiting  employment  of 
eUens.     1915B-1271;    1917B-293. 

Interstate  commerce  regulation,  state 
regulation  as  to  labor  upon  material 
to  be  used  in  municipal  improvement 
as    constituting.     3-309. 

Manufacture  of  clothing  in  tenements, 
validity  of  statutes  regulating.  1- 
747: 

Public  work  to  be  done  by  union  labor, 
validity  of  statute  requiring.  1915D- 
974. 

Railroad  employees,  validity  of  statute 
prescribing    qualifications.    1915D-423. 

Weighing  minerals  which  are  mined  by 
employees  by  weight,  validity  of 
statute  regulating.    11-74. 


LACHES. 

See  Limitation  of  Actions. 

Arrest,  laches  as  waiver  of  illegal  arrest. 
16-464. 

Bankruptcy,   setoff  as   subject   to   bar  by 
laches   of  bankrupt.     1916C-9S8. 

Contribution  between  partners,  laches   as 
barring  right.     1916D-838. 

Corporations,      consolidation,      laches      of 
stockholder  as  defeating  right  to  ob- 


LACHES — Continued. 

ject     to     unauthorized     consolidation. 
19-1269. 

— dissolution,  laches  as  affecting  right  of 
minority     stockholders.     1918E-431. 

Covenant  not  to  engage  in  same  business, 
laches  as  barring  injunction  to  re- 
strain breach.     1916C-190. 

Deed  as  mortgage,  effect  of  lapse  of  time 
on  right  to  declare.  1914B-354; 
1918C-755. 

Descent  and  distribution,  laches  of 
creditor  of  deceased,  as  precluding 
enforcement  of  debt  against  heir  or 
devisee.     1917C-95. 

Divorce,  vacation  of  divorce  decree  as 
barred  by  laches.     5-892. 

Dower,  applicability  of  doctrine  of 
laches    to   action   for   dower.     11-417. 

Estoppel  of  state  to  question  validity  of 
de  facto  municipality  as  worked  by 
laches.     12-262. 

Guardian  and  ward,  lapse  of  time  as  af- 
fecting right  to  open  guardian's  ac- 
count or  settlement.     1917A-648. 

Ignorance  of  facts  affecting  laches. 
19-110. 

Infringement  of  trademark  or  trade 
name,  loss  of  right  to  relief  by  con- 
duct  disclosing  laches.     1&-459. 

Injunction  against  gas  works  as  nuisance, 
laches   as   defense.     21-1252. 

Judicial  sale,  effect  of  laches  on  right  of 
party  to  avoid  purchase  by  his  attor- 
ney.    21-277. 

Lis  pendens,  loss  of  benefit  by  delay  in 
prosecution   of   suit.     1915C-518. 

Mandamus,  applicability  of  doctrine  of 
laches.     9-845;    20-1114. 

Pleading,  effect  of  laches  on  right  to 
amend.     5-676. 

Quo  warranto,  doctrine  of  laches  as  ap- 
plicable   to    proceedings.     1914C-488. 

Rescission  of  fraudulent  contracts.  1- 
911. 

Resulting  trust  arising  from  husband's 
purchase  in  own  name  with  wife's 
money,  laches  as  barring  enforce- 
ment.    1915D-633, 

Sales,  right  to  reclaim  goods  for  breach 
of  condition  to  pay  cash  on  delivery 
as  waived  by  delay.     11-549. 


LAGER  BEER— LANDLORD  AND  TENANT. 


499 


LACHES— Continued. 

Special  assessment,  laches  as  defense  to 
action  to  remove  lien  as  cloud  on 
title.     1914A-893. 

Specific  performance,  laches  as  defense 
to  action  by  vendee  of  contract  for 
sale  of  land  not  fixing  time  of  per- 
formance.    1915B-1109. 

Stale  claims,  enforcement  in  equity. 
1914B-314. 

Taxpayer,  remedies  against  municipality 
as  lost  by  laches.     1913C-898. 

Trusts,  application  of  doctrine  as  between 
trustee  and  beneficiary  of  express 
trust.     3-200. 


LAGER  BEER. 

Judicial    notice    as    intoxicating    or    not. 
1914C-876. 


LAKES. 

Title     to     bed     of     nonnavigable     lake. 
1916D-299. 


LAND. 

Clearing  and  drainage  of  land  as  sanitary 

measures.     1-443. 

Cultivation  of  land  as  improvement.     17- 
406. 

"Half,"  legal  meaning  as  applied  to  land. 
1913E-1013. 

Railroad     company's     power    to    deal    in 
land.     4-911. 

Waste,    changing    character    of    land    as 
waste.     191SD-543. 

"VN'ills,   "land"   in  will  as  including  lease- 
hold.    20-1089. 


LANDLORD  AND  TENANT. 

1.  In  General. 

2.  Existence  of  Relation  on  Character  of 

Tenancy. 

3.  Leases. 

A.  In  Genebau 

B.  Construction. 
C    Covenants. 

D.     Eenewal. 


LANDLORD  AND   TENANT— Continued. 

4.  Title,  Possession,  Care,  Use  and  Enjoy- 

ment of  Premises. 

A.  In  General. 

B.  Use  op  Premises.  . 

C.  Eviction  and  Ejectment  of  Ten- 

ant. 

D.  Deprivation  op  Use  op  Premises. 

E.  Light  and  Water. 

F.  Repairs  and  Improvements. 

G.  Fixtures. 

5.  Rent. 

A.  In  Geneeau 

B.  Forfeiture  for  Nonpayment.      -^ 
O.    Distress. 

6.  Termination  of  Relation. 

A.  In  General. 

B.  Notice  to  Quit. 

C.  Holding  Over  by  Tenant. 

7.  Assignment  of  Lease  and  Subletting. 

A.  In  General. 

B.  Covenant  Against. 

8.  Denial  of  Landlord's  Title. 

1.    In   General. 

Apartment  house,  legal  status  of  owner. 
1917A-256. 

Attorneys,  lien  of  attorney  on  lease  in  his 
possession  in  connection  with  litiga- 
tion.    1917D-149. 

Attornment  to  third  person  pursuant  to 
judgment  against  tenant,  effect  as  to 
landlord.     5-62. 

Banks,  power  of  cashier  to  lease  bank 
property.     1912A-99. 

Collateral  attack  on  validity  of  lease  by 
state.     1912B-91. 

Corporations,  criminal  liability  for  wil- 
ful destruction  of  premises  by  cor- 
poration as  tenant.     1916C-465. 

— power  of  private  corporation  to  lease 
land.     4-1061. 

Deeds,  unexpired  lease  as  breach  of  cove- 
nant against  incumbrances.  1914D— 
1176. 

Dog,  landlord  harboring  tenant's,  liability 
for  injuries  caused  by  it.     1914B-608. 

Dower  as  attaching  to  husband's  interest 
in   leasehold    estate.     1912D-782. 

Execution  sale,  right  of  lessor  or  lessee 
to  enjoin.     1918C-269. 


500    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


I.ANBLOBD  AND   TilNANT— Continued.      LANDLORD  AND   TENANT— <;ontinuea. 


Fire  insurance,  insurable  interest  of  ten- 
ant. 1913E-741;  1917C-951;  1918E- 
835. 

Gas  leases,  covenants  for  diligent  prose- 
cution  of  work.     20-1165. 

— power  of  executor  to  make  oil  and  gas 
lease.     1-406. 

Guardian  and  ward,  power  of  guardian 
to  lease  ward's   realty.     1917A-1256. 

Interpleader,    tenant's   right   to.     1-513. 

Intoxicating  liquors,  lease  of  property  for 
sale  of  liquors,  validity  of  statute 
subjecting  leased  property  to  pay- 
ment of  fines,  taxes,  etc.,  assessed 
against   lessee.     18-177. 

Jury,  relation  of  landlord  and  tenant  ex- 
isting between  party  and  juror  as 
ground   for   challenge.     1914A-300. 

Larceny  of  tenant's  goods,  liability  of 
landlord  for  acts  of  agent.     1-96. 

Mechanic's  lien,  foreclosure,  lessee  or 
lessor  as  necessary  or  proper  party. 
1918B-15. 

— ^improvements  by  lessee  as  subjecting 
realty  to  mechanic's  lien.  2-689; 
11-1082;    19-734;    1916C-1133. 

— leasehold  estate,  '  mechanic's  lien  on. 
3-1096;  14-1031. 

Municipal  corporation,  right  to  rent  mu- 
nicipal property  to  private  persons. 
16-1096. 

Nuisance,  criminal  liability  of  landlord 
for  nuisance  on  premises  in  posses- 
sion of  tenant.     14-210. 

— damages  recoverable  by  tenant  for  nui- 
sance.    1-272. 

Purchaser  pendente  lite,  lessor  or  lessee 
as.     1918C-60. 

Quieting  title  by  landlord  based  upon 
possession  by  tenant,  sufficiency.  18- 
860. 

Receivers,  claim  for  damages  for  breach 
of  lease  maturing  after  appointment 
of  receiver.     1913D-1184. 

Ships  and  shipping,  demise  of  vessels  by 
charter-party.     5-623;    8-496. 

Specific  performance  of  option  to  pur- 
chase in  lease.     1913A-363. 

Taxation,    exemption    of    land    leased    for 

quasi-public   use.     2-810. 
— tax  value  of  lease.     1912C-944. 


Trust  property,  term  for  which  trustee 
may  lease.     14-651;  1914C-393. 

Vendor  and  purchaser,  stipulation  in  con- 
tract of  sale  of  land  giving  parties 
right,  on  default,  to  treat  transaction 
as  lease,  validity.     1912A-576. 

Waste,  alteration  of  building  by  tenant 
for  years  as  waste.     1912C-392. 

■ — when  tenant  for  years  has  estate  un- 
impeachable   for    waste.     1914D-669. 

"Wharves,  docks  or  piers,  liability  of  lessor 
or  lessee  for  injuries  sustained  on  de- 
fective  wharf.     1916C-154,   157,   164. 

Wills,  leasehold  as  included  within  gift 
of  "real  estate,"  "land,"  etc.,  in  will. 
20-1089. 

2.    Existence    of    Relation    on    Character 
of  Tenancy. 

Cropping  on  shares,  person  occupying 
building  on  premises  under  agreement 
to  farm  on  shares  as  tenant  of  owner. 
13-235. 

— relation  between  owner  of  premises  and 
person    working    land.     1914B-148. 

Employee  occupying  premises  of  employer 
as  part  of  compensation  as  creating 
relation  of  landlord  and  tenant. 
1916C-1111. 

Freeholder,  tenant  under  lease  as  "free- 
holder."    1913D-329. 

Invalid  lease,  character  of  tenancy  aris- 
ing from  occupancy  and  paying  rent. 
17-540. 

Lodger  and  tenant,  distinction  between. 
1914A-200. 

Theater   leases.     1914B-16;    1917C-398. 

— construction  as  applied  to  moving  picture 
ehows.     1916C-307. 


3.    Leases. 

A.    In  General. 

Acknowledgment  of  lease,  necessity  for. 
191SD-161. 

Agricultural  lands,  constitutional  or  statu- 
tory prohibition  against  long  leases, 
construction  and  effect.  15-345; 
1914A-349. 

Aliens,  lease  as  dissolved  by  tenant  be- 
coming   alien    enemy.     1917C-202. 

Conditional  sale  as  distinguished  from 
lease.     12-879. 


LANDLORD  AND  TENANT. 


501 


LANDLOED  AND   TENANT— Continued, 

Contract  to  lease  on  future  day  breached 
by  lease  to  another  as  affording  im- 
mediate right  of  action.     1-427. 

"Conveyance"  as  including  lease.  1913D- 
999. 

Corporations,  effect  of  dissolution  upon 
contract  of  lease  of  corporation.  13- 
577. 

Evidence,  extrinsic  to  lease,  admissibility 
to  show  agreement  by  landlord  to  re- 
pair.    1913A-37. 

— supplementing  lease  by  proof  of  collat- 
eral  oral    agreement.     1914A-456.  • 

Executory  agreement  to  take  lease,  lia- 
bility of  proposed  lessee  for  breach. 
1912C-1052. 

Homestead,  exemption  right  as  affected 
by  lease  of  part  of  premises.  16— 
1038. 

— husband  alone  executing  lease  of  home- 
stead property,  validity  and  effect.  9- 
13;  15-1121;  1917A-76. 

"Interest,"  term  as  including  estate  of 
lessee.     1912B-525. 

Lease  not  signed  by  lessee,  binding  effect 
on  him.     1913A-264. 

Option  to  purchase,  validity  of  stipula- 
tion given  lessee.     15-380. 

Oral  lease  for  one  year  to  commence  in 
future,  validity  within  statute  of 
frauds.     5-829;  18-1078. 

"Owner,"  term  as  including  tenant  for 
years.     1912A-316. 

Surety  of  lessee  as  discharged  by  altera- 
tion of  terms  of  lease.     6-359. 

Tenants  in  common,  effect  of  lease  by 
part  only.     1913D-1164. 

B.      CONSTEtJCTION. 

"Assign"  or  "assignee,"  meaning  as  used 
in  lease.     1913B-740. 

"Damage  by  elements,"  construction  of 
that  or  similar  phrases  as  used  in 
lease.     1917B-296. 

Deposit  by  tenant  to  secure  performance 
of  stipulations  contained  in  lease  as 
penalty  or  liquidated  damages.  19- 
215. 

"Etc.,"  legal  meaning  of  term  in  lease. 
1912C-172. 

Goodwill  as  passing  on  lease  of  business 
without    mention    thereof.     lS-434. 


LANDLORD  AND  TENANT— Continued. 

"House"  in  lease  as  including  land. 
1914B-1239. 

Insurance,  construction  of  agreement  by 
lessee  to  insure  premises  against  fire. 
1918E-299. 

"Person"  as  used  in  lease  as  including 
private    corporation.     20-748. 

"Similar,"  meaning  of  term  in  lease.  18— 
793. 

Support  of  lessor,  construction  and  oper- 
ation of  provision  in  lease  as  rent  or 
part  thereof.     1913B-550. 

"Wear  and  tear"  clause  in  lease,  construc- 
tion.    13-96. 

Written  matter  as  controlling  printed 
matter  in  construction  of  lease. 
1913E-962. 


O.    Covenants. 

Alterations,  lease  stipulating  against  al- 
terations as  violated  by  introduction 
of    electric    light    wires.     1915C-1008. 

Implication  of  covenant  for  quiet  enjoy- 
ment.    1917C-615,   620,  625. 

Negative  covenants  as  embraced  within 
positive    clause    of   forfeiture.     1-794. 

Eeturn  of  premises  in  condition  they 
"now  are,"  time  referred  to  in  lessee's 
covenant.     15-881. 

Special  or  local  assessment  as  included 
within  covenant  to  pay  "taxes."  12- 
589. 

Water  rents  as  taxes  or  rates  within 
meaning  of  covenant  in  lease  to  pay 
rates.    &-111. 

D.    Eenewal. 

Breach  of  contract  to  renew  lease,  meas- 
ure of  damages  recoverable  from  les- 
sor.    1913D-208. 

Executors  and  administrators,  liability  of 
personal  representative  of  deceased 
lessee  for  exercise  of  option  for  re- 
newal.    1-770. 

Holding  over  by  tenant  under  lease  giv- 
ing option  for  renewal  as  exercise  of 
option.     6-341;    19-399;    1915D-*2o2. 

Implied  trust  arising  from  renewal  of 
lease.     7-295;    1912B-1100. 

— sublessor's  or  sublessee's  renewal  as  rais- 
ing implied  trust.     7-297. 


502    INDEX  TO  THE  NOTES,  1  ANN.  GAS.  TO  ANN.  CAS.  1918E. 


LANDLORD  AND  TENAIH?— Continued. 

Option  to  purchase  contained  in  lease, 
effect  of  taking  new  lease  of  prem- 
ises.    1915A-357. 

Part  only  of  leased  premises,  covenant 
of  renewal  as  enforceable  as  to.  17- 
113. 

Perpetual  renewal,  construction  of  cove- 
nant for  renewal  as  covenant  for  per- 
petual renewal.     13-1006;    1916C-1096. 

Time  for  which  renewal  may  be  had  un- 
der indefinite  agreement  granting  op- 
tion for  renewal.     6-102. 

4.    Title,  Possession,   Care,  Use  and  £n- 
jojnnent  of  Premises. 

A.    In  Genebal. 

Ancient  lights,  liability  of  third  person 
to  landlord  for  obstruction.  1912I>- 
126. 

Attachment  of  leasehold,  what  is  sufficient 
levy.     1916B-993. 

Coal-hole  in  sidewalk,  liability  as  be- 
tween owner  and  tenant  for  injuries 
sustained  by  pedestrian.  19-469; 
1917D-495. 

Destruction  of  tenant's  property  by  fire, 
liability    of    landlord.     1914B-418. 

Eminent  domain,  right  as  between  lessor 
and  lessee  to  compensation  for  prop- 
erty  taken.     4-1011;    15-714. 

Execution,  interest  of  lessee  as  subject 
to  levy.     15-867. 

Failure  of  landlord  to  deliver  possession 
of  premises,  measure  of  damages  re- 
coverable   by    tenant.     1915B-805. 

Implied  covenant  by  lessor  to  give  pos- 
session to  lessee.     14-402. 

Injury  to  leased  premises,  liability  of 
third  person  to  landrord.     1912D-120. 

Insurance,  illegal  acts  of  tenant  as  affect- 
ing policy  issued  to  landlord.  15- 
543. 

— ^insurable  interest  of  tenant  for  specific 
term.     1913E-741;    J[917C-951. 

Judgment  against  tenant  affecting  title 
to  land,  effect  on  landlord.  5-61; 
19-263. 

Manure,  right  of  tenant  to  remove  from 
premises.     11-80. 

Mortgages,  assignment  of  mortgage  on 
payment  of  mortgage  debt,  right  of 
tenant  for  years.     1914B-566. 


LANDLORD  AND   TENANT— Continued. 

— leasehold  rights  as  affected  by  fore- 
closure   of    mortgage.     1915A-397. 

— redemption  from  mortgage,  right  of  ten- 
ant for  years.     4-807. 

Nuisance  existing  at  commencement  of 
tenancy,  right  of  landlord  to  recover 
damages    to    premises.     6-150. 

Partition,  right  to  partition  of  property 
subject  to  lease  for  term  of  years.  9- 
1029. 

Possession  of  tenant  as  constructive  no- 
tice to  purchaser  of  landlord's  or  ten- 
ant's rights  and  equities.  1913A- 
1214. 

Prospective  tenant  visiting  premises  for 
purpose  of  inspection,  liability  of 
owner  for  personal  injuries.  1916A- 
98S. 

Eight  of  way  as  passing  to  lessee  under 
general  demise  of  premises.     19-1202. 

Straw,  right  of  tenant  to  remove  from 
premises.     16-528. 

Subrogation  of  lessor  on  payment  of 
taxes  for  which  tenant  was  bound, 
under   lease.     17-1136;    1912B-751. 

Taxation,  improvements  placed  on  land 
by  lessee,  liability  for  payment  of 
taxes  as  between  lessor  and  lessee 
in  absence  of  agreement.     1912A-275. 

— ^liability  for  taxes  on  land  conveyed  on 
condition  of  payment  of  ground  rent. 
1914B-845. 

Vendor's  lien,  leasehold  interests  as  sub- 
ject to  implied  vendor's  lien.  21- 
952. 

B.    Use  of  P^iemises. 

Absence  of  express  agreement,  purposes 
for  which  leased  building  may  be 
used.     21-895. 

Front  wall  of  building,  right  of  tenant 
to  use  for  advertising  purposes. 
1912C-1127;    1916C-482. 

Illegal  purpose,  tenant's  use  of  premises 
as  forfeiting  rights  under  lease. 
19130-1352. 

Implied  reservation  by  landlord  of  right 
to  use  part  of  demised  premises. 
1914A-86. 

Liability  of  landlord  to  tenant  for  use 
of  premises  by  another  tenant.  14— 
1124. 


LANDLORD  AND  TENANT. 


503 


LANDLORD  AND  TENANT— Continued. 

Railroads,  liability  of  lessor  for  negligent 
or  illegal  operation  by  lessee.  1915D- 
996. 

Roof  of  leased  premises,  respective  rights 
of  landlord   and  tenant.     16-1209. 

Signs  on  demised  premises,  right  of  land- 
lord to  place.     12-41. 

C.    Eviction  and  Ejectment  of  Tenant. 

Constructive  eviction,  failure  of  landlord 
to  perform  duty  to  tenant.  1916B- 
123. 

— heating  premises,  failure  of  landlord  to 
heat  according  to  contract.  1914B- 
1074;    1918D-394. 

— ^positive  overt  act  of  landlord,  construc- 
tive eviction  resulting  from.  7-593; 
19-690. 

Ejectment,  right  to  maintain  action 
against  landlord  without  joining  ten- 
ant.    12-531. 

Eminent  domain,  appropriation  of  prem- 
ises under  power  of  eminent  domain 
as    eviction    of   tenant.     1912D-367. 

Forcible  ejectment  after  termination  of 
lease,  right  of  tenant  to  damages 
against  landlord.     12-770. 

Forcible  entry  and  detainer,  landlord's 
right  of  action  for  entry  during  pos- 
session of  tenant.     7-924. 

— tenant's  right  to  maintain  action 
against  landlord  for  forcible  eject- 
ment after  termination  of  lease. 
12-767. 

Partial  eviction  by  landlord  as  affecting 
his  right  to  recover  rent  or  main- 
tain proceeding  to  dispossess.  1914A- 
1230. 

Rendering  premises  uninhabitable,  right 
of  landlord  after  breach  of  condi- 
tion in  lease,  where  lease  gives  right 
of  re-entry  for  conditions  broken. 
15-1071. 

Setoff  or  counterclaim  in  action  by  land- 
lord to  recover  demised  premises, 
right  of  tenant  to  interpose.  1916D- 
372. 

Third  persons,  eviction  of  tenant  by  act 
of  third  person.     1915C-396,  405,  409. 

Title  paramount,  right  of  tenant  to  re- 
cover damages  for  eviction  under. 
1916D-1147. 

Wrongful  eviction,  damages  recoverable 
by   tenant.     6-460;    1912A-860. 


LANDLORD  AND  TI»TANT— Continued. 

D.    Deprivation  of  Use  of  Premises. 

Accidental  injury  or  destruction  of  build- 
ing, effect  on  lease  of  part  of  build- 
ing.    9-107. 

Lease  for  saloon  purposes  where  tenant 
is  subsequently  unable  to  use  prem- 
ises for  that  purpose,  right  of  land- 
lord and  tenant  inter  se.  15-1103; 
1913E-262;   1916B-1026;   1918D-1145. 

E.    Light  and  Water. 

Injuries  caused  by  water  brought  on 
premises,  liability  of  landlord  to  ten- 
ant.    10-257;    1913D-811. 

Light  or  water  furnished  tenant,  va- 
lidity of  statute,  ordinance  or  regu- 
lation making  owner  of  premises 
liable.     7-1017;   11-241. 

Passageway  common  to  tenants,  duty  of 
landlord  to  light.  14-764;  19-667; 
1914D-592;    1917E-596. 

Waterworks,  liability  of  one  tenant  to 
another   for  negligent   use.     18-533. 

F.    Repairs    and    Improvements. 

Action  of  tort  on  landlord's  agreement 
to  repair.     3-835;   13-171;   1915D-832. 

Collapse  of  building,  liability  of  land- 
lord to  tenant.     18-6. 

Concealed  defects  in  premises,  duty  of 
landlord  to  inform  tenant.  1-679; 
12-512. 

Damages,  measure  recoverable  for  breach 
of  covenant  to  make  improvements. 
4-899. 

— landlord's  recovery  for  breach  of  ten- 
ant's covenant  to  repair.     14-152. 

— tenant's  recovery  for  landlord's  breach 
of  covenant  to  repair.     15-563. 

Defects  in  premises,  liability  of  land- 
lord to  third  persons  as  affected  by 
his  agreement  to  repair.  2-466;  5- 
716;    12-49;    1915B-165;    1916C-815. 

Elevators,  liability  of  landlord  to  em- 
ployee of  tenant  for  injuries  due 
to  negligent  operation.  1912D-532; 
191.5B-572. 

Excavations  by  landlord  as  affecting  lia- 
bility for  injury  to  his  tenant  on 
adjoining  land.     21-24. 

Fall  of  ceiling,  liability  of  landlord  to 
tenant  for  injuries  caused.  1913C- 
973. 


504    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


I.ANDLOED   AND   TENANT— Continued. 

Fire-escapes,  duty  to  maintain  as  be- 
tween owner  and  lessee  or  occupant. 
9-1167. 

— ^liability  of  owner  of  building  to  em- 
ployee of  tenant  for  failure  to  pro- 
vide or  keep  in  proper  condition. 
1913B-278. 

Heating  apparatus  operated  by  landlord, 
duty  to   keep  in  repair.     19120-210. 

Independent  contractor  making  repairs, 
liability  of  landlord  to  tenant  for 
his  negligence.     9-211. 

Notice  by  tenant  to  landlord  of  need  of 
repair  during  term,  necessity  of  giv- 
ing.    1912B-353. 

Payment  for  improvements  or  repairs, 
right  of  lessee  to  enforce  covenant  to 
pay  against  successor  of  reversion. 
4-439;    1918D-1180. 

Tenant's  covenant  to  repair,  construction 
with  reference  to  condition  of  prem- 
ises at  time  of  letting.     8-577. 

Voluntary  repairs  by  landlord,  liability 
as  for  negligence.     191oD-827. 

G.    FrxTUBES. 

Eminent  domain,  value  of  fixtures  at- 
tached by  tenant  as  element  of  dam- 
ages sustained  by  appropriation  of 
property.     1916C-782. 

Garage,  building  erected  for  use  as 
garage,  right   to   remove.     1915D-265. 

Gas  or  electric  light  plant  or  accessories 
as  constituting  fixtures.     1917B-188. 

Ice-house  erected  by  tenant  as  fixture. 
20-790. 

Mining  lease,  right  of  lessee  to  remove 
machinery  and  other  appliances.  2- 
738. 

New  lease  as  affecting  right  to  remove 
trade   fixtures.     3-331;    20-769. 

Person  claiming  under  tenant,  right  as  to 
time  for  removal  of  fixtures.  10- 
109. 

Store  front  erected  by  tenant  as  fixture. 
1914A-260. 

Trade  fixtures  substituted  for  parts  of 
leased  premises,  right  of  lessee  to  re- 
move.    20-606. 

5.    Bent. 

A.    In  General. 

Abandonment  of  premises  by  tenant,  re- 
covery of  rent.         14-1089. 


LANDLOED  AND   TENANT— Continued. 

Advance  paj'ment  of  rent,  landlord's 
right  to  retain  on  re-entry  for  con- 
dition broken.     1915D-613. 

— lessee's  right  to  recover  on  destruction, 
of   premises.     1912B-1117. 

Bankruptcy  of  tenant,  claim  for  rent  as 
provable  in  proceedings.  1916A-944, 
948. 

Destruction  of  premises,  right  of  lessor  to 
recover  proportionate  part  of  annual 
rental.     1915C-602. 

Failure  to  comply  with  statute,  ordinance 
or  regulation  requiring  fire-escapes 
or  other  safety  or  health  devices  as 
affecting  landlord's  right  to  recover 
rent.     1913B-406, 

Ground  rent,  extinguishment  by  merger 
of  estate.     8-996. 

Illegal  sale  of  liquor,  landlord's  knowl- 
edge of  use  of  premises  as  affecting 
right  to  rent.     1918C-442. 

Immoral  purposes,  right  to  recover  rent 
for  lease   of  premises   for.     21-837. 

Implied  contract  to  pay  rent  for  use  and 
occupation  of  another's  land  for 
grazing  cattle.     1912C-1147. 

Inconsistent  defenses  in  action  relating 
to   rent.     1917C-733. 

Infant  lessee,  right  to  recover  from 
lessor  money  paid  as  rent.  1915B- 
676. 

Judicial  sale  of  leased  land,  right  of  pur- 
chaser with  respect  to  rent.  1912B- 
398. 

Lien  of  landlord  as  divested  by  bank- 
ruptcy or  insolvency  of  tenant.  15- 
386. 

— priority  of  employee's  statutory  lien 
for   wages    over    rent    lien.     10-346. 

Prostitution,  right  to  recover  rent  for 
premises  used  for  purpose.  8-181; 
1914B-806. 

Quitclaim  deed  as  passing  accrued  rent. 
1913C-367. 

Rent  as  realty  or  personalty.     191SA-148. 
Eoyalty    and     rent,     distinction    betrreen. 
19i6E-1225, 

Sale,  mortgage  or  other  grant  of  rever- 
sion, person  to  whom  rent  is  payable 
in  absence  of  governing  statute. 
1916D-192,  201. 

Surrender  of  premises  by  lessee  without 
formal  assignment  of  lease,  liability 
of  surrenderee  for  rent.    1914B-466. 


LANDLORD  AND  TENANT. 


505 


LANDLORD  AND  TENANT— Continued. 

Time  of  day  when  rent  is  payable. 
1912D-387. 

Venue  of  action  to  recover  rent  of  realty. 
1912C-914. 

Where  rent  is  payable.     1913C-1198. 

B.    Forfeiture  for  Nonpayment. 

Customary  acceptance  of  rent  after  stipu- 
lated time  for  payment,  effect.  15- 
253. 

Demand  for  payment  of  rent,  necessity 
in  order  to  enforce  forfeiture  for 
nonpayment.     8-581. 

Equitable  relief  from  forfeiture  of  lease 
for   nonpayment   of  rent.     1913A-828. 

Surrender  of  premises  between  rent  days, 
effect  upon  liability  for  rent.  10- 
365. 

Tender  of  rent  due  by  tenant  before 
declaration  of  forfeiture  as  valid  ten- 
der.    1912D-1009. 

Waiver  of  forfeiture  for  breach  of  con- 
dition in  lease  by  landlord's  receipt 
of  after-accruing  rent.  11-62;  1915A- 
1250. 

C.    Distress. 

Right  to  distrain  as  depending  on  rela- 
tionship of  landlord  and  tenant.  19- 
268. 

Stranger's  property  on  tenant's  premises 
distrained  for  rent,  remedy  of 
stranger,     16-1160. 

When  one  distress  bars  second.     3-821. 


6,    Termination  of  Relation. 

A.    In  General. 

Abandonment  of  premises  by  tenant, 
rights  and  remedies  of  landlord.  14- 
1088. 

Crops,    forfeiture    of    tenant's    estate    by 

his   own    act,    right     of    landlord    to 

growing   crops.     15-1033. 

— termination    of    lease    for    fixed   period, 

'  right    of   tenant    to  "crops    thereafter. 

9-1139. 

Destruction  of  premises,  construction  of 
provision  for  termination  of  tenancy 
in    case    of.     1913A-1095. 

Entry  by  landlord  for  purpose  of  repair- 
ing premises  as  acceptance  of  sur- 
render  by   tenant.     1912D-974. 


LANDLORD  AND  TENANT-HContinued. 

Termination  of  lease  at  option  of  one  or 
both  parties,  construction  of  provi- 
sion therefor.  1916B-306;  1917E- 
523. 

B.    Notice  to  Quit. 

Forcible  entry  and  detainer,  necessity  for 
notice  to  quit  before  landlord  can 
bring  action  against  tenant,  whose 
lease  has  expired.     8-731. 

Landlord's  notice  to  quit,  sufficiency  of 
service.     8-1144. 

Revocation  or  withdrawal  of  notice  to 
quit,  right  of  landlord  or  tenant. 
1912D-162. 

Tenant's  notice  to  quit,  designation  of 
time  of  termination  of  tenancy.  4- 
628. 

C.    Holding  Over  by  Tenant. 

Holding  over  by  tenant  under  lease  giv- 
ing option  for  renewal  as  exercise  of 
option.     6-341;    19-399;    1915D-252. 

Measure  of  damages  where  tenant  holds 
over  without  consent  of  landlord. 
17-284. 

Statutory  penalty  of  double  rent  or  value 
for  holding  over  after  termination  of 
tenancy.    1912A-278. 


7.    Assignment  of  Ijease  and  Subletting. 

A.     In  Genkial. 

"Assign"  or  "assignee,"  lessee  as  included 
within  term.     1913B-738. 

Covenant  for  renewal,  right  of  assignee 
to   enforce.     12-969. 

Distinction  between  assignment  of  leasa 
and    sublease.     7-537. 

Liability  of  lessee  or  sublessee  as  affected 
by  sublease.     1916E-822. 

Mining  lease,  lessee's  right  to  sublet 
premises.     1913B-1102. 

Option  to  purchase,  right  of  assignee  of 
lease  to  enforce.     5-914. 

Oral  consent  to  subletting  where  lease  re- 
quires written,  sufficiency.    16-606. 

Renewal  of  lease,  effect  of  exercise  of 
privilege  on  right  to  sublet  under 
original   lease.     1913C-642, 

Rent,  liability  as  affected  by  assignment 
or  siiblease  by  tenant.  1916E-788, 
832,   837,  842,   844. 


506    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


LANDLORD  ANB  TENANT— Continued. 

Eestriction  in  lease  as  to  us€  of  prem- 
ises as  binding  on  sublessee.  1912D~ 
68. 

Sublease,   what   constitutes.     7-539. 

Surrender  of  leased  premises  by  lessee  to 
lessor,  effect  upon  rights  of  sublessee. 
10-424. 


B.    Covenant  Against. 

Acceptance  of  rent  as  waiver  of  breach 
of  covenant  against  assignment  or 
subletting.     1913A-1202. 

Assignment  by  one  colessee  to  another  as 
breach  of  covenant  against  assign- 
ment.    16-31S. 

Construction  of  restrictive  covenant 
against  assignment  or  subletting. 
1913B-889. 

Death  of  lessee,  covenant  against  assign- 
ment of  lease  as  affected  by  trans- 
mission of  his  interest  by  death.  12- 
978. 

Part  of  demised  premises,  subletting 
thereof  as  violation  of  stipulation 
against  sublease.     19-953. 


8.    Denial  of  Landlord's  Title. 

Attornment  as  estopping  tenant  in  posses- 
sion to   deny  landlord's  title.     4-109. 

Conveyance  of  premises  by  landlord  dur- 
ing tenancy,  estoppel  of  tenant  to 
show.     1912C-349. 

Estoppel  of  tenant  to  deny  landlord's 
title  in  action  by  landlord  to  recover 
possession   of  premises.     1912D-101. 

Possession  by  tenant  prior  to  lease  as 
working  estoppel  to  deny  landlord's 
title.     4-108;   1913  A-1 069. 

Title  adverse  to  landlord,  necessity  that 
tenant  surrender  possession  before 
asserting.     1917D-548. 


LANDSLIDES. 

Injury  to  passenger  caused  by  train  run- 
ning into,  liability  of  carrier.  17- 
8S4. 

Quarries,  trenches  and  other  excavations, 
liability  of  master  for  injuries  to 
servant  by  landslide.     7-301;  21-708. 


LANaUAGE. 

Confession  offered  in  language  other  than 
that  in  which  it  was  made,  admissi- 
bility.    1912B-301. 

Disorderly  conduct  or  breach  of  peace, 
language    constituting.     1917C-889. 

Ignorance  of  language  as  rendering  em- 
ployee  incompetent.     1912C-96. 

Publication  required  by  statute,  language 
in  which  should  be  made.  14-420; 
1912B-632. 

LAPSE  OF  LEGACY  OR  DEVISE. 

See    Wills. 

LAPSE  OF  TIME. 

See  Laches;  Limitation  of  Actions;  Fie> 

siunptlons. 


LARCENY. 

1.  In  General. 

2.  Nature  and  Elements  of  Offense. 

3.  Subjects  of  Larceny. 

4.  Character  of  Taking. 

5.  Indictment. 

6.  Defenses. 

7.  Evidence. 

8.  Trial  and  Punishment. 

9.  Eights  in  Stolen  Property. 

1.    In   General. 

Automobiles,  construction  of  policy  in- 
suring against  loss  by  theft.  1915A- 
629;    1917D-55. 

Bailee's  liability  for  theft  of  servant.  4- 
1085. 

Carrier  of  passengers,  liability  of  car- 
rier other  than  sleeping-ear  com- 
pany for  larceny  from  passenger  by 
stranger.     1918E-582. 

Contract  to  procure  compensation  for 
stolen  property,  validity.  7-1010; 
1914A-519. 

Corporations,  liability  to  indictment  for 
larceny.     19160-463. 

Kleptomania,  1914A-886. 

Libel  or  slander  on  imputation  of  lar- 
ceny, excessiveness  of  verdict.  1913B- 
70l]  706. 


LARCENY. 


507 


LARCENY — Continued. 

— necessity  that  justification  be  of  precise 
charge.     1918C-1139. 

Malicious  prosecution  for  larceny,  exces- 
siveness  or  inadequacy  of  verdict. 
1916C-258,   280. 

Master's  civil  liability  for  larceny  by 
servant.     1-96. 

Witnesses,  larceny  as  crime  for  convic- 
tion of  which  witness  may  be  im- 
peached.    1916A-277. 


2.    Nature  and  Elements   of  Offense. 

Accessory  or  accomplice  of  thief,  receiver 
of  stolen  goods  as.     20-594. 

Distinction  between  larceny  and  obtain- 
ing property  by  false  pretenses.  2- 
1010. 

Embezzlement  and  larceny,  distinction 
between,     13-882. 

Fidelity  insurance,  what  constitutes  lar- 
ceny by  employee.  1917C-427,  429, 
450,  453. 

Husband  and  wife,  larceny  between.  2- 
37;   1913B-252. 

Lost    property,   theft  by  finder.     20-13S0. 

Participant  in  larceny  as  liable  to  charge 
of  receiving  stolen  goods.  1912B- 
1211. 

Possession  by  person  from  whom  property 
is  stolen,  right  to  possession  as  af- 
fecting crime   of  larceny.     13-495. 


3.    Subjects  of  I*ajceny. 

"Any  goods  or  chattels,"  legal  meaning  of 
term  under  larceny  statute.  1916E- 
41. 

Bank  notes  as  money  within  law  of  lar- 
ceny.    4-630. 

Bees  as  subject  of  larceny.     1917B-987. 

Checks,  undelivered  check  as  subject  of. 
18-138. 

Decoy  letter  as  subject  of  larceny  under 
postal  laws.     4-878. 

Dogs  as  subject  of  larceny.     13-81. 

Electricity,  larceny   of.     6-739. 

Gas,  larceny  of.     6-739. 

Railroad  tickets,  larceny  of.  14-179; 
1914D-649. 


LARCENY — Continued. 

Thing  kept  for  unlawful  purpose  as  sub- 
ject of  larceny.     5-798. 

Water,  larceny  of.     6-739. 

Wild  animal  as  subject  of  larceny. 
1917B-971, 

4.     Character    of    Taking. 

Appropriation  of  valuable  property  found" 
in  property  purchased  as  larceny.  16- 
228. 

Asportation  or  carrying  away  goods,  what 
constitutes  within  law  of  larceny. 
21-856. 

Bringing  stolen  goods  from  another  juris- 
diction as  larceny  in  forum.  1912A- 
392. 

Lost  property  withheld  by  finder  for  re- 
ward as  larceny.     20-1385. 

Mislaid  property,  larceny  by  finder. 
1917D-806. 

Obtaining  possession  of  property  by  trick 
or  fraud  with  intent  to  steal.     8-287. 

Personal  gain,  doctrine  of  taking  for  per- 
sonal gain  in  law  of  larceny.     18-824. 

Taking  property  under  mistaken  belief 
as  to  ownership  and  afterward  con- 
verting to  own  use  as  larceny. 
1912B-340. 

Trap  to  catch  thief,  facilitation  of  theft 
as  consent  to  taking.     10-631. 

5.    Indictment. 

Animal,  description,  sufficiency  of  indict- 
ment and  of  proof  in  support.  17- 
735. 

Ajticles  belonging  to  different  owners, 
sufficiency  of  indictment  in  respect 
to  allegations  charging  theft.  16- 
585. 

Certainty  in  description,  effect  of  evi- 
dence that  more  certain  description 
could  have  been  given,  where  indict- 
ment alleges  more  certain  description 
of  property  is  unknown.     18-944. 

Married  woman's  property,  allegation  of 
ownership  in  indictment  or  informa- 
tion.    6-163. 

Private  corporation,  company,  association 
or  society,  sufficiency  of  indictment 
with  reference  to  allegations  of  own- 
ership.    18-1121. 


508    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


LARCENY— Continued. 

Property  belonging  to  decedent's  estate, 
pleading  and  proof  as  to  ownership 
or  possession  in  prosecution.  20- 
1263. 

Value,  necessity  of  alleging  in  indictment. 
a-857. 

6.  Defenses. 

Inducement  to  commit  with  view  to  pros- 
ecution as  defense  to  such  prosecu- 
tion. 4-875;  10-627;  17-296;  1916C- 
732. 

Intoxication  as  defense  in  prosecution. 
6-636. 

Eestoration  of  property  or  settlement  or 
offer  to  settle  with  owner  as  defense. 
19I6C-69. 

7.  Evidence. 

Animal,  sufficiency  of  proof  with  respect 
to   description.     17-735. 

Corpus  delicti,  proof  by  circumstantial 
evidence.     16-1215, 

Declarations  as  to  ownership  made  by  per- 
son accused  prior  to  being  suspected, 
admissibility.     2-303. 

Financial  condition  of  defendant,  admis- 
sibility of  evidence  in  prosecution. 
19-117. 

Mistaken  belief  as  to  ownership,  burden 
of  proof  in  prosecution.     2-192. 

Other  stolen  property,  admissibility,  proof 
of  possession  by  defendant.     10-1089. 

Property  belonging  to  decedent's  estate, 
proof  as  to  ownership  or  possession. 
20-1263. 

Value  of  article  stolen,  proof  to  deter- 
mine  degree    of   larceny.     1912A-S95. 


8.    Trial  and  Punishment. 

Cruel  and  unusual  punishment  for  larceny. 
19-729;    1918B-399. 

Instructions,  duty  of  court,  upon  request, 
to  instruct  as  to  law  of  circumstan- 
tial evidence  in  prosecution  wherein 
it  is  shown  that  defendant  had  pos- 
session of  stolen  property.     8-796. 

Verdict  of  conviction,  necessity  for  stat- 
ing value  of  property.     19-687. 


LARCENY— Continued. 

9.    Eights  in  Stolen  Property. 

Bills  and  notes,  title  and  right  of  bona 
fide  holder  of  stolen  negotiable  in- 
strument.    13-1172;    1916A-603. 

Civil  action  against  thief  for  recovery  of 
stolen    goods.     19-647. 

Stock  certificate,  right  of  owner  to  re- 
cover same  from  innocent  purchaser 
from  thief  or  finder.     1913C-1117. 

Title  to  stolen  personalty  as  acquired  by 
lapse  of  time.     19-751. 


LARD. 

Sale  of  lard  or  lard  substitute,  validity 
and  construction  of  statute  regulating. 
1916B-1169. 


LARKING  OR  JOKING. 

Accident  arising  out  of  and  in  course  of 
employment  within  Workmen's  Com- 
pensation Act.  1913C-11,  12,  18; 
1916B-1297,  1300,  1303,  1304;  1918B- 
774,  789,  795. 


LAST  CLEAR  CHANCE. 

Collision  between  street-car  and  automo- 
bile, application  of  doctrine.  1916E- 
515. 

Concurrent  negligence  of  plaintiff  as  de- 
feating recovery  under  doctrine. 
1912B-8S8. 

Kailroad's  liability  for  injury  to  person 
other  than  servant  on  its  bridge  or 
trestle.     1914D-1218. 

Standing  or  walking  so  close  to  railroad 

track    as    to    be    injured    by  passing 

train,   application  of  rule  in  case   of. 
1912B-1245. 

Stopping  or  leaving  vehicle  in  dangerous 
place  in  street,  application  of  doc- 
trine.    1917C-1239,  1243. 


LATENT  DANGER. 

Assumption  of  risk  doctrine  as  applicable 
to    lineman.     1912B-471. 

Burden   of  proof  of  knowledge   of  latent 
danger  by   employee.     11-116. 


LATENT  DEFECT— LAWYERS. 


509 


LATENT  DEFECT. 

Implied  warranty  against  on  sale  by  sam- 
ple,    1917C-323. 

LATERAL  SUPPORT. 

See   Adjoining   Land    Owners. 


LAUNDRIES. 

Aliens,    discrimination   against   in   regula- 
tion of  laundries.     21-981. 

Hours    of    labor,   restriction   in   laundries. 
21-977. 

License  fees,  imposition  on  laundries.    21- 
978. 

Mangles,  injury  to  servant  operating,  lia- 
bility of  master.     17-1104. 

State  or  municipal  regulation.     21-975. 


LAVATORIES. 

Public  lavatory  constructed  in  street  as 
nuisance  or  as  entitling  abutting 
owner    to    compensation.     1918D-906. 


LAW. 

See   Constitutional   Law;    Statutes. 

Mistake  of  law  as  ground  for  annulment 
of    compromise.     1916D-347. 

— ^law  of  foreign  jurisdiction,  right  to 
equitable  relief  from  mistake.  1914C- 
1264. 

Ordinance     as     law.     1917C-687j     1918B- 

278. 

Practicing  law,  what  constitutes.     18-658. 

"Profession"  or  "professional,"  legal 
meaning  of  term.     1913E-242-. 


LAWFUL  ACTS. 

Malicious  motive  as  not  rendering  un- 
lawful. 1-250;  16-810;  1912D-798; 
1916C-438. 


LAWFUL  HEIRS. 

Meaning  of  term  as  used  in  will.     1917C- 
1156. 


LAW-MERCHANT. 

Judicial  notice   of  usages  and   customs  of 
law-merchant.     12-431. 

Law-merchant    as    part    of    common    law. 
1913E-1228;    1918A-971. 


LAW  OF  CASE. 

Decision  of  appellate  court  upon  suffi- 
ciency of  evidence  to  prove  fact  in 
controversy  as  res  judicata  on  second 
appeal.     6-791. 

Instructions  not  excepted  to  as  law  of 
case  on  appeal.     1913D-300. 

LAW  OF  PLACE. 

See  Conflict  of  Laws. 


LAW  OF  ROAD. 

Automobile  and  street-car  traveling  in 
same   direction.     1913E-1121. 

— rights  and  duties  of  persons  driving 
automobiles  in  highways.  13-463; 
21-648. 

Compliance  with  in  turning  to  right,  how 
far  vehicles  must  turn.     5-148. 

Crossings,  law  of  the  road.     1-164. 

Pedestrians,  automobiles  on  highways, 
rights  and  duties  of  pedestrians.  4- 
400. 

— vehicles  in  highways,  rights  and  duties 
of    pedestrians.     4-398;    1914A-249, 

Playing  in  highway,  law  of  road  as  ap- 
plicable to.     1917C-454. 

Eight  of  way  in  streets,  validity  of  statute 
conferring  on  particular  vehicles. 
1915A-93. 

Vehicles  going  in  same  direction.  1913A- 
833;  1918E-562. 


LAW  PARTNERSHIP. 

Efifect  of  death  of  member  upon  executorj 
contracts.     1-40L 


LAW  REPORTS. 

Copyright   protection,    extent  of.     17-961. 

LAWYERS. 

See   Attorneys. 


510    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 

LEADING  QUESTIONS.  LEGAL  EXECUTION. 


Discretion  of  trial  court  as  to  permitting. 
17-840. 

Privilege  of  court  to  ask  in  examination 
of  witness.     6-479. 


LEAD  POISONING. 

Accident  arising  out  of  and  in  course  of 
employment  within  Workmen's  Com- 
pensation Act.     1918B-7S8. 


LEASES. 

Bee    Laudlord    and    Tenant;    Mines    and 

Minerals. 


LEATHER  DEALERS. 

Trade,    leather    dealer     as     engaged    in. 
1916A-1200. 


Life  insurance,  effect  of  incontestable 
clause  in  policy  in  case  of  legal  exe- 
cution.    1917D-1183. 


LEGALLY  DUE. 

Legal  meaning  of  term.     191SE-790. 

LEGAL  REPRESENTA- 
TIVES. 

Meaning  as  used  to  designate  beneficiaries 
in  insurance.     21-1271. 

LEGAL  SERVICES. 

See  Attorneys. 

LEGATEES. 

See  Wills. 


LEAVE  OF  ABSENCE. 

Municipal  corporation,  power  of  authori- 
ties to  grant  officer  or  employee  leave 
with  pay.     1915B-796. 

School,  power  to  grant  officer  or  employee 
leave  with  pay.     1915B-796. 


LEGISLATURE. 


1.  In  General. 

2.  Powers. 

3.  Committees. 

4.  Enactment  of  LawsL 


LEAVING  SEAT. 

Passenger  leaving  seat  before  train  stops 
at  destination  as  contributory  negli- 
gence.    4-750;    1914A-636. 


LEAVING  WORK. 

Accident  arising  out  of,  and  in  course  of, 
employment  within  Workmen's  Com- 
pensation Act.  1913C-25;  1916B- 
1314;   1918B-814,  819. 


LEDGERS. 

Admissibility  in  evidence.     2-845;  1917C- 
965. 


LEGACIES  AND  LEGATEES. 
See  Wills. 

LEGACY  TAXES. 

See  Tnlierltance  Taxes. 


1.    In  General. 

Absence  of  counsel  because  of  attendance 
on  legislature  as  ground  for  continu- 
ance.    1913C-431. 

Adjournment  of  legislature,  what  consti- 
tutes.    1915B-774. 

Contract  with  state  in  which  member  of 
legislature  is  interested,  validity. 
1916A-237. 

Delegation  of  legislative  power,  adminis- 
trative board  vested  with  authority 
to  determine  qualifications  of  licen- 
sees.    2-427. 

—civil   service    commission.     1913B-1008. 

— insurance    commissioner.     6-91. 

— public  office,  delegation  of  power  to 
create.     18-489. 

Estoppel  of  state  to  question  validity  of 
de  facto  corporation  by  legislative 
enactment  recognizing  it.     12-261. 

Food,  injurious  nature  of  ingredients, 
conclusiveness  of  legislative  deter- 
mination.    1914A-1157. 


LEGISLATURE. 


511 


LEGISLATURE— Continued. 

Process,  service  of  civil  process  on  mem- 
bers.    2-615;    1&17B-641. 

Procurement  of  legislation,  contract  for 
contingent  compensation,  validity 
6-218;  1916E-948. 

— validity  of  contract  requiring,  as  inci- 
dent to  full  performance,  procure- 
ment of  legislation.     16-850. 

Session  of  legislature,  time  as  computed 
by  exclusion  or  inclusion  of  Sunday 
or  holiday.     1917E-943. 

— special  or  extra  session,  validity  of 
legislation.     21-409;    1915C-47o. 


2.    Powers. 

Attorneys,  qualifications  for  admission  to 
bar,  power  to  determine.     10-198. 

Constitutions,  amendment  proposed  by 
legislature,  power  of  courts  to  deter- 
mine validity  of  action.     1914B-925. 

— ^new  constitution,  power  of  legislature  to 
formulate  and  submit  to  people. 
1915C-240. 

Contempt  by  person  other  tlian  witness, 
power  of  legislature  to  punish.  1918B- 
378. 

— power  of  legislature  to  punish  witness 
for   contempt.     7-877;   1916B-1118. 

—regulation  of  contempt,  power  of  courts 
as  within  legislative  control.     16-759. 

Courts  of  record,  power  to  create  or 
abolish.     1913C-1160. 

Dower,  legislative  control  of  inchoate 
dower.     12-191. 

Drainage  and  reclamation  districts,  power 
of  legislature  to  create.     1915C-9. 

Elections,  primary  election  laws,  power  of 

legislature  to  pass.     12-73. 
— qualifications  of  voters,  legislative  power 

to  define.     7-665. 

Expulsion  of  members,  power  of  legisla- 
ture to  expel.     2-759. 

Judgments  of  courts,  legislative  power  to 
validate  or  invalidate.     2-241. 

Martial  law,  power  of  legislature  to  de- 
clare.    19140-24. 

Public  oflScers,  constitutional  limitation  as 
to  powers  with  respect  to.     1912D-334. 

— delegation  of  power  to  create  public 
oflSce,  right  of  legislature.     18-489. 


LEGISLATURE— Continued. 

— qualifications  of  public  officers,  power  of 
legislature  to  define.  19-743;  1915 A- 
343. 

— term  of  incumbent  of  public  office,  power 
of  legislature  to  extend.     13-160. 

Taxation,  direct  assessment  of  property  by 
legislature,  validity.     11-720. 

Waters  and  watercourses,  power  to  de- 
clare water  navigable.     1912D-1091. 


3.    Committees. 

Committee  to  sit  after  adjournment  of  ses- 
sion, power  of  legislature  to  appoint. 
11-649;  1916B-1147. 

Contempt,  power  of  committee  to  punish 
witness  for  contempt.  7-877;  I916B- 
1118. 

Investigating  committee,  general  powers 
and  privileges.    1916B-1055, 1070,  1110. 

Power  of  investigating  committee  ap- 
pointed at  special  session  of  legisla- 
ture.    1916B-1110. 

Witness  testifying  before  committee,  privi- 
lege from  liability  for  slander.  6-803; 
1916B-1114. 


4.    Enactment  of  Laws. 

Approval  of  bill,  right  of  executive  to  with- 
draw.    13-231). 

Curative  statutes,  limitation  on  power  of 
legislature  to  pass.     1914B-464. 

1 — power  to  enact  curative  statute  as  af- 
fected by  commencement  of  action  in 
reference  to  matter  sought  to  be  cured. 
11-694. 

Extra  or  special  sessions,  validity  of  stat- 
ute passed.     21-409;  1915C-475. 

Impeachment  of  act  of  legislature  by  refer- 
ence to  legislative  journals.  20-350; 
1918I>-253. 

Joint  resolution  as  having  force  and  effect 
of  law.     18-706. 

Journals,  judicial  notice  of  contents  on  is- 
sue as  to  enactment  of  statute.  20— 
449;   1916E-1284. 

— mode  of  entering  proposed  constitutional 
amendments.     3-756. 

— right  of  legislature  to  amend  or  correct 
journals.     21-814. 

Judicial  inquiry  as  to  policy  or  motives  of 
legislation.     1-570. 


512    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


LEGISLATTJEE — Continued. 

Liberty  of  speech  or  press,  legislative  re- 
straints.    15-8. 

Eeconsideration  of  vote  on  bill  or  resolu- 
tion, power  of  legislature.     1913B-611. 

Signature  of  presiding  officers  to  bills 
passed  by  legislature,  necessity  of.  4- 
905. 

Special  laws,  necessity  of  enactment  in 
given  case  as  within  province  of  legis- 
lature to  determine.     6-926. 

Time  for  return  of  bill  by  governor  as  com- 
puted by  exclusion  or  inclusion  of  Sun- 
day or  holiday.     1917E-943. 

Veto  by  governor  of  bills,  passage  over 
veto  as  requiring  signature  of  presid- 
ing officers.     4-906. 

LEGITIMACY. 
See  Bastardy;  Illegitimacy. 


LEas. 

Excessiveness  or  inadequacy  of  verdict 
for  injury  to  leg.  16-11;  1913A-1364; 
1916B-476. 

Exhibition  of  leg  to  jury,  right  of  plain- 
tiff in   personal   injury   case.     1913D- 

248. 

Loss  of  one  or  both  legs,  or  in  conjunction 
with  other  injuries,  what  is  excessive 
verdict.     1913A-1363. 


LENGTHY  INSTRUC- 
TIONS. 

Propriety  of  requesting  or  giving.     1918A- 
109L 


LETTER-HEADS. 

Evidentiary  effect  of  use  of  printed  letter- 
head.    1917B-271. 

Written  matter  as  controlling  printed  mat- 
ter in  construction  of  contract. 
1913E-967. 


LETTER  OF  RECOM- 
MENDATION. 

Liability  of  person  giving  letter  to  person 
suffering  loss  by  reliance  thereon. 
1916B-378. 


LETTERS. 

Anonymous  letter,  sending  as  criminal  of- 
fense.    1917C-699. 

Attorney's  lien  on  letter  or  writing  in  his 
possession  in  connection  with  litiga- 
tion.    1917D-149. 

Authenticity  of  letter  received  in  reply  to 
letter,  presumption  as  to.  11-887; 
1917D-925. 

Copyright  in  letters  after  writer's  death. 
3-1116. 

Decoy  letters  as  subject  of  embezzlement 
or  larceny  under  postal  laws.    '4-878. 

Failure  to  answer  letter  as  admission  of 
truth  of  statement.  1914B-788;  1915D- 
198. 

Husband  and  wife,  letters  between  as  ad- 
missible in  evidence  against  writer. 
9-915;  1912B-1001;  1915B-427. 

Libel,  publication  through  letter  addressed 
to  person  defamed.     1-190;  11-425. 

Mailing  of  letter,  sufficieicy  of  evidence  to 
show.     19-651;  1917E-1076.      - 

Publication  of  private  letters,  right  to  re- 
strain.    1912D-555;    1915B-105. 

Eeceipt  of  letter,  presumption  of.     1917E- 

1058,  1072;  1918E-510. 
— rebuttal   of    presumption    of   receipt    of 

letter.    4-956;  1912D-1065. 

Self-serving  letter  sent  in  general  course  of 
business,  admissibility  in  evidence. 
1917D-790. 

Threatening  letter,  what  is  within  statute 
prohibiting  sending  thereof.  1912B- 
457. 

"Witness,  competency  of  interested  witness 
to  testify  as  to  letter  passing  between 
himself  and  person  since  deceased. 
21-1216;  1916E-747. 

• — hearing  letter  read  as  rendering  witness 
competent  to  testify  to  contents. 
1916C-1182. 


LETTERS  OF  CREDIT. 

National  bank  as  guarantor  of  payment  of 
future   account,   liability.     1916D-559.'' 

What  is  letter  of  credit,     1912C-75. 

LETTERS  TESTAMENTARY. 
See  Executors  and  Administrators. 


LEVEES— LIBEL  AND  SLANDER. 


513. 


LEVEES. 

Land  acquired  for  levee  by  condemnation 
as  giving  easement  or  fee.     20-571. 

Statutes,     effect     of     partial     invalidity. 
1916D-50. 

Torts,  liability  of  levee  district.     15-908. 


LEVELING  LAND. 

Changing  level  of  land  as  waste.  1918D- 
547,  554. 

LEVY. 

,  See  Attachment;  Execution;  Taxation.  ^ 

LEWDNESS. 

See  Disorderly  Houses;  Prostitution. 

LEX  LOCI  CONTRACTUS. 

See  Conflict  of  Laws. 

LEX  LOCI  REI  SITAE. 

See  Conflict  of  Laws. 

LEX  SITUS. 

Wills  of  realty  controlled  by.     2'-59L 

LIABILITY  INSURANCE. 

Automobile  insurance  against  liability  of 
owner.     1915A-634;  1917D-61. 

Coats,  counsel  fees,  etc.,  incurred  in  de- 
fending suit,  right  of  insured  in  policy 
to  recover  where  insurer  fails  to  de- 
fend.    1913E-111. 

Defendant  other  than  master  insured 
against  liability,  admissibility  of  evi- 
dence, or  propriety  of  comment  on  fact 
of  insurance.     1914A-948. 

Estoppel  of  company  to  deny  liability  under 
contract.     1912D-909. 

Insurance  of  employer  against  liability  to 
employees  as  inuring  to  benefit  of  lat- 
ter.    19120-155. 

Jury's  right  to  consider  fact  that  empl^er 
is  insured  against  accidents  to  em- 
ploj'ces.     3-554;  9-323;  1913C-359. 

Limitation  on  time  to  bring  action,  validity 
and  construction  of  stipulation  in 
policy.     9-164. 

Notice  of  accident,  construction  and  effect 
of  condition  in  policy  requiring  in- 
sured to  give  insurer  notice.  11-258; 
1914A-271. 

Index  to  Notes — 33 


LIABILITY  OVER. 

Abutting  owner  as  liable  for  damages  paid 
by  city.     1-945;  15-1047. 


LIBEL  AND  SLANDER. 

1.  In  General. 

2.  Defajnatory  Words  and  Acts. 

A.  In  General. 

B.  Imputation  of  Crime. 

C.  Imputations  on  Professional  Per- 

sons. 

D.  Criticisms. 

E.  Disparagement  or  Property. 

3.  Publication. 

4.  Privileged  Communications. 

5.  Persons  Entitled  to  Suo. 

6.  Persons  Liable. 

7.  Parties  to  Actions. 

8.  Defenses. 

9.  Pleadings. 

10.  Evidence. 

11.  Damages. 

12.  Slander  of  Title. 

1.    In  GeneraL 

Corporation,  criminal  liability  for  libel.  5- 
551j  1916C-463. 

Cruel  and  unusual  punishment  for  criminal 
libel,  what  is.     19-730. 

Injunction  against  publication  of  or  to^ 
compel  retraction  of  libel.  1916D- 
1088;  1917D-657. 

Judgment  for  libel  or  slander  as  affected 
by  discharge  of  defendant  in  bank- 
ruptcy.    3-169;   12-1011. 

Jury  empowered  to  determine  law  and 
facts,  construction  of  constitutional  or 
statutory   provision.     1915D-1261. 

• — instructions,  effect  of  erroneous  instruc- 
tion when  jury  are  judges  of  law.  3^ 
552;    1915D-1273, 

Liberty  of  speech  and  press  as  authorizing 

libel  or  slander.     15-6;   1915B-1184. 
Limitation   of  action,    running   of    statute 

against  action.     1917C-64. 
Malicious  prosecution  of  libel  or  slander, 

excessivencss  or  inadequacy  of  verdict. 

1916C-260. 
Statute  making  slander  offense  as  violating 

constitutional    liberty    of    speech    and 

press.     1915B-1186. 


514    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


LIBBTi  AND  SLANDEB— Continued. 

Survival  of  action  for  libel  or  slander.  6- 
513. 

Venue  of  action  or  criminal  prosecution  for 
libel  or  slander.     9-382;   1915A-697. 

Witnesses,  libel  as  "crime"  for  conviction  of 
which  witness  may  be  impeached. 
1916A-277. 

2.    Defamatory  Words  and  Acts. 

A.    In  General. 

Blacklisting  person  as  delinquent  debtor, 
communication  by  one  member  of 
credit  association  to  other  members 
as  libelous.     1-474;  11-57. 

Cartoon  in  newspaper  as  libel.     1917E-190. 

Charge  that  person  was  whipped  as  libelous 
or  slanderous.     1913D-260. 

Conflict  of  laws,  presumption  of  similarity 
of  statute  law  of  another  state.  1- 
460. 

Deceased  person,  liability  for  defamation 
of.     1917E-234. 

Disease,  imputation  as  actionable.  1914 A- 
1255;   1914D-151. 

Foreign  belligerents,  charge  of  attempting 
to  supply  munitions  of  war  to  as  ac- 
tionable.    1915C-768. 

"Humbug,"  calling  person  as  libel  or  slan- 
der.    1913B-256. 

Immoral  conduct,  imputation  to  man  aa 
libel  or  slander.     1917A-1043. 

Insanity,  imputation  of  insanity  as  action-" 
able.     1918E-101. 

Insolvency,  imputation  to  business  man  as 
slander.     8-213. 

Intoxicating  liquors,  charge  of  selling  or 
buying  intoxicating  liquors  as  action- 
able per  se.     1913C-316. 

Nontrader  charged  as  owing  debt  and  re- 
fusing to  pay  as  libel  per  se.  8-844; 
1914B-712. 

Photographs,  publication  of  person's  as 
that  of  another  as  libel.  9-866;  16- 
1077. 

Statement  in  response  to  extra  judicial  as- 
sertion of  civil  liability  as  actionable. 
1916E-633. 

Title  or  headline,  significance  in  determin- 
ing whether  article  is  libelous.  13- 
375;  1914D-96. 

Unchastity,  charging  woman  with,  as  ac- 
tionable per  se.     15-1242. 


LIBEL  AND  SLANDER— Continued. 

"Unfair  list"  of  labor  union,  publication 
that  employer  has  been  placed  on,  as 
libelous,     15-677;  1918B-570, 

White  person  as  negro,  publishing  or  speak- 
ing of  whilje  person  as  negro  as  libel 
or  slander.  4-6S9;  1913B-1156;  1915C- 
927. 

Wills,  effect  of  defamatory  words.  1914C- 
889. 

Woman,  words  holding  her  up  to  ridicule 
as  actionable.     1914A-1127. 

B.    Imputation  of  Crime. 

Burning  property  or  arson,  charge  as  libel 
or  slander.     17-273. 

Charge  that  person  "took"  something. 
1912B-409. 

Cheating,  accusing  person  of  cheating  as 
actionable  per  se.     1912C-1266. 

Eobbery,  charge  of  as  libel  or  slander  per 
se.     5-855. 

C.    Imputations  on  Professional  Persons. 

Clergyman  or  other  representative  of  re- 
ligious organization,  utterance  other 
than  statement  from  pulpit  as  action- 
able.    1918C-780. 

— imputation  on  clergyman  as  libel  or  slan- 
der.    20-718. 

Lawyer,  imputation  upon  as  libel  or  slan- 
der.    1912A-376. 

Physician,  imputation  of  ignorance,  incom- 
petency, etc.,  to  physician,  dentist  or 
druggist  as  libel  or  slander.     20-482. 

Practicing  profession  in  violation  of  stat- 
ute, right  of  person  to  recover  for  libel 
or  slander  in  connection  with  such 
practice.     1912C-893. 

D.    Criticisms. 

Dramatic  criticism  as  libel  or  slander, 
1912B-985. 

Literary  criticism  as  libel.     1-330;   6-140. 

Political     criticism     as    libel     or    slander. 
V914C-985,      989,      997;      1916A-600; 
1917A-306;   1917D-694. 

E.    Disparagement  of  Property. 

Defamation  of  real  property  as  actionable 
wrong.     9-818. 

Disparagement  of  property  or  of  manufac- 
tured articles,  as  libel  or  slander.  S— 
810;    1914B-S41;    1914D-1151. 


LIBEL  AND  SLANDER. 


515 


IiIBEI.  AND  SLANDEE^Continued. 

Imputation     of     disorderly     character     to 
house  as  actionable.     1916B-755. 


3.    Publication. 

Letter  addressed  to  person  defamed  as  pub- 
lication.    1-190;  11-425; 

Procuring  publication  of  libel  in  news- 
paper, liability  for.     1913D-13. 

Publication  invited  or  procured  by  plaintiff 
as  sufficient  to  support  action.  1913A- 
620. 

Stenographer,  communication  to  stenogra- 
pher as  publication  of  libel.  1-103;  7- 
196;  1917B-987. 

4.    Privileged  Communications. 

Attorneys,  communications  between  at- 
torney and  client  as  privileged. 
1912A-479. 

— statements  made  in  judicial  proceedings 
as  privileged.     7-603;   1917E-169. 

Character  of  domestic  servant,  statement 
with  respect  to  as  privileged.  1917A- 
342. 

Charge  against  public  officer,  falsity  as  af- 
fecting privilege  against  prosecution 
for  libel.     3-649;   1916A-600. 

Clergyman's  statement  from  pulpit  as  priv- 
ileged within  law  of  slander.  1913A- 
340. 

Comment  on  matter  of  public  interest. 
1917B-409,  450;  1917D-266;  1918E- 
165,   1011. 

Complaint  against  public  officer  or  em- 
ployee to  person  or  body  having  power 
in  matter.  19-1196;  1913C-824; 
1917C-29;    1918B-977. 

Conversation  overheard  by  third  person  as 
affecting  privileged  character.  1917E- 
699. 

Creditors,  communications  by  or  between 
creditors    as  privileged.     1915B-132. 

Crimes,  communication  to  peace  or  prose- 
cuting officer  concerning  commission 
of  crime  as  privileged.     7-113,  531. 

Dictation  to  stenographer  as  affecting  char- 
acter of  communication  naturally 
privileged.     7-196. 

Fiduciary,  statement  with  respect  to  sub- 
ject matter  of  trust  as  privileged. 
1917B-227. 

Grand  jury  report  as  privileged.  1918E- 
1196. 


IiIBEIi  AND  SLAmOER— Continued. 

Insurance  company  and  agent,  communica- 
tion   between,    as   privileged.     1913C- 
/         616. 

Investigating  committee,  privilege  attend- 
ing publication  of  report  of  proceed- 
ings.    1916B-1065. 

Judges,  utterances  as  privileged  against 
prosecution.     4-433. 

Malice,  burden  of  proving  where  com- 
munication is  privileged.  7-844; 
1913C^1072. 

Mercantile  agency  report  as  privileged 
within  law.  12-149;  1916D-764; 
1916E-547. 

Petition  for  legislative  or  executive  action. 
1918A-462'. 

Pleadings  before  they  come  before  court, 
publication  as  privileged.  11-162;  15- 
618;  1915A-129. 

— charging  commission  of  acts  in  foreign 
jurisdiction  in  pleading  as  privileged. 
1-198. 

— statements  by  party  in  civil  action  as 
privileged  within  law.  12-1025; 
1913D-444. 

Privileged  occasion  and  privileged  com- 
munication, distinction  between.  7- 
846. 

Public  officers,  communication  regarding 
public  officer  made  to  person  not  hav- 
ing authority  in  matter  as  privileged. 
14-106. 

•^complaint  against  officer  to  person  or 
body  having  power  in  matter  as  privi- 
leged. 19-1196;  1913C-824;  1917C- 
29;    1918B-977. 

Question  of  law  or  fact,  privileged  com- 
munications as.     10-1152. 

- — malice,  existence  as  question  of  fact. 
10-1154. 

Relatives,  communication  to  relative  or 
member  of  family  as  within  rule  of 
privilege.     1917E-895. 

Eeport  of  judicial  proceedings,  what  pro- 
ceedings are  within  rule  of  privilege. 
1915  A-36;  1918C-1196. 

Stockholders  in  corporation,  communica- 
tions by  or  between  as  privileged.  10- 
272. 

Unincorporated  association  reporting  to 
member  on  commercial  standing  and 
credit  of  trader.     1915B-312. 


516     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


LIBCL  AND  SLANDEE^Continued. 

Witnesses,  court  proceedings,  testimony  as 
privileged  within  law.  15-773 ;  1918 A- 
822. 

— legislative  committee,  testimony  of  wit- 
ness as  privileged.  6-803;  1916B- 
1114. 

— privilege  as  to  utterances  made  before  or 
after  testifying.     3-127. 

5.    Persons  Entitled  to  Sue. 

Class  defamation,  right  of  one  of  class  to 
sue  for  libel  or  slander  of  class.  8- 
135;  14-329;  1915C-352. 

Corporations,  right  to  sue  for  libel  or  slan- 
der.    5-550. 

Identity  of  name  as  giving  right  of  action 
where  publication  was  not  intended  to 
refer  to  plaintiff.     16-168. 

6.    Persons  Liable. 

Beneficial  association,  liability  for  defama- 
tion by  agent.     1918D-484. 

Corporations,  liability  for  libel  or  slander. 
9-443;  17-622;  1917D-967. 

Editor  or  manager  of  newspaper  or  periodi- 
cal, liability  for  libel  published 
therein.     7-457. 

Executor  or  administrator,  personal  liabil- 
ity to  third  person  for  libel.     21-357. 
Joint  liability  for  slander.     3-312. 

Joint    libelants    as    joint    trespassers.     1- 

875. 

Master  or  principal,  liability  for  libel  or 
slander  by  servant  or  agent.     21-343. 

Partnership,  liab^ity  for.     21-484, 

Eepublication  or  repetition  of  libel  or 
slander  by  others,  liability  of  author. 
1916E-908. 

School  board,  liability  of  school  board  or 
superior  officer  for  libel  or  slander  of 
teacher.     1913E-19o. 

Separate  actions  for  separate  statements  of 
same  libel  or  slander  by  same  person, 
right  to  maintain.     1917A-250. 

Telegraph  company,  libelous  message, 
liability  for  receiving  and  transmit- 
ting.    9-697;  1913A-538. 

7.    Parties  to  Actions. 

Intervention  in  action  for  libel  or  slander, 
right  of.     1913B-640. 


LIBEIj  ANT>  SLANDEB^Con  tinned. 

Joinder    of  defendants  in  action  for  libel. 
1912A-215. 


8.    Defenses. 

Counterclaim  for  libel  or  slander  in  action 
for  libel  or  slander.     3-487. 

Insanity  as  defense  in  action  for  libel  or 
slander.     4-573. 

Intoxication-  as  justification  or  mitigation 
for  slander.     1916E-564. 

Justification,  broad  as  charge,  necessity 
that  it  be.     1918C-1088,  1122,  1126. 

— precise  charge,  necessity  that  justifica- 
tion be  addressed  to.  3-528;  19180- 
1131. 

Mistake  in  naming  or  describing  plaintiff 
as  defense.     1914D-536. 

Previous  libel  or  slander  of  defendant  by 
plaintiff  as  defense  to  action.     18-72. 

Truth  alone  as  complete  defense  in  civil 
action  for  libel.  17-761;  1918C-335, 
1088. 

— criminal  prosecution,  truth  as  defense. 
21-832;  1916A-429. 


9.  Pleadings. 

Averments  of  publication  and  of  time  and 
place,  sufiiciency  of  complaint  in  ac- 
tion for  slander.     1918B-504. 

Bill  of  particulars,  right  to  in  action. 
19150-1266. 

Connecting  plaintiff  with  defamatory  mat- 
ter, sufficiency  of  complaint  in  respect 
to  allegations.     13-380. 

Exact  language  of  defamatory  statement, 
necessity  that  complaint  should  set 
out.     9-495. 

Foreign  language,  pleading  of  libel  or 
slander.     6-731. 

Inconsistent  defenses  in  action  for  libel 
or   slander.     19170-737. 

Justification,  necessity  for  pleading  spe- 
cially.    1913E-704. 

Mitigation  of  damages,  necessity  of  plead- 
ing matters  specially.  10-219;  1914D- 
897. 

10.  Evidence. 

Bad  character  of  plaintiff,  nature  of  evi- 
dence admissible  to  prove  in  civil  ac- 
tion  for    slander    or   libel.     19-986. 


LIBERTY  OF  SPEECH  AND  PRESS— LICENSEES  AND  INVITEES.    517 


LIBEL  AND  SLANDER— Continued. 

Domestic  relations  of  plaintiff,  social 
standing  and  pecuniary  condition,  ad- 
missibility in  evidence.    6-76S. 

Feelings  of  defendant  for  plaintiff  or  lat- 
ter's  feelings  toward  him,  admissibil- 
ity of  testimony  by  defendant.  1&- 
748. 

Financial  circumstances  of  defendant,  ad- 
missibility   of   evidence.     1915B-1158. 

Foreign  language,  proof  of  libel  or  slan- 
der in.     6-731. 

Identity  of  person  defamed,  admissibility 
of  testimony  of  readers  or  hearers  of 
libel  or  slander  as  to  their  under- 
standing.    1917C-36. 

Opinion  of  witness  as  to  tneaning  or  ef- 
fect of  words  used,  admissibility. 
18-833. 

Power  of  court  to  pass  on  admissibility 
of  evidence  where  jury  have  power  to 
determine  law  and  facts.  1915D- 
1268. 

Provocation,  admissibility  of  evidence  in 
mitigation   of  damages.     4-'923. 

Quantum  of  proof  required  to  establish 
justification   in    civil    action.     7-1158. 

Eecord  of  court  or  other  tribunal  as  ad- 
missible on  issue  of  truth  of  charge  in. 
action  for  libel  or  slander.  1915D- 
890. 

Repetition  of  slander  or  libel  after  com- 
mencement of  action,  admissibility  on 
question  of  malice.     12-103. 

Retraction,  admissibility  of  evidence  in 
reduction  of  damages.     15-84. 

Truth  of  charge,  evidence  admissible  on 
issue.     1915D-S90,  S06,  907. 


11.    Damages. 

Counsel  fees,  recovery  as  damages.  IG- 
514. 

Excessiveness  of  verdict,  what  is.  1913B- 
700;   1916D-1175. 

Exemplary  damages,  functions  of  court 
and  jury  in  allowance.     14-823. 

Failure  to  establish  defense  of  justifica- 
tion as  matter  to  be  considered  in 
estimating    damages.     1914D-1059. 

Lawyer,  damages  for  libel  or  slander  of 
lawyer.     1912A-381. 


LIBEL  AND  SLANDEE^Continued. 

Loss  of  election  or  appointment  to  office 
as  element  of  damages.     1918B-1129. 

Mental  or  physical  suffering,  right  to  re- 
cover damages  for.     1914C-291. 

12.    Slander  of  Title. 

Burden  of  proof  in  action  for  slander  of 
title   of   realty.     1913C-1362, 

Damages  recoverable  for  slander  of  title. 
21-221. 

Malice^  as  essential  element  of  cause  of 
action.     1916D-317. 

Patents,  jurisdiction  of  state  court  of 
proceeding  involving  slander  of  title. 
1916B-806. 

Who  may  sue  for  slander  of  title  to 
realty.    1913C-1360. 


LIBERTY  OF  SPEECH  AND 
PRESS. 

Constitutional    grant.     15-3;    1915B-1183; 
1918B-941. 


LIBRARIES. 

Condemnation   of  land  for  public  library. 
1918E-122. 

Municipal    power    to    take    property    as 
trustee   for  library.     17-748. 


LICENSEES  AND  IN- 
VITEES. 

Condition  of  premises,  duty  of  land  owner 
to  licensee  with  respect  to  changing. 
1915D-326.  / 

Dangerous  machinery  injuring  infant  li- 
censee or  invitee,  liability  of  owner 
of    premises.     1913A-115. 

Distinction  between  licensee  and  invitee. 
1913C-570. 

Duty  of  owner  of  premises  to  licensee. 
1-209. 

Elevators,  injury  to  licensee  using  ele- 
vator as  affecting  liability  of  propri- 
etor.    1912D-532. 

Excavation,  liability  of  owner  of  land  to 
adult  licensee  who  falls  therein. 
1913C-750. 


518     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918B. 


LICENSEES  AND  INVITEES— Continued. 

Firea,  liability  of  licensee  in  possession 
of  property  for  damage  by  fire. 
1918D-378. 

Improvements  by  licersee  as  subjecting 
realty  to  mechanic's  lien.  11-1088; 
19^736. 

InTitee   temporarily   following   purpose   of 
his  own,  duty  of  owner  of  premises. 
^         17-591. 

liOading  or  unloading  cars,  persons  as  not 
bare  licensees.     1-601;  12-119. 

Parol  contract  for  sale  of  growing  trees 
as   revocable   license.     9-193 j    18-971. 

Person  going  upon  premises  for  purpose 
of  selling  things  to  occupant,  liability 
of   owner.     19-425. 

Prospective  tenant  or  purchaser,  member 
of  his  family,  visiting  premises  for 
purpose  of  inspection,  liability  of 
owner.     1916A-988, 

Public  officer  who  goes  on  train  or  prem- 
ises in  discharge  of  official  duties,  lia- 
bility of  carrier  or  owner  of  prem- 
ises.    9-1123;    21-499;    1914B-51S. 

Railroads,  bridges  and  trestles,  liability 
of  railroad  for  injury  to  licensee. 
1914D-1213. 

— fire  injuring  licensee's  property  on  right 
of  way,  liability  of  railroad.  191oA- 
499. 

— implied  license  to  use  railroad  right  of 
way    to   travel   upon.     2-549;    20-141. 

— running  train  on  wrong  or  unusual 
track,  liability  of  railroad  to  licensee 
injured  thereby.     1917A-937. 

Eevocability  of  executed  license  on  faith 
of  which  licensee  has  incurred  ex- 
pense. 2-787;  7-706;  13-843;  1913A- 
74;   1914C-920. 

Search  of  employment,  liability  of  owner 
of  premises  to  person  injured  thereon 
whUe  so  engaged.     1914C-280. 

Stores,  liability  of  proprietor  for  injuries 
sustained  by  licensee  falling  into 
opening  on  premises.     1913C-569. 

"Wharves,  docks,  or  piers,  right  of  licensee 
to  recover  damages  for  injuries  sus- 
tained on  defective  wharf.  1916C- 
149. 


LICENSES. 

1.  In  General. 

2.  Particular  Cases. 

3.  Failure  to  Procure  License. 

See   Intoxicating   Liquor8i,< 

1.    In  General. 

Aliens,  effect  of  license  on  right  of  alien 
enemy   to   sue.     1918C-720. 

—certain  occupation  confined  to  citizens 
df  United  States,  validity  of  li- 
censing statute  or  ordinance.     11-516. 

"Assigns"  as  including  licensee.  1913B- 
738. 

Burden  of  propf  as  to  whether  person  is 
duly  licensed  to  practice  profession 
or  do  business  other  than  sale  of 
liquor.     1915B-416. 

Citizens  of  United  States,  validity  of  stat- 
ute or  ordinance  confining  license  to 
engage  in  certain  occupation  to  that 
class  of  persons.     11-516. 

Classification  of  municipalities  according 
to  population  for  license  tax  purposes. 

15-860. 

Corporations,  right  to  practice  profession 
or  trade  for  which  license  required. 
12-674;    19-882. 

Exemption  of  veterans  from  license  taxes, 
validity  of  statutes.  9-1005;  1915C- 
705. 

Fees  paid,  recovery  back  when  license 
fails  without  fault  of  licensee.  17- 
187. 

Franchise  and  license  granted  to  corpora- 
tion, distinction  between.     1916B-210. 

Inspection  fee  levied  under  police  power 
as    occupation    tax.     1913C-593. 

Interstate  commerce,  state  taxation  of 
business  or  occupation  as"  attempted 
regulation.  2-701;  14-865;  1916B- 
496. 

Mandamus  to  control  action  of  board  in 
matter  of  granting  professional.  16- 
183. 

Municipal  corporations,  power  to  impose 
license  fees.     2-313. 

Omission  of  occupation  from  enumeration 
of  taxable  occupations  in  constitution 
as  affecting  power  to  tax.     19-270. 


i 


LICENSES. 


519 


LICENSES — Continued. 

"Person,"  as  including  private  corpora- 
tion.    20-741,    745;    1914A-1309. 

Prohibited  business,  right  to  collect  li- 
cense   tax    from    person    engaged    in. 

15-1068. 

Qualifications  of  licensees,  conferring  on 
administrative  boards  authority  to  de- 
termine as  delegation  of  legislative 
power.     2-427. 

Statute  imposing  license  tax,  effect  of 
partial    invalidity.     1916D-89. 

— relating  to  licenses,  effect  of  partial  in- 
validity.    1916D-56. 

Tax  or  fee  due  but  not  paid,  effect  of 
repeal  of  statute  imposing.  1913E- 
471. 

Uniformity,  power  to  tax  occupations  as 
affected  by  constitutional  requirement 
that  taxes  be  uniform.  2-325;  15- 
986. 

2.     Particular  Cases. 

Architects,  license  regulations.  1914B- 
1224. 

Attorneys,  validity  of  tax  on  occupation. 
1912A-599. 

Auctioneers,  validity  of  tax  or  fee  im- 
posed.    1915B-S15. 

Automobiles,  interstate  commerce  as  af- 
fected by  law  imposing  license  fee  on 
automobiles  using  highways  of  state. 
1912D-239. 

— license  number  on  motor  vehicle  as  evi- 
dence of  ownership.  1916D-1163; 
1918E-737. 

— state  statute  licensing  automobiles  as 
precluding  imposition  of  municipal 
tax  or  license  fee.     1914D-483. 

Barbers,  statutory  regulation.  15-260; 
1913D-396. 

Billiard  and  pool  tables,  power  to  license. 
11-66;    1913D-1054. 

Boilers  or  steam  machinery,  license  to 
operate.     1915D-847. 

Breeding  animals,  licensing  of  animals 
kept  for  purpose.     1916A-566. 

Commission  .merchants,  validity  of  state 
or    municipal    regulation.     1917B-631. 

Dance-halls,  licensing  public  halls.  1915C- 
1110. 

Detectives,  validity  of  statute  licensing 
private  detectives.     1917A-584. 


LICENSES— Continued. 

Dogs,  validity  of  ordinance  imposing  tax 
on  privilege  of  keeping  dog.     1912D- 

879. 

Druggists  and  pharmacists,  statutes  re- 
quiring   license,    validity.     10-400. 

Employment  and  emigrant  agencies,  tax- 
ation by  license  fees,  validity.  5- 
326. 

Foreign  corporations,  imposition  of  license 
tax  or  fee.  3-632;  1913C-812; 
1916C-1248;    191SC-620. 

Gaming,  imposition  of  tax  as  legalizing. 
4-575. 

Hawkers  and  peddlers,  validity  of  tax  or 
fee  as  regards  uniformity.  1918E- 
109. 

— what  is  reasonable  tax  or  fee  imposed 
on  peddler  or   hawker,     1914D-938. 

—who  is  hawker  or  peddler  within  li- 
censing statute  or  ordinance.  1912D- 
1289. 

Horseshoers,  license  regulations.     1-930. 

Hotels,  lodging  or  rooming  houses  or  the 
like,  validity  of  statute  or  ordinance 
licensing.     1916C-290. 

— refusal  to  renew  on  ground  of  violation 
of  Civil  Eights  Act.     9-74. 

Hunting  license,  validity  of  statute  re- 
quiring license  to  hunt  game.  1916C- 
134. 

Insurance  agent  or  broker,  validity  of 
statute   licensing.     1914B-266. 

Itinerant  physicians  or  venders  of  drugs. 
1913D-1242;   1917A-1093. 

Junk  dealers,  validity  of  statutes.  16- 
722;    1914B-75;   1918E-198. 

Laundries,  validity  of  license  fee  regula- 
tions.    21-97S. 

Loaning  money  on  chattel  security,  occu- 
pation tax,  validity  of  statute  impos- 
ing.    1914B-1197. 

Markets  or  market  stalls  and  stands  in 
public  street,  power  of  municipality 
to    establish     or    license.     1914D-352. 

Marriage,  validity  when  without  license 
required    by    statute.     7-784;    14-953. 

Meat  dealers,  validity  of  statute  requir- 
ing license.     1918D-533. 

Milk  sales,  validity  of  ordinance  impos- 
ing license.     4r-120. 


520    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


LICENSES— Continued. 

Moving-picture  shows,  power  to  license. 
1913E-1306;    1916C-303. 

Nonintoxicating  liquors,  tax  on  business 
of  selling,  validity  of  statute  or  ordi- 
nance imposing.     1914C-841. 

Orders  for  foreign  goods  or  services,  state 
taxation  of  business  of  taking  orders 
as  attempted  regulation  of  interstate 
commerce.     2-701;  14-865;  1916B-496. 

Osteopatbists,  necessity  of  license  to  prac- 
tice.    1-51. 

Owner  of  premises  extracting  mineral  or 
turpentine  therefrom  or  cutting  tim- 
ber thereon,  validity  of  license  tax. 
1918A-678. 

Pharmacists  and  druggists,  license  regula- 
tions for  sale  of  poison.     20-496. 

Physicians  and  dentists,  requiring  licenses 
taken  out  as  impairment  of  vested 
rights  of  previous  practitioners,  con- 
stitutionality of  statute.  5-1005;  19- 
833;    1914B-399. 

—revocation  of  license,  validity  and  effect 
of  statute  authorizing.  7-752;  1912 A- 
634;   1915D-1194. 

Pipe-laying  in  streets,  power  of  munici- 
pality to  impose  fees  for.     10-1103. 

Plumbers,  validity  and  interpretation  of 
statutes  imposing  tax.  7-5S0;  18- 
181;   1913EM081. 

Speaking  or  publishing,  tax  upon  as  re- 
straint upon  liberty  of  speech  or 
press.    15-10. 

Stationary  engineers,  validity  and  con- 
struction of  statute  or  ordinance  li- 
censing    or     regulating.     1915A-1017. 

Teachers,  right  to  appeal  to  courts  to  in- 
terfere  with   revocation.     14-298. 

Transient  merchants,  state  or  municipal 
regulation.     1917E-505. 

Vehicles  using  streets  for  carrying  per- 
sons or  property  for  hire,  power  of 
municipality  to  impose  license  tax. 
5-908;    14-545.  ' 


3.    Failure    to    Procure    License. 

Attorneys,  practicing  law  without  license 
as  contempt  of   court.     1917B-1200. 

Automobiles,  failure  to  comply  with  stat- 
utory regulations  as  affecting  rights 
and  liabilities  of  owner  or  driver. 
18-242;    1914A-128;    1918D-S47. 


LICENSES— Continued. 

Brokers,  failure  to  procure  license  as  af- 
fecting right  to  recover  commissions. 
5-897;    1912D-378. 

Indictment  for  violation  of  license  stat- 
ute, right  to  join  two  or  more  de- 
fendants.    1918A-571. 

Personal  liability  of  agent  conducting 
other  than  liquor  business  without  li- 
cense required  by  statute.  1913B- 
860. 

Practicing  profession  in  violation  of  stat- 
ute, right  of  person  to  recover  for 
libel  or  slander  of  him  in  connection 
with  such  practice.     1912C-S93. 

Eight  of  person  entitled  to  license  or  evi- 
dence thereof  to  do  act  for  which 
license  is  required.     1917B-145. 

Stock  broker,  failure  to  procure  license 
as  affecting  right  to  recover  ad- 
vances.    1915B-921. 


LIENS. 

1.  In  General. 

2.  Persons  Entitled  to  Lien. 

3.  Priorities. 

See    Judgments;     Mortgages;     Taxation; 
Vendor  and  Purchaser. 

1.    In  General. 

Alimony  decree  as  lien  on  realty.  9-90; 
18-565;  1914D-888. 

Assignability  of  lien  for  repairs.  1916A- 
619. 

Attachment,  divestiture  of  lien  by  subse- 
quent occupation  of  land  for  home- 
stead   purposes.     1913B-1149. 

Automobiles,  lien  for  repairs  or  storage. 
1916A-630. 

Building  contract,  stipulation  against 
lien,  effect  as  to  subcontractor.  14— 
144. 

Chattel     mortgages,     independent     action 

on    debt     secured    as    affecting    lien. 

1912A-828. 
— removal     of     property     from     place     of 

record,  effect  on  lien.     12-947. 
— tender   of   debt   after   default,   effect   on 

lien.     15-495;    1914C-276. 
— waiver   of  lien   by   attachment.     4-487; 

17-957. 


LIENS. 


521 


I 


UENS— Continued. 

Confusion  of  goods  subject  to  Hen,  tor- 
tious or  wrongful  confusion.  1913E- 
66S. 

Corporations,  by-law  creating  lien  on. 
stockj    validity.     19-704. 

— foreclosure  in  equity  of  lien  on  stock 
in  favor  of  corporation.     1912A-53. 

— provision  in  charter,  statute  or  by-law 
creating  lien  in  favor  of  corporation, 
validity  and  effect.  3-188;  1918D- 
369. 

Dower,  interest  as  subject  to  implied 
vendor's  lien.     21-952. 

Executions,  territorial  extent  of  lien. 
1913E-198. 

Exempt  property,  statute  forbidding 
creation,  as  preventing  transfer  of 
exempt  property  in  payment  of  debt. 
1912A-671. 

Garnishment,  lien  as  affected  by  bank- 
ruptcy of  principal  debtor.     18-382. 

Horseshoer's  lien,  assignability.  1916A- 
619. 

Improvement  of  land,  payment  of  money 
for   purpose   as   creating  lien.     9-249. 

Inconsistent  defenses  in  action  growing 
out  of  lien  on  realty.     1917C-736. 

Landlord's  lien  as  divested  by  bank- 
ruptcy or  insolvency  of  tenant.  15- 
386. 

Lienor  as  purchaser  pendente  lite.  191SC- 
62. 

Owelty  allowance  in  partition  as  lien  on 
land.     1914A-654,   656. 

Pledge,  loss  of  lien  by  temporary  return 
of  chattel  to  owner.     1912B-1004. 

Eeceivers,   lien    of  certificates.     19130-53. 

Eeplevin,  right  to  show  lien  under  general 
denial.     20-299. 

Specific  performance,  existence  of  lien  as 
defense  to  action.     1913A-717. 

Waiver  of  mechanic's  lien  by  extension  of 
credit.     20-522. 

Waste  by  owner  of  realty,  lienor's  right 
to  restrain.     13-89. 


2.    Persons   Entitled   to   Lien. 

Animals,      lien      fox      breeding      service. 
1916A-580. 


LIENS — Continued. 

Attorneys,  client  as  trustee,  effect  on  at- 
torne>''s   right   of  lien.     12-778. 

— constitutionality  of  statute  giving  at- 
torney lien  on  cause  of  action.  8- 
709;    1913C-69. 

— forfeiture  of  lien  by  voluntary  with- 
drawal from  case.  1913E-540;  1917D- 
147. 

— judgment,  extent  of  attorney's  lien  on 
judgment.     1916E-387. 

— land  which  is  subject  matter  of  liti- 
gation, lien  for  attorney's  fees.  9- 
625. 

— papers  in  attorney's  possession  con- 
nected with  litigation,  lien  on. 
1917D-147. 

— tort  action,  lien  of  attorney  as  extend- 
ing to.     1917D-917. 

Banks,  deposit  as  subject  to  lien  for  debt 

due  bank  from  depositor.     2-206;  19- 

487. 
— depositor's    debt    not    yet    due,    lien    of 

bank   on    deposit.     1915A-68S. 
— insolvent    bank's    lien    on    deposit    for 

debt  of  depositor  not  yet  due.    1917C- 

1205. 
— national   bank,   right   to   lien   on   stock. 

7-287. 

Boarding-house  or  lodging-house  keeper, 
lien  OH  effects  of  boarder,  lodger  or 
guest.     1914r)-837. 

Carriers,  demurrage  charges,  lien  of  rail- 
road  company.     4-15. 

— deviation  of  route  as  affecting  right  to 
lien.     15-79. 

^-extinguishment  of  lien  for  freight  by 
delay  in  delivery  or  injury  to  goods. 
9-794. 

— goods  tortiously  delivered  to  carrier, 
lien  for  charges.     3-1095. 

— waiver  of  lien  by  delivery  to  con- 
signor's agent  on  promise  to  retain 
goods  until  payment  of  freight 
charges.     7-961. 

Factors,   lien   for   commissions   as   d*^pend- 

ent  on  possession.     3-644. 
Farm  laborer,  right  to  lien  on  crops.     20- 

356. 

Husband  and  wife,  right  of  one  spouse  to 
lien  for  improvements  made  on  lands 
of  other.     14-1178;  1912A-1194. 

Innkeepers,  lien  on  property  of  third  per- 
sons in  possession  of  guests.  3-626; 
12-404. 


522    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


LIENS — Continued. 

Joint   adventurer's   lien.     17-1023. 

Laborers,  subrogation  to  laborer's  lien  by 
person  advancing  money  to  pay 
wages.     10-211, 

— who  is  "laborer"  within  statute.  1913B- 
138. 

Loggers,  by  whom  and  for  what  labor  or 
service  lien  may  be  claimed.  1916C— 
198. 

Lost  property,  right  of  finder  to  lien  for 
reward  offered.     1913B-1277. 

Ships  and  shipping,  construction  of  vessel, 

lien  for.     1915D-47,  54. 
— demurrage    lien    of    carrier    by    water, 

right  in  absence   of  contract.     5-38S. 

Stock  broker,  lien  on  stock  procured  by 
him  for  customer.  21-743;  1915B- 
923. 

Storage  of  goods,  right  to  lien  in  absence 
of  agreement  or  statute  authorizing 
lien  for  private  storage.     1913r)-1300. 

Tenant  in  common,  lien  on  property  for 
rents  and  profits  received  by  coten- 
ant.     16-94. 

Threshers'  liens,  constitutionality  of  stat- 
utes.    11-1003. 

- — ^laborer  on  threshing-machine,  right  to 
lien.     11-1007. 

Wharfage  charges,  right  to  lien  against 
vessels  or  goods.     13-390. 

3.    Priorities. 

Attachment  lien  not  perfected  by  judg- 
ment during  husband's  lifetime  as 
prior  to  widow's  share  in  estate. 
1913A-343. 

Computation  of  fractions  of  day  in  de- 
termining priority  between  liens. 
1914C-97. 

Judgments,  issuance  of  execution  as  giving 
priority  to  one  of  several  equal  judg- 
ments.    1917D-187. 

Livery-stable  keeper  and  chattel  mort- 
gagee, priority  of  lien  as  between. 
11-1043;    1914B-316. 

Purchase-money  mortgage  and  other  liens, 
priority  between.     1916C-946. 

Special  assessment,  priority  over  earlier 
incumbrance.     1913C-1210. 

Tax  lien,  validity  and  construction  of  stat- 
ute giving  priority.  1913B-520; 
1917A-1079. 


LIENS — Continued. 

Vendor  or  purchaser,  implied  vendor's  lien 
and  judgment  against  purchaser,  prior- 
ity between.     1916D-384. 

Wages,  statutory  lien  for  wages  of  em- 
ployee, priority  over  mortgage.  10- 
394. 

— validity  of  statute  giving  employee  lien 
for  wages  superior  to  lien  of  prior 
mortgage.    4-1027. 

LIFE-BOATS. 

Charitable  gift  for  purchase  as  valid. 
1914A-1219. 


LIFE  ESTATES. 

1.  Creation. 

2.  Incidents. 

1.  Creation. 

Creation  in  agricultural  lands  as  affected 
by  constitutional  prohibition  against 
long  leases,     15-346. 

Devise  over  after  life  estate  with  power 
of  disposition,  validity  and  effect,  7- 
953. 

— ^in  case  of  marriage  of  devisee  as  con- 
veying determinable  lit'6  estate. 
1915B-1238. 

Exception  and  reservation  of  life  estate 
in  deed,  distinction  between.     18-801. 

Grant  or  devise  of  life  estate  with  absolute 
power  of  disposition,  estate  created. 
9-947;  1912B-424;  1916B-575;  1916D- 
400. 

2.  Incidents. 

Bequest  of  money  for  life,  right  of  life 
tenant  to  possession  of  principal  sum. 
6-787. 

Commutation  of  value  of  life  estate  and 
payment  to  life  tenant  in  gross  instead 
of  by  way  of  interest.     1912D-42, 

Conversion  by  life  tenant,  running  of  stat- 
ute of  limitations  against  action  by 
remainderman.     16-540. 

Conveyance  of  life  estate,  validity. 
1917A-579. 

Crops,  right  to  growing  crops  on  death  of 
life  tenant.     14-38. 

Curtesy,  right  in  lands  subject  to  life 
estate.     6-93. 


LIFE  EXPECTANCY— LIFE  INSURANCE. 


523 


UFE  ESTATES— Continued. 

Depreciation  of  securities  caused  by  wear- 
ing away  of  purchase  premium  as 
chargeable  to  life  tenant  or  remain- 
derman.    10-515. 

Ejectment,  joinder  of  life  tenant  and  re- 
mainderman   in    action.     1912C-241. 

Execution  sale,  right  of  life  tenant  to 
enjoin.     1918C-267. 

Fixtures,  right  as  between  life  tenant  and 
remainderman.     2-405. 

Freeholder,  life  tenant  as.     1913D-328. 

Improvements,  right  of  life  tenant  to  com- 
pensation. 3-689;  1913A-489;  1917B- 
944. 

Increase  of  value  of  property  held  under 
life  tenancy,  who  is  entitled  to. 
1916B-128. 

Incumbrance  on  fee,  payment  by  life  ten- 
anf,  right  to  reimbursement  from  re- 
mainderman or  reversioner.     8-725. 

Inheritance  tax,  apportionment  between 
life  tenant  and  remainderman.  20- 
1360. 

—method  of  determining  value  of  bene- 
ficiary's interest  under  inheritance  tax 
act.     1914D-77. 

Injury  to  estate  and  to  inheritance,  right 
of  life  tenant  to  recover  damages. 
1916C-881. 

— stranger's  injury  to  realty,  right  of  ac- 
tion of  remainderman.     6-145. 

Leases,  renewal  by  tenant  for  life  as 
raising  implied  trust.     7-298. 

Mechanic's  lien  on  realty  for  improve- 
ments  made  by  life   tenant.     19-735. 

Merger  of  estates  where  life  tenant  is  also 
trustee  of  property.     1917A-1221. 

Mines  and  minerals,  mining  lease,  respec- 
tive rights  of  life  tenant  and  remain- 
derman to  proceeds.     1915A-518. 

• — removal  of  minerals  from  soil,  right  of 
life   tenant.     8-1121;    1913E-839. 

Mortgages,  right  of  tenant  for  life  on  pay- 
ment of  indebtedness  to  have  assign- 
ment of  mortgage,     1914B-567. 

Partition  by  tenant  in  common,  right  of. 

11-1040. 

Perpetuities,  effect  upon  prior  life  estate. 
5-434. 

Sale  by  life  tenant,  application  of  pur- 
chase money,  duty  of  purchaser  from 
life  tenant  to  see  to.     4-371. 


LIFE  ESTATES— Continued. 

— estoppel  of  remainderman  to  repudiate 
sale.     1915A-1001. 

Special  assessment,  liability  to  pay  as  be- 
tween life  tenant  and  remainderman. 
1914B-817. 

Stock  dividends,  right  as  between  life  ten- 
ant and  remainderman.  12-650; 
1912B-1218;   1915A-311;  1918E-629. 

Taxation,  liability  of  life  tenant.  1917B- 
944. 

— tax  title,  right  of  remainderman  to  ac- 
quire on  life  tenant's  failure  to  pay 
tax.     1916D-326. 

Waste,  when  tenant  for  life  has  estate 
unimpeachable  for  waste.     1914D-669. 


LIFE  EXPECTANCY. 

Expectancy  of  life,  competency  of  expert 
testimony.     10-621;  21-329. 

— evidence  of  habits  or  physical  condition 
of  deceased  as  admissible.    1916E-654. 

Mortality  tables  as  evidence  of  probable 
duration  of  life.     12-425. 


LIFE  INSURANCE. 

1.  Nature  and  Formation  of  (Contract. 

2.  Insiirable  Interest. 

3.  Warranties,   Representations    and   Ooa- 

ditions. 

4.  Premiums. 

5.  Incontestable  Clause. 

6.  Assignment,  Transfer  or  Gift. 

7.  Mode  of  Death. 

8.  Beneficiaries. 

9.  Actions. 

See  Beneficial  Associations;  Insurance. 

1.    Nature  and  Formation  of  Contract. 

Application,  right  of  withdrawal.     1916A- 
959. 

Binding  slip  or  receipt,  effect  as  contract. 
1915B-657. 

Endowment    insurance,    validity    of    con- 
tract.    1915C-948. 

Indemnity,    policy    as    mere    contract    of. 
1913i)-610. 


524    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


LIFE  INSUEANCE— Continued. 

Issnance  of  policy,  when  policy  of  life  in- 
surance is  "issued."     1914B-906. 

Paid-up  policy,  effect  of  failure  to  sur- 
render policy  within  stipulated  time 
after  default  upon  right  to  paid-up 
policy.     10-470;   1915C-507. 

Security,  life  insurance  policy  as.  1914D- 
624. 

Tontine   policy,   relation   between   insured 
and    insurer    as    fiduciary    in    nature. 
.  1915B-638. 


2.    Insurable  Interest. 

Beneficiary  having-  no  insurable  interest 
in  life  of  insured,  right  to  keep  con- 
tract alive  for  his  own  benefit. 
1917A-1085. 

— selection  by  insured  of  beneficiary  with- 
out insura;ble  interest  as  against 
public  policy.     15-235;    1916C-587. 

Brother  or  sister,  insurable  interest  in  life 
of  other.     1914C-284. 

Corporations,  right  to  insure  lives  of 
officers.     16-295. 

"More  than  pecuniary  interest"  in  life  of 
insured,  meaning  of  requirement  in 
policy  that  beneficiary  have.  1914 D- 
1123. 

Paramour  or  putative  wife  of  insured,  va- 
lidity of  poliev  in  favor  of.  1915B- 
542. 

Partnership,  insurable  interest  of  partner 
or  partnership  in  life  of  member  of 
firm.     1912A-300. 

Pleading  insurable  interest,  necessity  in 
action  on  policy.     3-538. 

Putative  wife  as  possessed  of  insurable 
interest.     1913A-243;  1917C-274. 

Relationship  by  affinity  as  supporting  in- 
surable   interest    in    life.     1917C-158. 

3.    Warranties,  Bepresentations  and  Con- 
ditions. 

Admissions  or  declarations  of  insured,  ad- 
missibility in  evidence  to  contradict 
statements  in  application  for  insur- 
ance.    7-647;  11-263. 

Application,  statutes  requiring  copy  at- 
tached or  delivered  with  policy.  14- 
1096. 

Consultation  with,  or  attendance  bv,  phy- 
sician, what  constitutes  within  mean- 


LITE  INSUEANCE— Continued. 

ing  of  application  for  insurance.     17- 
1203;  1913B-7o2. 

Election  to  rescind  policy  on  ground  of 
breach  of  warranty  or  false  statement 
in  application,  necessity  that  company 
return  or  offer  to  return  premiums  re- 
ceived,    1914A-971. 

Facts  discovered  subsequently  to  applica- 
tion and  examination,  duty  of  appli- 
cant to  notify  insurer.  15-126;  1916B- 
381. 

Good  health  of  insured  at  time  of  delivery 
of  policy  where  contract  so  requires, 
burden  of  proof.     17-238. 

Medical  examination,  incorrect  opinion 
answer  made  in  good  faith,  effect  on 
policy.     8-1156. 

Misrepresentation  by  insured  as  avoiding 
life   insurance   policy.     1915A-460. 

— immaterial  false  warranty,  validity  of 
statute  providing  that  insurance  eon- 
tract  shall  not  be  avoided  for.    7-1107. 

Occupation  of  insured,  what  constitutes 
breach  of  condition  in  policy  relating 
to    occupation.     7-658;    1916B-739. 

■ — engaging  in  prohibited  occupation  as 
avoiding  policy  where  death  does  not 
result  from  such  occupation.  1912I>- 
491. 

Previous  application  for  insurance,  breach 
of  warranty  that  insured  has  not 
made.     7-676;  18-101. 

Keinstatement,  representation  that  appli- 
''-ant  is  in  good  health,  construction. 
1918D-1005. 

Eelationship  of  insured  to  beneficiary,  mis- 
representation as  avoiding  policy.  4- 
336;   11-72. 

"Severe"  or  "serious"  illness,  meaning  of 
term  in  application  for  policy.  20- 
291;   1918A-682. 

Travel  by  or  residence  of  insured,  con- 
struction of  restriction  in  insurance 
contract.     1917A-381. 

Waiver  of  conditions  in  policy  by  insurer's 
failure  to  inquire  into  existing  facts. 
1917B-500. 

4.    Premiums, 

Acceptance  of  note  for  life  insurance  pre- 
mium, effect.     1-967. 

Acknowledgment  of  receipt  of  premium  in 
policy,  conclusiveness.     1915D-3G6. 


LIFE  INSURANCE. 


525 


LIFE  INSUEANCE— Continued. 

Change  from  assessment  to  level  premium 
plan,  right  of  insurance  company. 
4-361. 

Estoppel  of  company  by  declaring  forfeit- 
ure to  claim  lapse  of  policy  for  non- 
payment of  premium.     1916A-541. 

Forfeiture  for  nonpayment  of  premium 
where  insurer  is  indebted  to  insured. 
17-506. 

Nonpayment  of  premium  as  invalidating 
contract  in  absence  of  provision  to 
such  effect.     19-67. 

Notice  of  time  of  payment  of  premium, 
absence  of  statute  or  policy  provision 
requiring  notice  as  affecting  necessity 
and  sufficiency   of  notice.     10-687. 

—statutes  requiring  notice  as  affecting  ne- 
cessity and  sufficiency  of  notice.  4- 
483. 

Eecovery  of  premiums  paid  for  life  insur- 
ance.    4-123. 

Time  of  payment  of  premium  required  by 
policy  as  waived  by  acceptance  of  pre- 
mium after  appointed  time^  or  similar 
act.     7-385. 


5.    Incontestable  Clause.       ' 

Fraud,  right  to  contest  policy  on  such 
ground,  where  it  contains  incontes- 
table clause  not  excepting  fraud. 
1914C-652;  1916C-707;  1917E-1116. 

Legal  execution  of  insured,  effect  of  in- 
contestable clause  in  policy.  1917  D- 
1183. 

Suicide,  effect  of  incontestable  clause  in 
policy  on  provision  against  suicide. 
1-310;  1917D-1186,  1190. 

Validity  of  incontestable  clause  in  policy. 
4-364;    13-305. 

6.    Assignment,  Transfer  or  Gift. 

Assignment  of  policy  to  one  having  no 
insurable  interest,  right  of  insured  to 
make.  5-360;  7-912;  12-686;  1913B- 
864. 

Bankruptcy  or  insolvency  of  insured, 
policy  as  passing  to  assignee  for  bene- 
fit of  creditors  or  trustee  in  bank- 
ruptcy.    20-1186;   1915B-1289, 

Bequest  of  proceeds  of  insurance  money 
as  specific  legacy.     10-1137. 

Creditor,  validity  of  assignment  of  policy 
to  creditor.     1912A-653. 


LIFE  INSURANCE— Continued. 

Delivery  of  policy  or  written  assignment 
thereof  to  assignee  as  essential  to  as- 
signment.    1914D-700;  1916A-824. 

Fraudulent  sales,  transfer  of  insurance 
policy  on  debtor's  life  as  transfer  in 
fraud  of  creditors.     1912B-896. 

Gift,  life  insurance  policy  as  subject  of. 
1914r)-297. 

Wife's  assignment  of  insurance  in  her 
favor  on  life  of  husband,  validity  and 
effect.     1917B-302. 


7.    Mode  of  Death. 

Autopsy  or  examination  of  body  of  in- 
sured, construction  of  provision  in 
policy  giving  insurer  right.  1916A- 
156. 

Duels,  construction  of  provision  in  policy 
excepting  death  resulting  from  duel. 
1915B-549. 

Legal  execution  of  insured  as  defense  to 
action  on  policy.     13—133. 

Suicide,  declarations  or  written  statements 
made  by  insured  previous  to  death  as 
evidence  of  suicide.  8-1114;  1918C- 
1050. 

< — effect  on  policy  containing  no  provision 
as  to  suicide'.  8-162;  11-779;  1917D- 
1190. 

^presumption,  burden  of  proof,  and 
weight  and  sufficiency  of  evidence  of 
suicide  relied  on  as  defense  to  action 
on   policy.     17-32;    1913C-1260. 

— sane  or  insane,  construction  of  clause  in 
policy  excepting  death  from  suicide 
while  "sane  or  insane."  7-659;  1917D- 
1190. 

Violation  of  law,  death  while  engaged  in 
violating  law  within  exception  in  life 
insurance  policy.  3-873;  12-310; 
1917C-592. 


8.     Beneficiaries. 

Alien  enemy,  rights  under  policy.  19180- 
714. 

"Children,"  meaning  of  term  as  used  in 
policy  to  designate  beneficiaries.  15- 
529;   1913A-300. 

Creditor's  bill  as  reaching  interest  under 
insurance  policy.     1914B-959. 

"Dependent,"  meaning  of  word  as  used  to 
designate  beneficiary  in  insurance. 
7-358;  17-867. 


526     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


LIFE  INSXTBANCE— Continued. 

Divorce  as  affecting  rights  of  beneficiary 
in  insurance.  2-351;  7-1026;  1913D- 
685;   1915C-321;   1917C-269. 

"Family,"  persons  included  in  term  when 
used  to  designate  beneficiaries  in  in- 
surance policy.  7-684;  11-570;  1917C- 
694. 

"Heirs,"  meaning  of  term  when  used  to 
designate  beneficiaries  in  insurance 
policy.     5-458. 

"Legal  representatives,"  meaning  of  term 
as  used  to  designate  beneficiaries  in 
insurance.     12-1271. 

Loan  on  policy  having  loan  value,  right 
of  insured  to  obtain  without  consent 
of  beneficiary.      1913D-838. 

Minor  child,  rights  of  parties  in  case  of 
insurance  procured  by  parent  on  life 
of  minor  child.     1917E-643. 

Oral  promise  by  beneficiary  in  policy  to 
pay  proceeds  to  third  person  as  en- 
forceable.    14-872. 

Proceeds  of  life  insurance  policy,  liability 
for  debts  of  beneficiary.     2-91. 

— ^right  to  proceeds  under  policy  payable 
to  wife  of  insured,  or  to  their  children, 
where  wife  dies  without  issue.  10- 
269. 

Profits  or  surplus,  policy-holder  entitled 
to  share,  right  to  apply  to  courts  for 
relief.     10-403. 

Surrender  of  policy  having  cash  surrender 
value,  right  of  insured  without  con- 
sent of  beneficiary.     1913D-838. 

Vested  interest  of  beneficiary  in  ordinary 
policy.  1-684;  7-1026;  11-49;  1912B- 
1144. 

9.    Actions. 

Admissions  or  declarations  of  insured,  ad- 
missiblity  to  contradict  statements  in 
application.     7-647;  11-263. 

Anticipatory  breach  of  contract,  right  to 
sue  for  damages.     9-665;  12-38. 

Burden  of  proof  of  good  health  of  insured 
at  time  of  delivery  of  policy  where 
insurance  contract  so  requires.  17- 
238. 

Coroner's  verdict  as  admissible  in  evidence 
to  establish  cause  of  death,  action  on 
policy.     1917B-893. 

Dying  declaration,  admissibility  in  actioa 
on  insurance  policy.     6-70. 


LIFE  INSXJKANCE— Continued. 

Knowledge  of  agent  imputable  to  insur- 
ance company,  who  is  agent  so  as  to 
effectuate.     1913A-849. 

Limitation  period  in  policy  against  suit, 
validity  of  clause  limiting  time  to 
bring  action.     7-918. 

— ^when  limitation  begins  to  run  against 
policy.     8-1064. 

Medical  examiner's  knowledge  as  impu- 
table to  insurer  in  action  on  policy. 
1913A-852. 

Money  paid  on  policy  where  insured  pre- 
sumed to  be  dead,  right  of  company 
to  recover.     13—411. 

Physician's  death  certificate  as  evidence 
in  action  on  policy.     1918C-761. 

Presumption  of  death  of  insured  from 
absence,  facts  necessary  to  warrant. 
1915B-682. 

Proofs  of  death,  sufficiency  under  policy 
as  question  of  law  or  fact.  1913B- 
842. 

Value  of  policy  as  susceptible  of  judicial 
determination.     1914D-164. 


*    LIFE-SAVING. 

Injury  in  attempt  to  save  life  of  another 
as  negligence.  4-928;  19-441;  21- 
1178. 

LIFE  TENANT. 
See  Life  Estates. 


LIFTING  HEAVY 
OBJECTS. 

Assumption    of    risk    by    servant    under- 
taking.    17-241. 

LIGHTING  PLANT. 

See  Electricity. 

Meaning  of  term.     1917A-321. 

Power  of  municipality  to  erect  or  purchase 
for  lighting  streets.     1916B-523. 


LIGHTNING. 

Animals  killed  by  lightning  as  covered 
by  policy  of  animal  insurance. 
1915A-616. 


LIGHTNING-ROD  VENDER— LIMITATION  OF  ACTIONS.      527 


LIGHTNING — Continued. 

Fire  caused  by  transmission  over  wires  of 
telephone  or  other  electric  company, 
liability.     1914B-1031. 

Injury  by  lightning  as  accident  arising  out 
of  and  in  course  of  employment  within 
Workmen's  Compensation  Act.  1913C- 
10,    12;    1916B-1302;    1918B-782,    799. 


LIGHTNING-ROD 
VENDER. 

Hawker  and  peddler  regulations  as  appli- 
cable.    1912D-1292. 


LIGHTS. 

Ancient  lights,  liability  of  third  person  to 
landlord  for   obstruction.     1912D-126. 

— measure  of  damages  for  obstruction. 
1913A-741. 

Automobiles,  failure  to  comply  with  statu- 
tory regulations  as  to  displaying 
lights,  effect  on  rights  and  liabilities 
of  owner  or  driver.  18-242;  1914A- 
128;  1918D-852. 

Easement  of  light  as  extinguishable  by 
merger  of  estates.     12-303. 

Landlord  and  tenant,  duty  of  landlord  to 
light  passageway  common  to  tenants. 
14-764;  19-667;  1914D-592;  1917E- 
596. 

— light  furnished  tenant  or  former  owner, 
validity  of  law  or  legislation  making 
owner  of  premises  liable.  7-1017;  11- 
241. 

Master  and  servant,  liability  of  former  for 
injuries  received  by  latter  in  place 
not  sufficiently  lighted.     20-2. 

Railroads,  stations,  duty  of  railroad  as  to 
lighting.     7-969. 

— street  crossings,  power  of  municipality 
to  require  railroad  to  maintain  lights. 
1912D-403. 

Street  railways,  signal  lights  on  street- 
cars, duty  and  liability  in  reference 
to  placing.     10-605. 

Streets,  failure  to  light,  liability  of  muni- 
cipality.    4-1001;    1916B-198. 

— method  of  lighting  as  resting  in  muni- 
cipal  discretion.     1912D-432. 

— plant  for  lighting  streets,  power  of 
municipality  to  erect  or  purchase. 
1910B-523. 


LIMBS. 

Loss  of  limb  or  part  thereof,  what  con- 
stitutes within  Workmen's  Compen- 
sation Act.     1918A-536. 


LIMITATION  OF  ACTIONS. 

1.  In  GcneraL 

2.  AFplicability  of  Statutes. 

3.  Commencement  of  Bunning. 

4.  Interruption  or  Suspension. 

A.  In  GenekaLi. 

B.  Absence. 

C.  Concealment. 

D.  Part  Payment. 

E.  Bringing  Action  oe  Pendency  or 

Proceeding. 

F.  Disability. 

5.  Running   Against   Particular   Actions. 

6.  Persons  by  and  Against  Wliom  Statute 

may  be  Pleaded, 

7.  Operation  and  Effect  of  Bar. 

8.  Estoppel  and  Waiver. 

9.  Revival  of  Barred  Claims. 

A.  New  Promise  or  Acknowledgment. 

B.  Part  Payment. 

10.  Pleading. 

See  Itaclies. 

1.    In  General. 

Accident  insurance,  waiver  of  policy  pro- 
vision limiting  time  to  bring  suit. 
1916C-449. 

Burden  of  proof  as  to  running  of  statute. 

8-340. 

Carriers,  actions  against  carriers  of  goods 
or  livestock,  contract  limiting  time  to 
bring  suit,  validity  and  effect.  1913E- 
868. 

— contract  stipulation  limiting  time  to 
present  claim  against  carrier  of  goods, 
validity  and  effect.  9-17;  14-416; 
1914A-231. 

"Case,"  meaning  of  word  as  used  in  sense 
of  action  or  proceeding  in  statute 
relating  to  limitation  of  actions.  21- 
670. 

Conspiracy,  applicability  of  statute  of 
limitations  to  prosecutions.     12-242. 

Criminal  law,  lesser  offense  which  is 
barred,  right  to  convict  for  under  in- 


528    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


LIMITATION  OF  ACTIONS— Continued. 

dictment  for  greater  offense  not 
barred.     17-718. 

—running  of  statute  as  affected  by  indict- 
ment set  aside  or  quashed.     8-194. 

— when  prosecution  is  deemed  commenced 
within   statute  of  limitations.     1-319. 

Deed  declared  mortgage,  effect  of  lapse  of 
time  on  right  under  limitation  stat- 
utes.    1914B-356;   1918C-756. 

Eminent  domain,  property  appropriated 
without  making  compensation,  time  to 
bring  action  to  recover  for.  1913E- 
1139. 

Employers'  liability  insurance,  validity  of 
polity  stipulation  limiting  time  to 
bring  action  thereon.     9-164. 

Equity  courts,  refusal  to  entertain  plea  of 
statute  of  limitation.     4-148. 

Exceptions  to  statute  impliedly  excluded 
when  not  enumerated.    '1-643;  16-906. 

Extraterritorial  effect  on  limitation  of  stat- 
utory cause  of  action.     2-151. 

Fire  insurance,  denial  of  liability  as 
waiver  of  contractual  j)rovision  in 
policy  postponing  time  of  suit  thereon. 
1914C-373. 

— running  of  limitation  against  action  on 
policy  limiting  time  to  sue  thereon  to 
certain  period  "after  the  fire."  10- 
824. 

— second  action  on  policy  after  period  of 
limitations  prescribed,  right  to  bring 
where  first  action  fails.     1914D-1147. 

— ^waiver  of  condition  limiting  time  of  suit 
on  policy  of  fire  insurance.     2-116. 

Foreign  statutes  of  limitation,  construction 
of  statute   recognizing.     14—42. 

Judgments,  opening  default  judgment, 
statute  of  limitation  as  meritorious 
defense.     21-1282. 

Larceny,  acquisition  of  title  by  lapse  of 
time  to  personalty  converted.     19-751. 

Life  insurance,  policy  providing  period  in 
which  suit  must  be  brought,  when 
limitation  begins  to  run  against.  8- 
1064. 

— validity  of  clause  in  policy  limiting  time 
to  bring  action  thereon.     7-918. 

Married  women's  acts  as  affecting  statutes 
of  limitation.     3-817. 

Municipal  corporations,  right  to  plead  stat- 
ute against.     8-98;   20-427. 


LIMITATION  OF  ACTIONS— Continued. 

New  limitation  as  applying  to  existing 
causes,  constitutionality  as  dependent 
upon  its  reasonableness.  8-525;  14— 
352. 

Residence    of    defendant   within    meaning 

of  statute.     1918A-155. 
— domicile  as  synonymous  with  residence. 

1915C-790. 

Eetroactive  operation  of  statute  of  limita- 
tions.    4-166;    1912A-1041. 

"Eevenue  laws,"  meaning  in  statutes  re- 
lating to  limitation  of  actions.  1918B- 
216. 

Savings  bank  mismanagement,  action  to 
enforce  liability  of  officers  as  not 
barred  by  statute.     1913B-430. 

Shortening  period  of  limitation  as  to  ex- 
isting causes,  validity  of  amendatory 
statute.     1916D-391. 

TaxatioTi,  assessment-rolls,  defects  and  ir- 
regularities as  cured  by  failure  to  test 
validity  within  prescribed  time.  11- 
1120. 

— tax  titles,  possession  under  tax  deed 
valid  on  face  for  statutory  period, 
validity   of   title   acquired.     16-1144. 

Telegraph  companies,  claims  for  damages 
or  statutory  penalty,  validity  of 
stipulation  on  telegraph  blank  re- 
quiring presentation  within  certain 
time.     4-613;    14-192;    1912B-520. 

—commencement  of  suit  as  presentation 
of    claim    within    stipulation.     12-656. 


2.    Applicability  of  Statutes. 

Corporations,  transfer  of  shares  of  stock 
without  consent  of  owner,  applica- 
bility of  statute  of  limitations. 
1913E-1179. 

Counties,  recovery  by  county  from  estate 
of  insane  person  for  maintenance  as 
subject  to  bar  of  statute  of  limita- 
tions.    1913A-581. 

Decedent's  estates,  application  of  gen- 
eral statutes  to  proceedings  for  ad- 
ministration.    2-773. 

Defenses,  applicability  of  statutes  of  limi- 
tations.    4-933;   1915A-608. 

Dower,  applicability  of  statute  to  action 
for.     11-411. 

Foreign  receivers,  special  statute  of  limi- 
tations as  governing.     5-573. 


LIMITATION  OP  ACTIONS. 


529 


LIMITATION  OF  ACTIONS— Continued.         LIMITATION  OF  ACTIONS— Continued. 


Fraud  or  deceit  as  constituting  injury 
to  person  or  property  for  purpose  of 
applying  statute  of  limitations.  19- 
936. 

Lost  will,  action  to  establish,  applica- 
bility of  statute  of  limitations. 
1915B-631, 

Mandamus  proceedings,  applicability  of 
statute.     9-845;    20-1114. 

Nature  or  form  of  action  as  determining 
particular  limitation  applicable.  12- 
175. 

Quo  warranto  proceedings,  applicability 
of  statute.     1914C-48S. 

Bailroad  rights  of  way  under  congres- 
sional grant  as  being  within  statute 
of   limitations.     2-718. 

Trusts,  application  of  statute  as  between 
trustee  and  beneficiary  of  express 
trust.     3-200;    13-1165;    1917C-1018. 


3.     Commencement  of  Running. 

Alienation  of  affections,  cause  of  action 
as  accruing  at  time  of  separation. 
1912C-1183. 

Appeal  and  error,  limitation  against  right 
of  appeal,  waiver  of  right  to  notice 
of  judgment,  etc.,  required  to  set 
statute  of  limitations  running. 
I913B-439. 

Attorneys,  collections  for  client,  com- 
mencement of  running  of  limitation 
against  action  by  client  to  recover 
money.     15-1208;  1914C-640. 

^—services  of  attorney,  when  statute  be- 
gins to  run  against  action  to  recover 
for.     1913A-416. 

Breach  of  contract  or  duty,  limitation 
against  action  as  running  from  date 
of  breach  or  from  occurrence  of  ac- 
tual   damage.     13-696. 

Computation  of  limitation  by  inclusion 
of  day  of  accrual  of  action.  12-58; 
1913D-1068. 

Covenants,  when  ordinary  covenant  of 
seizin  or  of  right  to  convey  is  broken 
if  at  all.     1913B-1188. 

Criminal  prosecution,  when  deemed  com- 
menced within  statute.     1-319. 

Death  by  wrongful  act,  commencement 
of  running  of  statute  against  action. 
17-519;   1916C-713. 

Index  to  Notes — 2i 


Demand  necessary  to  start  statute, 
whether  must  be  made  within  statu- 
tory period.     4^728. 

Lateral  or  subjacent  support,  accrual  of 
action  for  injury  thereto.  3-123;  18- 
752. 

Mechanics'  liens,  commencement  of  run- 
ning of  time  against  lien  for  ma- 
terials furnished  on  running  account. 
7-947. 

Mortgage  debt,  accrual  under  accelera- 
tion clause  as  affected  by  mortgagee's 
option  or  election  to  declare  debt 
due.     2-854. 

Municipal  bonded  indebtedness,  when 
statute  begins  to  ran  against  action. 
14-102. 

Note  payable  on  demand,  when  statute 
begins   to   run   against.     14-807. 

Promise  to  pay  "when  able,"  when  stat- 
ute begins  to  run  against.  1914B- 
935. 

Public  officer's  breach  of  duty,  accrual 
of  cause  of  action  for  injury.  3-997; 
1916A-885. 

Kemainderman's  right  of  action  for  con- 
version of  property  by  life  tenant, 
time  when  statute  begins  to  run 
against  action.     16-540. 

Keturn  of  debtor  to  state  sufficient  to 
start   statute  running.     14-941. 

Sales,  accrual  of  right  of  action  for  price 
of   goods    sold    on    credit.     7-543. 

Seduction,  accrual  of  father's  right  of 
action  for  daughter's  seduction.  1- 
388. 

Tenants  in  common,  necessity  that  tenant 
in  common  have  notice  of  adverse 
claim  by  cotenant  in  order  to  start 
statute   running.     1913D-1312. 

Vendor  and  purchaser,  repudiation  of 
vendor's  parol  contract  for  sale  of 
land  as  starting  running  of  statute 
for   recovery   of   money   paid.     2-932. 

Wrongful  act,  limitation  against  action 
as  running  from  date  of  act  or  from 
occurrence  of  actual  damage.  13- 
696. 

4.    Interruption  or  Suspension. 

A.     In  General. 

Burden  of  proof  as  to  interruption  of 
running   of   statute.     8-343. 


530    INDEX  TO  THE  NOTES,  1  ANN.  GAS.  TO  ANN.  CAS.  1918E. 

LIMITATION  OF  ACTIONS — Continued.         LIMITATION  OF  ACTIONS — Continued, 


Executor  de  son  tort,  running  of  statute 
against  estate  as  affected  by  acts. 
1912A-536. 

Negligence  of  attorney  as  excuse  for 
failure  to  bring  suit  within  time 
limited  by  statute.     20-397. 

Nonclaim  statutes,  exceptions  to  and  in- 
terruptions   of.     3-576;     1916A-589. 

—institution  of  suit  as  sufficient  presen- 
tation of  claim  against  decedent's 
estate  to  remove  bar  thereof.  14- 
931. 

War  as  suspending  running  of  statute. 
1917C-213. 

B.    Absence. 

Absence  from  state,  exception  aa  to  time 
defendant  is  absent  as  applicable  to 
nonresidence  at  time  of  accrual  of 
action.     1912D-^67. 

• — ^judgment  debtor,  absence  as  affecting 
running  of  statute  against  action  on 
judgment.     1914D-743. 

•—mortgagor,  absence  from  state  as  sus- 
pension of  limitation  against  action 
for  foreclosure.     8-1173. 

C.      CJONCEALMENT. 

Attorneys,  fraudulent  concealment  by  at- 
torney of  cause  of  action  against  him 
in  favor  of  client  within  statute  of 
limitations.     9-78. 

Executors     and     administrators,     conceal- 
ment of  facts  as  affecting  running  of 
statute    against    right    to    attack    dis- 
tribution of  decedent's  estate.     1918D- 
'316. 

Physicians,  concealment  by  physician  as 
suspending  statute  against  action  for 
malpractice.     1914B-908, 

D.    Part  Payment. 

Bills  and  notes,  indorsement  of  payment 
on  promissory  note  by  holder  as 
sufficient  proof  of  part  payment  to 
stop  running  of  statute.     1913A-1223. 

Check,  bill,  note,  etc.,  given  as  part  pay- 
ment or  collateral  security  as  start- 
ing  statute   running   anew.     15-332. 

Creditor's  right  to  apply  on  debt  his  own 
debt  to  debtor  so  as  to  suspend 
statute   of   limitations.     1915A-281. 

Interest,  effect  of  payment  on  running 
of  statute.     4-634. 


Joint  obligations,  part  payment  by  joint 
debtor  as  suspending  running  against 
joint  obligors  not  authorizing  or 
ratifying  such  act.  1912D-1328; 
1916E-1213. 

Suretyship,  part  payment  by  principal 
with  consent  of  surety  as  suspending 
statute  as  to   surety.     1916D-'S27. 

E.    Bringing    Action    or    Pendency    of 
Proceeding. 

Adverse  possession,  running  of  statute 
in  favor  of  claimant  as  arrested  by 
action  by  him.     19140-1182. 

Appeal  and  error,  effect  on  limitation  of 
time  for  suit.     4-150;  1912D-1023. 

Bankruptcy  proceedings  as  affecting  run- 
ning of  statute  of  limitations.  4- 
149;    1912D-1022. 

Ejectment,  effect  on  limitation  of  time 
for   suit.    4-150. 

Foreign  corporation,  institution  of  action 
before  compliance  with  domestic  stat- 
ute as  suspending  statute  against 
such  action.     1913A-1326. 

Injunction  or  other  legal  proceeding, 
effect  on  limitation  of  time  to  bring 
suit.     4-147;    1912D-1022. 

Insolvency,  effect  on  limitation  of  time 
for  suit.     4-149. 

Intervention,  commencement  of  action 
as  interrupting  statute  in  favor  of 
intervener.     15-664;    1916B-316. 

Malicious  prosecution,  time  to  institute 
action  as  affected  by  appeal  from 
judgment  in  original  proceeding. 
1913E-919. 

New  action,  on  demand  barred  by  limita- 
tion, after  dismissal  of  action  for 
failure  to  give  security  for  costs. 
3-97. 

Receivership,  effect  on  limitation  of  time 
for   suit.     4-150;    I912r)-1023. 

Eeplevin,  effect  on  limitation  of  time 
for  suit.     4-150. 

Second  action  on  fire  insurance  policy 
after  period  of  limitation  prescribed, 
right  to  bring  where  first  action  fails. 
1914D-1147. 

Venue,  institution  of  suit  in  wrong  forum 
as  arresting  running  of  statute. 
1916A-262, 


LIMITATION  OP  ACTIONS. 


531 


LIMITATION  OF  ACTIONS— Continued. 

Wrong  defendant,  institution  of  suit 
against  as  arresting  running  of  stat- 
ute.    1915B-276. 

F.    Disability. 

Infancy  of  heir,  devisee  or  distributee, 
interruption  of  running  on  account 
of.     3-837;  7-171. 

— ^insurance  policy,  clause  limiting  time 
to  bring  suit  as  affected  by  minority 
of  insured.     20-1291. 

—presentation  of  claims  against  munici- 
pality, infancy  or  other  disability  of 
claimant  as  suspending  limitation  of 
time   for   filing.     13-488;    1916C-1042. 

Insanity,  interruption  of  running  of  stat- 
ute in  favor  of  insane  plaintiff. 
1912C-1011. 


5.    Running   Against    Particular   Actions. 

Abstracts  of  title,  running  of  statute 
against  action  for  negligence  of  ab- 
stractor of  title.     12-412 

Accounting,  executors  and  administrators, 
lapse  of  time  as  barring  right  to  com- 
pel personal  representative  to  ac- 
count.    15-481. 

— partnership,  running  of  statute  against 
action  for  accounting  by  partners 
after  dissolution  of  partnership. 
1918D-1107. 

Alienation  of  affections,  limitation  against 
action  by  wife.     1916C-753. 

Assault,  what  is  civil  action  for  assault 
within  statutory  limitation  applica- 
ble.    1917A-118. 

Attorneys,  running  of  statute  as  against 
action  by  client  for  negligence  of  at- 
torney.    1917B-48. 

Bills  and  notes,  limitation  applicable  to 
action  on  sealed  promissory  note. 
1914D-422. 

Contempt  ia  federal  court,  limitation  of 
time  to  institute  proceedings.  1915D- 
1052. 

Deeds,  recital  of  consideration  aa  written 
promise  to  pay  within  statute  of 
limitations.     2-470. 

Deposit  of  money,  running  of  statute 
against   action   to   recover.     4-1146. 

Employers'  Liability  Act  limiting  time 
for  commencement  of  action,  con- 
struction of  provision.     13-491. 


LIMITATION  OF  ACTIONS— Continued. 

— federal  Employers'  Liability  Act,  limi- 
tation   of   action   under.     1914C-1028. 

Pood  and  drugs,  violations  of  federal  act, 
limitation  against  prosecution  under 
act.     1915A-49. 

Foreign   cause  of  action,  running  of  stat- 

irte  against.     5-546. 
— judgments,   statute   governing  in   action 

on  foreign  judgment.     8-1123. 

Fraudulent  conveyances,  running  of  stat- 
ute against.     4-1098. 

Funeral  expenses,  running  of  statute  in 
case  of  claim  against  estate.  19- 
791. 

Guardian's  bond,  running  of  statute 
against  action  on.     1916A-170. 

Husband  and  wife,  running  of  statute 
against  claims  existing  between 
spouses.     1914C-570. 

Injunction  against  execution  sale,  time 
within  which  suit  must  be  brought. 
1918C-290. 

Interest  coupons  of  other  than  municipal 
bonds,  running  of  statute  against. 
1912A-733. 

Internal  revenue  taxes  illegally  assessed 
or  collected,  limitation  against  ac- 
tion for  recovery.     1916A-308. 

Intoxicating  liquors,  action  for  penalty 
for  violation  of  liquor  statute,  limi- 
tation   against.     1916E-871. 

Judgments,  running  of  statute  against 
action,   when    begins.     1916C-625. 

Libel  or  slander,  running  of  statute 
against   action   for,     1917C-64. 

Mortgages,  assumption  of  mortgage  debt 
in  deed,  when  action  on  agreement 
is  barred.     21-679. 

National  bank  loans,  limitation  of  action 
against  director  for  excessive  loan. 
1912B-654. 

Nuisance,  running  of  statute  against  ac- 
tion   for    damages.     10-184. 

Partnership,  contribution  between  part- 
ners as  barred  by  statute  of  limita- 
tions.    1916D-838. 

Public  officer,  interest  received  on  pub- 
lic funds,  limitation  against  action 
to  recover.     1914C-1016. 

Quieting  title,  removal  of  cloud  created 
by  special  assessment,  limitation  of 
action.    1914A-893. 


532    INDEX  TO  TIIE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


LIMITATION  OF  ACTIONS— Continued. 
— running    of    statute    against    action    to 
quiet   title.     20-43;   1917A-661. 

Reinsurance,  action  for  loss  under,  as 
governed  by  limitation  in  original 
policy.     7-37. 

Seduction,  personal  injury  provision  as 
governing  period  of  limitation  for  ac- 
tion.    1912B-656. 

Services    performed  in    consideration    of 

oral     agreement  to     compensate     by 

will,      running  of      statute.     8-113; 
1918A-912. 

Stockholder's  statutory  liability,  limita- 
tion of  action  to  enforce.     3-505. 

Suretyship,  contribution  between  sure- 
ties, running  of  statute  against. 
15-1030;    1918E-518. 

— running  of  statute  as  against  surety. 
1912B-626. 

Tort  waived  and  action  in  assumpsit, 
limitation    applicable.     1913D-238. 

Trusts,  enforcement  of  resulting  trust 
arising  from  husband's  purchase  in 
own  name  with  wife's  money  as 
barred  by  statute  of  limitations. 
1915D-633. 

United  States  contract,  limitation  against 
action  for  recovery  of  additional 
compensation.     1918E-20. 

Usury,  running  of  statute  against  action 
to  recover  penalty  or  forfeiture  for 
taking    usury.     21-446. 

Warrants  of  municipal  or  quasi-munici- 
pal corporation,  when  statute  runs 
against.     2-394. 

Waters    and    watercourses,    injury    caused 
,        by    percolating    water,    limitation    of 

action     against     owner     of     artificial 

reservoir.     5-684. 


6.    Persons  by  and  Against  Whom  Statute 
may   be   Pleaded. 

Aliens,  running  of  statute  as  between 
alien   enemies.     1917C-213. 

Codefendants,  right  of  action  against  ona 
as  affected  by  bar  of  statute  against 
another.     12-981. 

Foreign  corporation,  right  to  plead  stat- 
ute. 1-9;  21-624;  1915D-913;  1917C- 
1024;   1917E-427. 

Mortgages,  right  of  assignee  or  grantee 
of  mortgagor  to  plead  statute.  1- 
1003. 


LIMITATION  OF  ACTIONS— Continued. 

Municipal  corporations,  right  to  plead 
statute   against.     8-98;    20-427. 

"Person"  as  including  private  corpora- 
tions.    20-740,   744;    1914A-1309. 

States,  right  of  state  to  plead  statute 
as  to  claim  against  it.     10-595. 

•^running  of  statute  against  state  as 
dependent  on  state  being  real  party 
in  interest.     8-702. 


7.    Operation  and  Effect  of  Bar. 

Amendment  of  pleading  after  bar  of 
statute,  additional  ground  of  negli- 
gence stated  as  cause  of  same  injury 
as  constituting  new  cause.  1913D— 
742;    1916B-511;    1916E-1237. 

— new  party  plaintiff  substituted  in  action 
for  wrongful  death  as  constituting 
new  cause  of  action.     1917D-908. 

Criminal  law,  effect  of  statute  providing 
for  discharge  of  prisoner  on  failure 
to  find  indictment  within  prescribed 
time.     3-1059. 

— indictment  for  greater  offens*  not 
barred,  right  to  convict  for  lesser 
offense   which   is   barred.     17-718. 

Executors  and  administrators,  claim  not 
presented  against  estate  of  deceased 
within  statutory  period,  right  of  per- 
son sued  by  executor  or  adminis- 
trator to  set  off.     7-850;  1914D-224. 

— recovery  from  creditor  of  claim  paid 
which  is  barred  by  statute  of  non- 
claim.     1915B-260. 

Judicial  sales,  effect  of  statute  to  pro- 
tect   purchaser    at    void    sale.     9-872. 

Mortgages,  injunction  to  restrain  sale  of 
property  under  trust  deed  on  ground 
that  action  on  debt  is  barred  by 
statute   of   limitations.     7-189. 

Official  bonds,  right  to  maintain  action 
on  bond  where  statute  of  limitations 
has  run  with  respect  to  action  against 
officer.     1913E-1265. 

Pledges,  bar  of  principal  obligation  as 
affecting  recourse  against.  2-271; 
14-847. 

Specific  performance,  bar  of  statute  as 
affording  ground  for.     1-1000. 

Vendor  and  purchaser,  enforcement  of 
implied  vendor's  lien  where  remedy 
for  purchase  price  is  barred  by  stat- 
ute  of  limitations.     1914A-278. 


LIMITATION  OF  INDEBTEDNESS— LIMITATION  OF  LIABILITY.     533 


LIMITATION  OF  ACTIONS— Continued. 

8.    Estoppel  and  Waiver. 

Estoppel  to  plead  by  conduct  not  amount- 
ing to  fraud  or  to  express  waiver  of 
statute.     9-755, 

Fiduciary  relation,  mera  existence  as 
barring  defense  of  statute  against 
action  for  money  received  on  behalf 
of   plaintiff.     1915B-250. 

Personal  representative,  waiver  of  stat- 
ute   of   limitations   by.     1912A-6. 

Waiver  of  benefit  of  statute  in  written 
contract,  validity  of  provision. 
1916A-686. 

»— fire  insurance  policy,  waiver  of  con- 
dition limiting  time  of  suit  thereon. 
2-116. 


9.    Revival  of  Barred  Claims. 

A.    New  Peomise  oa  Acknowledgment. 

A.cknowledgment  by  one  of  several  ob- 
ligors as  barring  defense  of  statute 
by   others.     17-176. 

Client's  debt  to  attorney  barred  by  stat- 
ute, validity  of  acknowledgment. 
1916E-436. 

Definiteness  of  new  promise  to  particular 
debt  in  question,  necessity  in  order 
to  remove  bar  of  statute.  19146- 
223. 

Inclusion  of  barred  debt  in  schedule  of 
liabilities  as  revival  thereof.     4-939. 

Judgment  or  judgment  debt,  effect  of 
new  promise  or  part  payment  to 
revive.     9-254.     ' 

Mortgage  debt,  act  of  grantee  who 
takes  subject  to  mortgage  as  reviv- 
ing or  keeping  alive  debt  secured 
thereby.     1914C-1111. 

Person  to  whom  new  promise  must  be 
made  to  remove  bar  of  statute.  5- 
811;    19-103. 

Eemoval  of  bar  of  statute  against  action 
ex    delicto    by    new    promise.     11-180. 

Written  promise  or  acknowledgment  re- 
lied on  to  take  case  out  of  statute 
of  limitations  as  aided  by  other 
writings.     12-811. 


B.     Part  Payment. 

Application    by    creditor    of    proceeds    of 
foreclosed    security    as    part    payment 


LIMITATION  OF  ACTIONS— Continued. 

sufficient  to  revive  barred  note.     14- 
980. 

.Judgment  or  judgment  debt,  effect  of 
part    payment    to    revive.     9-254. 

Mortgages,  payment  on  barred  debt  as  re- 
viving lien  of  barred  mortgage  to 
secure  debt.     1912B-508. 

Part  payment  in  full  satisfaction  of  debt 
as  removing  bar  of  statute  as  to  part 
not   paid.     14-213. 

Promissory  note  by  joint  makers,  part 
payment  by  trustee  in  bankruptcy  of 
personal  representative  of  one  joint 
maker  as  removing  bar  of  statute  as 
to   other  makers.     11-59. 

Undirected  payment  applied  by  creditor 
to  barred  debt  as  reviving  unpaid 
portion.     13-1203. 

i— several  barred  claims  held  by  creditor, 
general  undirected  payment  as  re- 
vival  of   any  one   of   them.     14-56. 


10.    Pleading. 

Amendment  of  pleading  so  as  to  set  up 
statute  of  limitations,  right  of. 
1914A-24. 

Compliance  with  statute,  necessity  of 
pleading.     1-85. 

Death  by  wrongful  act,  pleading  statute 
of   limitations.     19-819;    1916D-1241. 

Ejectment,  necessity  of  pleading  statute 
of  limitations.     21-1244. 

Equity  cases,  necessity  of  pleading  stat- 
ute of  limitations.     8-379. 

Penalty  action,  necessity  of  pleading 
statute   specially   as   defense.     12-87. 

Eeply  to  answer  pleading  statute  of  limi- 
tations, necessity  foj".     1914D-892. 

Withdrawal  of  plea  of  statute,  right  of. 
1914D-473. 

LIMITATION  OF  INDEBTED- 
NESS. 

See  Municipal  Corporations. 

LIMITATION  OF  LIABILITY. 

See  Carriers  of  Goods;  Carriers  of  Live- 
stock; Carriers  of  Passengers;  Cold 
Storage;  Fidelity  and  Guaranty  In- 
surance; Master  and  Servant;  Ships 
and  Shipping;  Telegraphs  and  Tele- 
phones. 


534    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


LIMITATION  OVER. 

See  Wills. 

LIMITED  GUARANTY. 

Distinction  "between  continuing  and 
limited   guaranty.     4r-822;   1918E^609. 

LIMITED    PARTNERSHIP. 

Construction  of  statutory  requirement  as 
to  posting  names  of  partners. 
1913B-917. 

LIMITING  ISSUES. 

New  trial  granted  by  appellate  court, 
right  to  limit  issues  to  be  tried  by 
jury.     1917E-888. 

LINEMAN. 

Assumption  of  risk  doctrine,  applica- 
bility to  lineman.  15-598;  1912B- 
467. 

Pellow-servant  of  employee  in  power- 
house.    17-467. 

LIQUIDATED    DAMAGES. 

See  Damages. 

LIQUIDATED  DEMAND. 

Accord  and  satisfaction  by  part  payment 
of  liquidated  and  undisputed  debt.  5- 
525;  1917A-130. 

LIQUOR  HABIT. 

Proof  of  liquor  habit  to  discredit  witness. 
1918A-639. 

LIQUORS. 

See  Intoxicating  Iiiquors;  Nonintoxicating 
Liquors. 

LIS  PENDENS. 

Application  of  doctrine,  purchase  after 
judgment  and  before  institution  of 
proceedings   to    review.     9-987. 

Divorce  and  alimony  action  as  within  law 
of  lis  pendens.     1913D-9oO. 

"Loss  of  benefit  by  delay  in  prosecution 
of.  suit.     I915C-518. 


LIS  PENDENS— Continued. 

Money  judgment,  general  rule  as  to  ap- 
plicability of  doctrine  to  suit  to  re- 
cover.    5-333. 

Prior  executory  contract  for  sale  of  land, 
effect    of    lis    pendens    upon.     7-1092. 

Purchaser  pendente  lite,  who  is.  1918C- 
53,   81,   83,   86,   90. 


LISTENING. 


Confession  made  while  asleep,  admissibility 
in  evidence.     1914C-961. 

Conversation  overheard  by  third  person  as 
affecting  privileged  character  under 
law  of  slander.     1917E-699. 


LITERARY  CRITICISM. 

Libelous,  when.     1-330. 

LITERARY  PROPERTY. 

Letters,  copyright  after  writer's  death, 
right  of.     3-1116. 

— ^publication  of  private  letter,  right  to 
restrain.     1912D-555;    1915B-105. 

Purchase  of  manuscript  as  implying  obli- 
gation to  publish,  under  contract  be- 
tween author  and  publisher.  1912B- 
612. 

Uncopyrighted  production,  right  to  dam- 
ages for  unauthorized  use.     13-257. 

LITERARY  STYLE. 

Identity  of  author,  evidence  of  literary 
style  as  element  in  establishing.  20— 
1336. 


LIVERY-STABLE. 

Hirer  of  vehicle  as  liable  for  negligent  act 
of  driver.     1913A-886. 

Independent  contractor,  livery-stable 
keeper  as  constituting.     19-23. 

Liability  as  carriers.     2-344;   16-506. 

Lien,  priority  as  between  chattel  mort- 
gagee and  liveryman.  11-1043; 
1914B-316. 

"Trade,"  livery-stable  keeper  as  engaged 
in  trade.     1916A-1200. 


LIVESTOCK— LOANS. 


535 


LIVESTOCK. 

See  Carriers  of  Livestock. 

Attaeliment  of  cattle  on  range,  what  is 
sufficient  levy.     1916B-995. 

Dealer  in   livestock,   who   is.     1917A-958. 

Disease  communicated  by  livestock  to 
other  animals,  liability  of  owner.  15- 
1002. 

—contracted  by  livestock  during  ship- 
ment, liability  of  carrier  to  shipper. 
21-176. 

Dogs  as  not  within  statute  providing 
damages  for  killing  of  cattle  or  live- 
stock by  railroads.     3-275. 

Eminent  domain,  danger  of  injury  to  live- 
stock as  element  of  damage  to  land 
by  construction  of  railroad  or  electric 
power  line.  11-697;  19-929;  1915 A- 
1255. 

Fire  insurance  policy  with  designated  lo- 
cation as  covering  animals  temporarily 
elsewhere.     15-661;    1916E-398. 

Insurance  of  livestock.     1915A-614. 

Life  tenancy,  who  entitled  to  increase  of 
livestock.     1916B-131. 

Statutes  relating  to  livestock,  effect  of 
partial  invalidity.     1916D-35. 

Taxation,  situs  of  livestock.     8-677. 


LIVE  WIRES.     • 
See  Electricity. 

LIVING  PERSON. 

Bight  to  and  effect '  of  administration  on 
estate  of  person  presumed  to  be  dead. 
3-1126;   14-148;   1913B-556. 

LIVING  TOGETHER. 

Husband  and  wife  or  other  member  of 
family,  what  constitutes.     1915B-880. 

What  constitutes  "living  together"  in  for- 
nication or  adultery.     19-655. 

LOADING  CARS. 

Manner  of  loading,  duty  of  connecting 
carrier  to  inspect.     16-1155. 

Persons  engaged  in  loading  as  not  bare 
licensees.     1-601;  12-119. 


LOAN  BROKERS. 

Performance  entitling  loan  broker  to  com- 
mission, what  constitutes.     1918C-609. 

Personal  property  loan  brokers,  state  or 
municipal  regulation.  1916E-619; 
1918B-408. 

LOANS. 

Broker's  right  to  commissions  where  prin- 
cipal refuses  to  accept  loan  which 
broker  was  employed  to  procure.  20— 
1026. 

Building  and  loan  association,  loan  as 
usurious  in  absence  of  statute. 
1914C-1305. 

— mode  of  settlement  of  loan.  1914B- 
1269. 

— to  whom  may  loan  money.     1917B-590. 

Contract  not  to  carry  on  similar  business 
as  violated  by  loaning  money  to  per- 
son establishing  competitive  business. 
1916E-384. 

False  pretenses,  obtaining  loan  of  money 
as  constituting  crime  of  obtaining 
money  by  false  pretenses.  1916C- 
lloS. 

Farm   loan    statute,    validity.     1917E-216. 

Infancy  as  defense  to  action  for  money 
loaned.     1916C-999. 

Insurance  company,  loan  to  insured,  ap- 
plication of  dividends  due  insured  in 
liquidation  of  interest  on  loan.  17- 
508. 

Intoxicating  liquors,  loan  thereof  as  sale 
within  purview  of  prohibitory  statute. 
14-276;    1913A-471. 

License  tax  on  occupation  of  loaning 
money  on  chattel  security,  validity  of 
statute   imposing.     1914B-1197. 

Life  insurance  policy,  right  of  insured  to 
obtain  loan  without  consent  of  benefi'- 
ciary.     1913D-838. 

Ketention  by  principal  of  benefit  of  loan 
procured  by  unauthorized  agent,  ef- 
fect. 3-1145;  1913E-1115;  1916A- 
184. 

Usury,  advance  interest  taken  on  loan  as 

constituting.     1915C-1156. 
— expenses  of  making  loan  exacted  from 

borrower  as  constituting.     1914C-410. 
— sale  of  property  on   credit  as  device  to 

cover  loan  as  within  usury  law.     20- 

1133. 


536    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 

LOATHSOME    DISEASE.  ^^^  OPTION-Continued. 


Divorce   on  ground  of  antenuptial  venereal 
disease.     1913A-134. 

Imputation  of  disease  as  actionable  libel  or 
slander.     1914A-1255;  1914D-151. 


LOBBYING. 

Contracts  for  procurement  of  legislation. 
6-220;  16-850. 


Elections,  judicial  notice  of  local  option 
election.     18-191;    19I5C-333. 

Signing  petition  for  election  as  disquali- 
fying judge  or  other  official  from  act- 
ing thereon.     1912C-1092. 

Statute  relating  to  local  option,  effect  of 
partial    invalidity.     1916D-62. 

Territory  affected  by  adoption  of  local 
option  law.     21-1015;  1917C-512. 


LOBSTERS. 

statutory    regulatiou    of    fishery.     1913C- 
1135. 


LOCAL  ASSESSMENTS. 
See  Special  Assessments. 

LOCAL  CONDITIONS. 

Knowledge  of  court,  right  to   give  effect 
to.     1915B-557. 


LOCAL  PREJUDICE. 

Eemoval  of  cause  to  federal  court  on 
ground  of  prejudice  and  local  influence 
as  dependent  on  citizenship  of  parties. 
4-455. 


LOCAL  REGULATIONS. 

Fire  insurance,  effect  of  local  ordinance 
or  regulation  on  liability  under  pol- 
icy.    1917B-1250. 


LOCAL  DIVISIONS. 

Judicial  notice.    12-933. 

LOCAL  IMPROVEMENTS. 

See    Special   Assessments. 

"Adjoining,"  meaning  of  term  with  refer- 
ence to  local  improvement.  1913D- 
847. 

Meaning  within  contemplation  of  special 
assessment  levies.    20-339;  1914B-542. 

Ordinancea  relating  to  local  improve- 
ments, judicial  inquiry  into  motive 
prompting  enactment.     1912A-718. 

LOCAL  LAWS. 

What  are  "local"  statutes.    4-659. 

LOCAL  OPTION. 

Burden  of  proof  of  adoption  of  law. 
1913C-627. 

Change  in  local  option  law  as  affecting 
locality  which  has  adopted  local  op- 
tion.    21-663. 

Constitutionality  of  statutes.  1-37S;  7- 
1164;   14-1001;   1918E-874. 


LOCAL  SIGNIFICANCE. 

Peculiar  signification  of  word  in  locality 
where  instrument  is  executed,  admis- 
sibility of  evidence  to  show.  1916CJ- 
655. 


LOCATION. 

See    Situs. 

Building  restrictions,  location  of  structure 
as  affected  by.     1914A-3. 

Chattels  mortgaged,  necessity  and  sufli- 
ciency  of  description  of  location.  21- 
1026. 

Distance  in  given  case  as  determinable 
by  straight  line  or  otherwise.  191oE- 
452. 

Easements,  indefinite  right  of  way,  loca- 
tion by  parties  interested.     1-681. 

* — practical  location  of  easement  granted 
in  general  terms,  effect.     7-853. 

Fire  insurance,  effect  of  mistake  of  agent 
in  description  of  location  of  property. 
13-1024. 

Fraudulent  conveyance,  location  of  land 
as  determining  venue  of  action  to 
set  aside.     1913D-663. 

Freehold,  location  as  determining  status 
of  freeholder.     1913D-330. 


LOCOMOTIVE  ENGINEERS— LONGSHOREMEN. 


537 


LOCATION— Continued. 

Judicial  notice  as  to  location  of  public 
institutions  and  natural  objects.  12- 
927. 

"Locate,"  or  "located,"  meaning  as  ap- 
plied to  railroad.     1912C-1309. 

Mining  claim,  sufficiency  of  discovery  of 
mineral  to  support  location  of  claim. 
15-628. 

"Near,"  meaning  of  word  as  applied  to 
location.     1913D-118. 

Railroads,   stations,   validity   of   contracts 

affecting     location.     14-441;      1914A- 

285. 
— validity    of    contract    for    location    of 

railroad.     15-637. 
— what    constitutes    location    of    railroad. 

7-1032. 

Sewers,  location  of  real  property  as  af- 
fecting special  assessment.  1915D— 
3S6. 

Telegraph  or  telephone  line,  municipal 
regulation  with,  respect  to  location. 
16-441. 


LOCOMOTIVE 
ENGINEERS. 

Authority  to  remove  trespassers  from  en- 
gine.    1-777. 

LOCOMOTIVES. 

Term  "car"  as  including  locomotive. 
1914D-46. 

Wrongfully  riding  on  locomotive  by  per- 
mission or  direction  of  employee,  lia- 
bility of  railroad  company.  9-541; 
1913E-577;   1917C-361. 

LODGERS. 

Distinction    between    lodger    and    tenant. 

1914A-200;    1914D-840. 
Juror  lodging  with   party   to    suit,   or   his 

attorney,  as  disqualified.     1914C-1044. 
Parol    agreement    for   board    and    lodging 

for  one  year  beginning  in  futuro  as 

void  within  statute  of  frauds.     5-829. 


LODGING-HOUSES— Continued. 

Homestead  exemption  as  extending  to 
premises  used  for  lodging-house. 
1913E-1256. 

Liability  of  keeper  for  effects  of  roomer. 
2-16. 

Licensing  or  regulating,  validity  of  ordi- 
nance or  statute.     1916C-29b. 

Lien  on  effects  of  boarder,  lodger  or 
guest.     3-627;    1914D-837. 

Number  of  persons  occupying  room,  valid- 
ity of  regulatory  statute.     1-747. 


LOGS  AND  LOGGING. 

See  Trees  and  Timber. 

Booms,    liability    for    injuries    caused    by 

flooding  lands.     10-237. 
• — structures     authorized    by     charter    or 

statute.     10-238. 

Contracts  for  cutting  and  delivery  of 
lumber,  spokes,  staves,  etc.,  as  within 
statute  of  frauds.     19-1302. 

Cutting  and  removing  timber  after  expi- 
ration of  time  specified  in  contract 
of  sale,  right  of.     4-1050;   12-731. 

"Dealer,"  person  buying  and  selling  lum- 
ber  as    dealer.     1917A-958. 

Eminent  domain,  logging  road  as  public 
use  supporting  condemnation  pro- 
ceedings,    14-906;    1918A-203. 

Floating  timber,  liability  of  one  using 
stream  for  resulting  injuries  to  ri- 
parian   owner.     10-235;    191SA-732. 

Independent  contractor,  who  is.  19-23; 
1918C-656,  669.,   672. 

Jams,  liability  for  injuries  resulting  to 
riparian  proprietor.  10-237;  1918A- 
735. 

Lien,  for  what  labor  or  service  logger's 
lien  may  be  claimed.     1916C-198. 

Eemoval  of  timber  under  conveyance  not 
specifying  time,  rights  of  grantee. 
12-918. 

LOITERING. 

Assemblage  of  persons  idly  on  street,  val- 
idity and  construction  of  ordinance 
forbidding.     1912B-1185. 


LODGING-HOUSES. 


LONGSHOREMEN. 


Distinction  between  boarding-house  keeper      "Workmen's  Compensation  Act  as  applica- 
and  lodging-house  keeper.  1914D-S39.  ble.     1917D-24. 


538    INDEX  TO  THE.  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 
LOOKING.  LOSS  OF  EARNINGS. 

stop,  look  and  listen  doctrine.     See  Bail-      Married    woman's    earnings,    damages    for 
roads;   Street  Railways.  loss.    4-205. 


LOSSES. 

See  Carriers^ of  Goods;  Carriers  of  Live- 
stock; Fire  Insurance;  Marine  Insur- 
ance. 

Anticipated  or  future  losses,  assessment 
on  insurance  policy  to  pay,  validity. 
1914C-802. 

Bailment,  loss  of  goods  by  bailee  who 
does  not  have  exclusive  possession  as 
affecting  applicability  of  rule  that 
burden  of  proof  is  on  bailee  to  ex- 
plain  loss.     1913D-947. 

— property  cheeked  for  safekeeping,  lia- 
bility for  loss.     21-97. 

Credit  insurance,  amount  of  loss  as 
covered  by.     1915A-665. 

Gaming,  recovery  of  money  lost  in  gam- 
ing, from  whom  may  be  had.  1918E- 
138. 

— setoff  of  prior  winnings  in  action  to  re- 
cover money  lost  at  gaming.  1918C- 
771. 

Indemnity  contract  against  loss,  neces- 
sity for  actual  damage  before  re- 
covery.    1913D-1152. 

Innkeeper,  liability  for  loss  of  goods  of 
hotel   guest.     1913E-864. 

Joint  adventures,  liability  of  parties.  17- 
1025;   1912C-202. 

Measure  of  damages  for  loss  of  property 
without    market    value.     9-1148. 

Partnership,  agreement  to  share  losses  as 
essential    to    relation.     1913B-1335. 

Public  money,  liability  of  public  officer 
for    loss.     17-929;    1914C-492. 

Trusts,  liability  of  trust  company  for  loss 
of  funds  of  cestui  que  trust.  1914A- 
1027. 

Vessels,  what  constitutes  "loss"  within 
meaning  of  statute  terminating  sea- 
men's wages.     6-68;    1916D-688. 

Warehouses,  loss  of  stored  goods  by  fire, 
liability  of  warehouseman.  19-243; 
1914A-1123. 

LOSS  OF  CONSCIOUS- 
NESS. 

Adequacy  of  verdict  for  injury  causing. 
1916B-402. 


LOSS  OF  LIMB. 

Accident  insurance,  what  constitutes  loss 
of  limb  within  policy.     1917B-1008. 

Workmen's  compensation,  what  consti- 
tutes loss  of  limb  or  part  thereof 
within  act.     191SA-536;   1918D-179. 

LOSS  OF   PROFITS. 

See  Damages. 


LOSS  OF  SOCIETY. 

Death  by  wrongful  act,  loss  by  parent  of 
child's  society  as  element  of  damages. 
1912C-65. 

Personal  injuries  to  child,  loss  of  child's 
society  as  element  of  damages  in  ac- 
tion by  parent.     18-479. 


LOSS  OF  TIME. 

Loss  of  time  as  element  of  damages  for 
loss    of   property.     17-1080. 


LOSS  OF  USE. 

Injury  to  article  used  for  pleasure,  right 
to  recover  damages  for  loss  of  use. 
1917A-127. 

Ships  and  shipping,  damages  for  loss  of 
use  of  vessel  resulting  from  colli- 
sion without  total  loss,  right  to  re- 
cover.    1917B-999. 


LOST  INSTRUMENTS. 

Checks,  right  of  holder  of  lost  check  to 
recover  amount  from  drawer.     14-398. 

Establishment  of  lost  instrument,  whether 
court  will  entertain  suit  where  no 
other  relief  is  demanded.     1914A-582. 

Frauds,  statute  of,  proof  by  parol  of  con- 
tents of  lost  memorandum  required 
by   statute   of   frauds.     19160-173. 

Indictment,  supplying  lost  indictment  by 
copy.     1913E-606. 

Judicial  record,  parol  proof  of  contents. 
1916D-248. 


LOST  PROPERTY— LYNCHING. 


539 


LOST  INSTRUMENTS— Continued. 

Jurisdiction  of  action  on  lost  instrument. 
1917A-1289. 

Jury  trial  in  action  to  recover  on  lost  iu- 
strument,  right  to.     1912D-246. 

Negotiable  instrument,  giving  indemnity 
as  prerequisite  to  recovery  of  amount 
of  lost  instrument.     1918C-925. 

Pleading,  necessity  of  alleging  loss  in 
action  on  lost  instrument.     11-253. 

Proof,  sufficiency  to  establish  contents  of 
lost  instrument.     2-41;   1917A-1104. 

Stock  certificates,  recovery  from  innocent 
purchaser  from  finder,  right  of  owner. 
1913C-1117. 

— right  of  stockholder  to  compel  duplica- 
tion,    191SE-66. 

Wills,  limitation  statute  as  applicable  to 
action  to  establish  lost  will.  1915B- 
631. 

— proof  of  contents  of  lost  will  by  decla- 
ration  of   testator   alone.     1915B-253. 


LOST  PROPERTY. 

Carrier's  duty  to  stop  train  to  allow  pas- 
senger to  recover  lost  property. 
1913B-559. 

Finder,  right  to  property.     1-4;  11-706. 

Joint   finders,   mutual  rights.     15-1160. 

Larceny  by  finder  of  lost  property.  20- 
1380. 

Lien  for  reward  offered,  right  of  finder. 
1913B-1277. 

Mislaid  as  distinguished  from  lost  prop- 
erty, rights  of  parties  with  respect  to. 
1917D-803. 

LOTTERIES. 

See  Gaming. 


LOVE  AND  AFFECTION. 

Natural  love  and  affection  as  sufficient 
consideration  for  note  executed  by 
parent  to  child.     13—165. 

LOWEST  RESPONSIBLE 
BIDDER. 

Construction  of  phrases  in  statute  pro- 
viding for  letting  of  municipal  con- 
tracts.    1913A-500. 


L.  S. 

Seals,   L.    S.    as    sufficient.     11-250. 

LUGGAGE. 

See  Baggage. 


LUMBER. 

See  Logs  and  Logging;  Trees  and  Timber. 

Attachment   on   lumber,   what  is  sufficient 
levy.     1916B-994. 

Dealer  in  lumber,  who  is.     1917A-958. 

Piling  in  municipal  limits,  power  of  mu- 
nicipality  to   regulate.     1912A-162. 


LUMP  SUM  AWARD. 

■^'orkmen's  compensation,  lump  sum  award 
under,     1918B-694. 


LUNATICS. 
See    Lisane    Persons. 


LUNCH  HOUR. 

Injury  during  lunch  hour  as  accident 
arising  out  of  and  in  course  of  em- 
ployment within  Workmen's  Compen- 
sation Act.     1916B-1314. 


LUNCH-ROOMS. 

Injury  from  eating  therein,  liability  of 
proprietor  as  for  negligence.  1914B- 
885;   1916D-921. 


LUNGS. 

Injuries  affecting  lungs,  excessiveness  or 
adequacy  of  verdict.  16-43;  1913A- 
1378;   1916B-429. 


LYING  IN  WAIT. 

What   constitutes  within   statute   relating 
to    homicide.     1916C-969. 


LYNCHING. 

Liability  of  sheriff  for   lynching  of  pris- 
oner.    19-889;    1913D-636. 


540    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


M 


MACHINERY. 


Attachment,  what  is  sufficient  levy. 
1916B-993. 

Bills  of  particulars  in  negligence  action 
showing  defective  condition.  1916B- 
109. 

Contracts '  for  manufacture  and  delivery 
as  within  statute  of  frauds.     19-1303. 

Dangerous  machinery  injuring  infant  li- 
censee or  invitee,  liability  of  owner 
of     premises     containing.     1913A-115. 

Master  and  servant,  changes  or  repairs 
after  accident,  admissibility  in  evi- 
dence in  action  by  servant  against 
master.  11-502;  1913E-356. 
— defects  in  machinery,  liability  of  ser- 
vant to  third  person  for  injuries 
caused.  1913B-725. 
— disobedience  by  servant  of  rules  and 
regulations  while  operating  as  affect- 
ing liability  of  master  for  injury  to 
servant.     8-9. 

— iuspection  by  public  official  as-  reliev- 
ing master  of  duty  to  inspect.  14- 
71. 

•—insufficiently  lighted  machinery,  liabil- 
ity of  master  for  injuries  to  servant. 
20-14. 

—rules  and  regulations  of  master  as  to 
operation  as  affecting  servant's  right 
to  recover  for  injury.     1912 A-86. 

— unexplained  starting  of  machine 
whereby  employee  is  injured  as  war- 
ranting inference  of  negligence  on 
part  of  employer.     1912r)-511. 

—warning  and  instruction  to  employee, 
duty  of  master  as  delegable.     11-107. 

Meaning  of  term  "machinery."  1918E- 
202. 

Mechanic's  lien  for  annexing  to  realty. 
1912B-19. 

Sales,  delay  in  delivery  after  purchase, 
measure  of  damages.     21-609. 

Trademark  or  trade  name  as  infringed  by 
similar   name.     1915B-340. 

V^'orkmen's  compensation,  installation  of 
machinery  as  within  purview  of  act. 
1917D-24. 


MACHHTEBY— Continued. 

— starting,  cleaning  or  using  machinery  as 
accident  arising  out  of  and  in  course 
of  employment.     1913C-14,  16,  17,  20. 


MAD  DOa. 

Liability  of   owner  for   injuries  inflicted. 
1915D-249. 


MAGAZINES. 

Copyright,   extent   of  protection   acquired 
by.    20-1178. 


MAGISTRATES. 

See  Justices  of  Peace. 

Contempt,  power  of  magistrate  to  punish 
witness.     9-316. 

Criminal  case  decided  by  magistrate, 
power  to  reopen.     4-767. 

Extradition,  "affidavit  made  before  magis- 
trate," sufficiency  within  federal  stat- 
ute relating  to  interstate  extradition. 
16-1101;    1916A-526. 

False  imprisonment  by  magistrate,  civil 
liability.     4-325. 

Jeopardy,  examination  before  magistrate 
as  constituting  former  jeopardy.  18- 
556. 

Libel  and  slander,  reports  of  proceedings 
of  magistrate  as  within  rule  of  privi- 
lege.    1915A-38. 

Malicious  prosecution,  advice  of  magis- 
trate as  defense  to  action  for  mali- 
cious prosecution.  16-718;  1918  A- 
49S. 

^-commitment  by  magistrate  as  evidence 
of  probable  cause.     6-260. 

— discharge  by  magistrate  as  evidence  of 
want  of  probable  cause  for  criminal 
prosecution.     3-112. 

• — dismissal  by  magistrate  without  trial 
on  merits  as  termination  in  favor  of 
plaintiff  in  malicious  prosecution.  7- 
482;   16-1107. 


MAGNA  CARTA— MALICIOUS  ABUSE  OF  PROCESS. 


541 


MAGISTRATES — Continued. 

Mandamus  to  compel  performance  of 
duty,  right  of  private  person.  &- 
107'4;   1912A-1118. 

Subpoena  not  entitled  in  any  pending 
prosecution,  validity  of  issuance.  9- 
977. 

Sunday,  power  of  court  to  sit  aa  magis- 
trate on  Sunday.     1916B-15. 


MAJORITY— Continued. 

be  decided  by  majority  or  other  pro- 
portion of  voters.     13-416;  1912D-949. 

Municipal  corporation,  legality  of  action 
by  majority  of  quorum  of  city  council. 
1916E-274. 


Partnership,    power    of   majority    to 
firm.    1916C-110. 


bind 


MAGNA  CARTA. 

Trial   by  jury,   relation   of  Magna  Carta. 
1914A-873. 


MAGNIFYING-GLASS. 

Jury  permitted  to  use  as  constituting  re- 
versible error.     1915B-1093. 

— ^use  during  deliberations  on  articles  in 
evidence.     1915B-745. 


MAIL. 
See  Postofflce. 

MAIL  CLERKS. 
See  Postal  Clerks. 


MAIL-CRANES. 

Location  near  railroad  track  as  actionable 
negligence.     9-1002;    1916E-717. 


MAINTENANCE. 

See  Champerty  and  Maintenance;  Support 

and  Maintenance. 


MAIN  TRACK. 

Meaning  of  term  as  used  in  statute  or  ordi- 
nance.    1918E-242. 


MAJORITY. 

Arbitrators,  when  award  by  majority  suffi- 
cient.    15-507. 

Corporation,  legality  of  action  by  majority 
of  quorum  of  corporate  directors.  13- 
786. 

Elections,  construction  of  constitutional  or 
statutory  requirement  that  proposition 


MALICE. 

Act  lawful  in  itself  not  rendered  unlawful 
by  malicious  motive.  1-250;  16-810; 
1912'I>-798;  1916G-438. 

Adjoining  land  owner  maliciously  excavat- 
ing on  his  own  premises,  liability  for 
resulting  injury  to  adjoining  building. 
21-18. 

Assault,  provocation  as  showing  want  of 
malice.     1-899. 

Blacklisting,  action  therefor  as  dependent 
on  malice  of  party.     1-474. 

Dying  declarations,  malice  on  part  of  de- 
clarant as  affecting  admissibility  in 
evidence.     1917A-1247. 

False  imprisonment,  malice  as  element  of 
offense.     4-332;  21-459;  1914C-1168. 

Libel  and  slander,  burden  of  proving 
malice  where  communication  is  priv- 
ileged.    7-844;  1913C-1072. 

— complaint  against  public  officer  or  em- 
ployee to  body  having  power  in  mat- 
ter, privilege  as  affected  by  existence 
of  malice.     19-1198. 

— evidence  of  repetition  after  commence- 
ment of  action  as  admissible  on  ques- 
tion of  malice.     12-103. 

—privileged  communication  as  actuated  by 
malice  as  question  of  fact.     10-1154. 

Malicious  prosecution,  what  constitutes 
malice  as  element.     21-756. 

Taking  property  maliciously  as  larceny. 
18-825. 


MALICIOUS   ABUSE    OF 
PROCESS. 

See  Abuse  of  Process. 

Distinction  between  malicious  prosecution 
and  malicious  abuse  of  process.  3- 
722;  1915A-831. 


542    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


MALICIOUS  MISCHIEF.  malicious  PEOSECUTION— Continued. 


Meaning   of  word  "malicious"   in   statutes 
defining  oflFense.     1-494;  16-336. 

Verdict  in  malicious  prosecution  upon 
charge  of  malicious  mischief  as  exces- 
sive or  inadequate.     1916C-260. 

MALICIOUS  PROSECU- 
TION. 

1.  In  G«neraL 

2.  Institution  of  Proceedings. 

3.  Probable  Cause. 

4.  Termination  of  Proceedings. 

5.  Advice  of  Counsel,  Magistrate  or  Lay- 

man. 

6.  Per^ns  Liable. 

7.  Actions. 

1.    In  General. 

Bankruptcy,  effect  of  discharge  upon  judg- 
ment for  malicious  prosecution.  3- 
169;  12-1011. 

False  imprisonment  as  distinguished  from 
malicious  prosecution.     21—457. 

"Malice"  as  element  of  malicious  prosecu- 
tion, what  constitutes  malice.     21-756. 

Malicious  abuse  of  process  as  distinguished 
from  malicious  prosecution.  3-722; 
1915A-831. 

Verdict,  what  is  excessive  or  inadequate 
verdict  in  action.     1916C-250. 

2.    Institution  of  Proceedings. 

Attachment,  maliciously  suing  out  attach- 
'     ment,  liability  for.     7-547. 

Bankruptcy  or  insolvency  proceeding,  in- 
stituting as  ground  of  action  for  ma- 
licious prosecution.     1916D-909. 

Injunction,  procuring  as  ground  for  action 
for  malicious  prosecution.     1914I>-611. 

Institution  of  proceeding  sufficient  to  sup- 
port action,  what  amounts  to.  12- 
1021. 

Nuisance,  institution  of  proceeding  to 
abate  as  ground  for  action  for  ma- 
licious prosecution.     1916E-493. 

Eeplevin,  institution  of  suit  as  ground  for 
action  for  malicious  prosecution.  18- 
812. 

Search-warrant,  issuance  as  constituting 
malicious  prosecution.     1-996;  10-372, 


3.     Probable  Cause. 

Acquittal  in  criminal  prosecution  as  evi- 
dence of  want  of  probable  cause.  18- 
65;  1916E-376. 

Commitment  by  examining  magistrate  as 
evidence  of  probable  cause.     6-260. 

Continuance  of  prosecution  without  proba- 
ble cause,  liability  for.     15-157. 

Conviction  in  criminal  proceeding  procured 
by  fraud,  perjury,  etc.,  probative  force. 
15-486. 

•—reversal  of  conviction  on  appeal  or  new 
trial  as  affecting  its  probative  force 
in  action  for  malicious  prosecution. 
6-508;  1913B-1054. 

Discharge  by  magistrate  as  evidence  of 
want  of  probable  cause  for  criminal 
prosecution.     3-112;  7-859. 

Grand  jury's  action  as  evidence  of  existence 
or  want  of  probable  cause.  21-1047; 
1916A-340. 

Guilt  of  plaintiff  of  offense  for  which  pros- 
ecuted, though  acquitted,  right  of  de- 
fendant to  show.     5-110. 

Judgment,  decree,  or  order  in  civil  suit  as 
evidence  of  probable  cause.     2-579. 

Possession  of  stolen  property  as  evidence 
of  probable  cause.     1913A-745. 

Similar  act  committed  by  friend  or  relative 
as  probable  cause  for  belief  in  person's 
guilt.    1916A-1125. 

4.  Termination  of  Proceedings. 

Abandonment  of  proceedings  as  termination 
sufficient  to  support  action  for  mali- 
cious prosecution.     1914B-12S5. 

Appeal  or  writ  of  error  from  judgment  in 
original  proceeding  as  interrupting 
time  to  institute  action  for  malicious 
prosecution.     1913E-919. 

Attachment,  termination  of  proceedings  as 
condition  to  maintenance  of  action  for 
wrongful  attachment.     1912A-445. 

Compromise  of  proceeding  as  termination 
sufficient  to  support  action.  7-454; 
1915D-1250. 

Discharge  by  committing  magistrate 
after  hearing  on  merits  as  sufficient 
termination  to  sustain  action.  1913A- 
926. 

Dismissal  by  magistrate  without  trial  on 
merits  as  termination  in  favor  of  plain- 


MALPRACTICE— MANDAMUS. 


543 


lilAIiICIOUS  PROSECUTION— Continued.      MALICIOUS  PEOSECUTION— Continued. 


tiff  in    malicious    prosecution. 
16-1107. 


7-482;      — condition    of    plaintiff,    admissibility    of 
evidence.     21-931. 


Nolle  prosequi,  entry  as  termination  of  pro- 
ceeding sufficient  to  support  action  for 
malicious   prosecution.     I915D-1164. 


Necessity  of  alleging  that  all  defendants 
joined  in  instituting  proceedings  com- 
plained of.     9-1175. 


5.    Advice     of    Counsel,     Magistrate    or 
Lajnuan. 

Counsel's  advice  as  defense  to  action  for 
malicious  prosecution.  l-932j  11-954; 
1912D-423. 

Magistrate's  or  layman's  advice  as  defense 
to  action  for  malicious  prosecution. 
16-718;   1918A-498.     . 


6.    Persons  Liable. 

Advising  or  procuring  third  person  to  in- 
stitute proceeding,  liability  as  for  ma- 
licious prosecution.     1918A-485. 

Agent  instituting  malicious  prosecution, 
liability  of  principal.  1-723;  8-327; 
1914B-637. 

Attorney,  liability  for  malicious  prosecu- 
tion in  bringing  suit  for  client.  1915B- 
718. 

Master  and  servant,  liability  of  former  for 
act  of  latter  in  instituting  malicious 
prosecution.     8-327. 

Statement  of  facts  to  magistrate,  public 
prosecutor  or  executive  officer,  liabil- 
ity as  for  malicious  prosecution. 
1918A-492. 


7.    Actions. 

Acts  of  plaintiff  occurring  after  institution 
of  prosecution,  admissibility  on  issue 
of  malice  or  probable  cause.  1914C- 
808. 

Belief  of  defendant  in  truth  of  charge 
made  against  plaintiff  as  question  of 
law  or  fact.     1912C-1043. 

Character  of  plaintiff,  admissibility  of  evi- 
dence in  action  for  malicious  prosecu- 
tion.    4-839;    1916D-1167. 

Condition  of  jail  where  plaintiff  was  con- 
fined and  treatment  therein,  right  to 
show  in  action  for  malicious  prosecu- 
tion.    19-614. 

Financial  circumstances  of  defendant,  ad- 
missibility of  evidence  in  action  for 
malicious    prosecution.     1913D-563. 


MALPRACTICE. 
See  Physicians  and  Surgeons. 

MALT  LIQUORS. 

Prohibition  of  sale.    2-99. 


MAN. 

"Ward  as  including  male  under  twenty-one 
years  of  age.     1912A-233. 


MANACLES. 

Eight  of  prisoner  undergoing  trial  to  be 
free  from  shackles.    5-959. 


MANAGERS. 

Amusement  performances,  contract  for  ser- 
vices of  manager.     1914B-12. 

English    Compensation    Act,    manager    as 
workman   within    purview.     1913C-30- 


MANDAMUS. 

1.  Nature  of  Writ  and  Jurisdiction  to  Issue. 

2.  Subjects  of  Selief. 

3.  Procediire. 

1.  Nature  of  "Writ  and  Jurisdiction  to  Issue. 

Action  or  special  proceeding,  mandamus  as. 
8-311. 

Court  of  equal  dignity  or  jurisdiction,  issu- 
ance of  mandamus  to.     12-564. 

Federal  court  mandate,  power  of  state 
court  to  enjoin  state  officers  from 
obeying.     11-746. 

Mandatory  injunction,  when  grantable  on 
ground  of  inadequacy  of  mandamus  as 
remedy.     1912D-110. 

Original  jurisdiction  of  state  court  of  last 
resort  to  issue  writ.     20-184. 


544    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


MANDAMUS— Continued. 

2.     Subjects  of  Belief. 

Accused  not  brought  to  trial  within  consti- 
tutional or  statutory  period,  remedy 
by  mandamus.      1912D-1273. 

Corporations,    corporate    stock,    mandamus 

to  compel  issuance.     16-900. 
— duties  arising  out  of  contract,  mandamus 

as  remedy  to  compel  performance.     8— 

410;   12-112;  1912C-890. 
— inspection   of   corporate   books,   right   of 

stockholder    to   mandamus    to    compel. 

19-310. 

Court-martial  proceedings  as  subject  to 
mandamus.     17-448. 

Courts,  entry  of  judgment  by  default, 
right  to  compel  proper  official.  1913B- 
344. 

— private  person's  right  to  mandamus  to 
enforce  performance  of  duty  by  court 
or  magistrate.     9-1074;  1912A-1118. 

— refusal  of  court  to  entertain  jurisdiction 
on  ground  of  discretion,  mandamus  as 
remedy  when  it  has  no  discretion. 
1915D-199. 

Disbarment  proceedings,  right  of  attorney 
to  review  by  mandamus.  10-546; 
1918B-837. 

Elections,  private  person's  right  to  enforce 
by  mandamus  public  right  or  duty  re- 
lating to  elections.     11-419. 

— recanvass  of  votes,  mandamus  to  compel 
board  of  canvassers  to  reassemble  for 
purpose.     1912C-1257. 

General  course  of  conduct,  or  performance 
of  continuing  duty  or  series  of  acts, 
mandamus  to  compel.  4-198;  20- 
220. 

Governor  of  state  as  subject  to  mandamus. 
3-392;  11-620;  1913B-789. 

Initiative  or  referendum  petition,  officers 
charged  with  duty  of  passing  on,  as 
subject  to  writ  of  mandate.  1916B- 
829,  855. 

Justice  of  peace,  writ  as  remedy  for  cor- 
rection of  errors  in  justice's  court. 
1913E-74, 

Licenses,  liquor  license,  mandamus  to  con- 
trol issuance.     1918A-687. 

— professional  license,  mandamus  to  con- 
trol action  of  board  in  granting.  16- 
183. 

Municipal  corporation,  contractual  obliga- 
tion, mandamus  as  remedy  to   compel 


MANDAMUS— Continued. 

performance  in  behalf  of  municipality. 
1918A-915. 

— ^inspection  of  municipal  books  and  pa- 
pers, mandamus  as  remedy  of  citizen 
or  taxpayer  for  refusal  to  permit. 
1913E-61. 

— ^public  contract,  mandamus  to  compel 
municipality  to  let.     17-651. 

— repair  of  street,  mandamus  to  compel 
municipality.     20-848. 

— taxpayer's  right  to  enforce  performance 
of  public  duty.     1913C-909. 

Newspaper,  compelling  publication  of  no- 
tice required  by  law  by  mandamus. 
1916A-386. 

Pension  matters,  review  of  action  of  officer 
or  board  under  writ.     8-950. 

Permissive  words  in  statute  imposing  duty, 
mandamus  to  enforce.     1915A-450. 

Private  person,  mandamus  against.  1913A- 
483.     . 

Public  officers,  official  action  after  expira- 
tion of  term,  mandamus  to  compel.  3- 
172. 

— which   of  several  officers  must  perform^., 
certain  duty,  mandamus  to  determine. 
3-174. 

— restoration  of  party  to  office,  mandamus 
as   remedy.     12-14;    1912A-930. 

Public  service  commission,  mandamus  to 
control  act  of  commission.  1914D- 
795. 

Public  utilities,  whether  court  will 
compel  performance  of  obligations  of 
francjiise.     1914A-1244. 

Eailroad,  to  compel  maintenance  of  safe 
and   adequate  equipment.     12-369. 

School  authorities,  mandamus  to  compel 
reinstatement  of  pupil.     15-407, 

— review  by  court  in  mandamus  proceed- 
ings of  regulations  of  school  boards 
for  control  and  discipline  of  pupils. 
6-998. 

Sheriff  or  constable,  mandamus  to  compel 
execution  of  writ  or  other  process. 
1913B-569.  ( 

State  contracts,  enforcement  by  manda- 
mus.    5-295. 

Taxation,  decision  of  tax  official  or  board 
in  matter  of  assessment,  mandamus 
to  review.     1912B-7S6. 


MANGLES— MAPS. 


545 


MANDAMUS— Continued. 

Third  person's  approval  OT  co-operation 
essential  to  act  as  affecting  right  to 
mandamus.     1915C-132. 

Unincorporated  associations,  mandamus  as 
remedy    against.     16-1246;    1914B-90. 

Unlawful  acts,  mandamus  to  aid.     1-204. 


S.    Procedure. 

Abatement  of  mandamus,  death  of  re- 
lator   as    causing.     1915A-267. 

— ^termination  of  respondent's  office  as 
ground.     4-75;   10-60;   1918A-1000. 

Appeal,  dismissal  where  question  involved 
has  become  immaterial.  5-626;  1912C- 
247. 

— ^right  of  respondent  who  has  obeyed 
writ.     2-627. 

Judgment  as  bar  to  all  issues  which 
might  have  been  litigated  therein. 
1913B-541. 

Limitation  statute  or  doctrine  of  laches, 
applicability  to  proceedings.  9-845; 
20-1114. 

Parties,  joinder,  who  may  join  as  relators 
in  mandamus.     1912B-420;  1918C-873. 

— necessary  parties  respondent  in  proceed- 
ings involving  title   to   office.     2-553. 

Peremptory  writ,  necessity  of  conformity 
with  alternative  writ.     1912D-671. 


MANGLES. 

Injury  to  servant  operating  mangle,  lia- 
bility of   master.     17-1104. 

Workmen's  compensation,  injury  resulting 
from  cleaning  mangle  while  in  motion, 
contrary  to  rule,  as  accident  in  course 
of  employment.     1914B-502. 


MANUFACTUEEES— Continued. 

Dealer,  manufacturer  as  "dealer."  1917A- 
958,  965.  « 

Defective  construction  of  automobile,  lia- 
bility of  maker  to  third  persons. 
1913B-694;   1916C-446;   1917E-o84. 

Distinction  between  manufacturer  and 
dealer  in  goods.     21-78. 

Electric  light  and  power  company,  as 
"manufacturer."     7-726;    1913C-71S. 

Food  products,  liability  of  manufacturer 
to  ultimate  consumer  for  unwhole- 
Bomeness  of  food.     16-500. 

Gas  company  as  manufacturer.     10-668. 

Independent  contractor,  person  employed 
in  manufacturing  work  as  constitut- 
ing.    19-24;   1918C-656. 

Negligence  of  manufacturer,  liability  to 
third  persons  for  injuries  resulting. 
1-756. 

Patent  or  proprietary  medicine,  manufac- 
turer's civil  liability  for  injury  caused 
by  use.     1914D-51. 

Workmen's  Compensation^  manufacturing 
as  employment  within  purview  of  act. 
1917D-24. 


MANUFACTURING 
ESTABLISHMENT. 

Labor  laws,  what  constitutes  within  stat- 
ute regulating  hours  of  labor.  191SD- 
685. 

"Plant,"  meaning  of  term  as  applied  to 
manufacturing  establishment.  1917A- 
320. 

Taxation,  what  is  manufacturing  estab- 
lishment within  exemption  provision. 
1915B-223. 


MANSIJIUGHTER. 
See    Homicide. 

MANUFACTORIES. 
See  Factories. 


MANURE. 

Tenant's  right  of  removal  from  premises. 

11-80. 

Waste,  removal  of  manure  as  constituting. 
1918D-546,   553.      . 


MANUFACTURERS. 


MAPS. 


Article  not  inherently  dangerous,  liability  Ancient  map,  admissibility  in  evidence  as 

of    manufacturer    as    for    negligence.  dependent   on  being   official  or   unoffi- 

1914A-877.  cial.     1916C-176. 
Index  to  Notes — 35 


546    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


MAPS — Continued. 

Dedication  of  park  or  square  by  selling 
lots  according  to  ♦map  or  plat.  17- 
312;   1917B-197. 

Land  purchased  according  to  map  as  rais- 
ing implied  covenant  of  vendor  not 
to  change  or  alter  streets.     16-582. 

Eesers'ation  of  land  on  map  or  plat  for 
specified  purpose  as  dedication  thereof 
to  public.     1916D-1079. 


MARGINAL  FiaURES. 

Bills  and  notes,  object  and  effect  of  mar- 
ginal figures.     1-611. 


MARGINS. 

Contract  for  future  difference,  admissi- 
bility of  evidence  of  other  transac- 
tions by  parties  on  issue  as  to. 
1914D-87. 

Equitable  relief  against  enforcement  of 
contracts  to  pay  money  on  margins. 
1-154. 

Pledge  of  stock  carried  on  margin,  right 
of  broker.     1912B-563. 

Eights  and  duties  inter  se  between  broker 
and  customer  on  margin  contracts. 
1915B-915. 

Stock  carried  on  margin,  ownership  as 
between  broker  and  customer.  14- 
986. 


MARINE  INSURANCE. 

Beneficiaries,  recovery  under  policy  by 
one  within  description,  but  not  within 
contemplation  of  parties  to  contract. 
4-501. 

"Collision,"  meaning  of  term  in  policy. 
1914B-849. 

Constructive  total  loss  within  policy,  frus- 
tration of  voyage  because  of  exist- 
ence of  war  as.  1916D-S84;  1918C- 
373. 

— value  of  wreck  as  element  in  determin- 
ing.    12-23. 

"Efxposing  buildings,"  construction  of  pol- 
icy with  respect  to  provision.  1913C- 
73. 

Law  governing  contract  of  marine  insur- 
ance.    19-38. 


MAEINE  INSURANCE— Continued. 

Peril  of  the  sea,  what  is  within  policy. 
1912D-1038. 

Reinsurance,  payment  of  loss  by  reinsured 
as  prerequisite  to  recovery  from  in- 
surer.    14-951. 

Tax  on  policy  on  exports  as  tax  on  ar- 
ticles exported.     1915D-1090. 


MARITIME  EMPLOYEES. 

"Workmen's  Compensation  Act  as  appli- 
cable. 1916C-88,  280;  1917E-919; 
1918B-661. 


MARITIME  LAW. 
See    Ships   and   Shipping. 

MARITIME  LIENS. 
See  Shiiis  and  Shipping. 

MARITIME  PRIZES. 

See  Wax. 


MARKETABLE  TITLE. 

Opinion   evidence   as   to   marketability  of 
title  to  realty,  admissibility.     21-840. 


MARKET  PRICE. 

See  Market  Value. 


MARKET  REPORTS. 

Erroneous  transmission  of  market  prices 
by  telegraph,  liability  of  company. 
3-429;    1912C-1279. 

Evidence,  admissibility  and  purpose  of 
reports  as  evidence.  12-127;  1913E- 
211. 

Refusal  of  telegraph  company  to  furnish 
for  gambling  purposes,  right  to  equi- 
table  relief.     6-887. 

Eight  of  property  in  market  quotations. 
8-761. 


MARKETS. 

Municipal  regulation  of  market  stalls 
in  public  streets,  power  to  establish 
or    license.     1914D-352. 

Nuisance,  fish  market  as  nuisance.      15-105. 


MARKET  VALUE— MARRIAGE. 


547 


MARKET  VALUE. 

Bankruptcy,  market  value  of  property  of 
bankrupt  as  affecting  insolvency  with- 
in bankruptcy  law.     11-451. 

Corporate  stock,  evidence  admissible  to 
prove  market  value.     1915C-64. 

Diminution  of  market  value  as  measure 
of  damages  for  injury  to  lateral  and 
subjacent    support.     5-219. 

Evidence  of  market  value,  competency  of 
witness  to  testify  to.     1914A-882. 

Property  without  market  value,  measure 
of  damages  for  loss  or  destruction. 
9-1148;  1917B-579. 

Selling  price  fixed  by  combination  or 
monopoly  as  constituting  market 
price.     i918A-575. 


MARKS. 

Ballots,  place  of  marking  for  candidate 
as  affecting  validity  of  vote.  20- 
672;    1917E-657. 

—validity  with  respect  to  kind  of  mark 
for  candidate.  1918A-1131,  1160, 
1165. 

Signature  of  will  by  testator's  mark,  sufS.- 
ciency.     18-769;    1917B-874. 


MARRIAGE. 

1.  In   General. 

A.  Generallt. 

B.  Pkoof  of  Marriage. 

C.  Effect  of  Marbiage. 

2.  Validity. 

3.  Marriage  Brokerage. 

4.  Restraint  of  Marriage. 

5.  Annulment  of  Marriage. 

See  Bigamy;   Breach  of  Promise  of  Mar- 
riage;  Divorce;   Husband  and  Wife. 

1.    In  General. 
A.    Generally. 
Eugenics  statute,  validity.     1916B-1051. 

Frauds,  statute  of,  contract  of  marriage 
dependent  on  contingency  for  per- 
formance within  one  year  as  within 
statute.     4-175;   1916E-1138. 

— general  principles  governing  applica- 
tion of  statute  as  applicable   to  con- 


MABBIAGE — Continued. 

tract    in    consideration    of    marriage. 
1913E-334. 

Impairment  of  prospects  of  marriage  as 
element  of  damages  for  personal  in- 
juries.    15-53. 

Inducing  marriage,  contiaet  to  induce 
marriage  between  third  persons,  va- 
lidity.    1918C-820. 

— fraud  in  inducing  marriages,  right  to 
damages.     1915D-220. 

Judgment  involving  fact  or  validity  of 
marriage,    conclusiveness.     1912C-245. 

Purchaser  pendente  lite,  person  acquiring 
interest  through  marriage  as.  19180- 
68. 

"Eesidence"  as  synonymous  with  "domi- 
cile" in  statute  relating  to  marriage. 
1915C-790. 

Settlement  contract,  implication  of  cross- 
remainders.     1916B-718. 

— infant's  right  to  disaffirm  after  attain- 
ing  majority.     12-861. 

B.  Proof  op  Marriage. 

Admission  of  party  as  proof  of  marriage 
in  prosecution  for  adultery.  1912A- 
286;   1915C-980. 

Competency  of  person  claiming  property 
of  decedent  as  widow  to  testify  to 
fact  of  marriage.     1912A-881. 

Criminal  conversation,  proof  of  marriage 
in  action  for.     15-870;   1917A-755. 

Divorce,  necessity  and  sufficiency  of  proof 
of  marriage  as  prerequisite  to  allow- 
ance of  temporary  alimony.  10-558; 
1913A-664. 

Eye-witness,  marriage  ceremony  as  prov- 
able by  testimony.     1916A-653. 

Family  record,  admissibility  of  entry  to 
show  marriage,  where  person  making 
entry  is  aUve.     6-59. 

C.  EFFECT  of  Marriage. 

Alimony  ■  decree  of  divorced  wife  as  ef- 
fected  by   her   remarriage.     11-523. 

Bastardy  proceedings  as  affected  by  mar- 
riage  of  woman.     19-389. 

Citizenship  of  woman  as  affected  by  mar- 
riage.    1915B-265;    1916E-648. 

Debt?  between  parties  as  extinguished  by 
marriage.     16-221. 


548     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


MABBIA6E — Continued. 

Emancipation   of   child  by  marriage.     17- 

785. 

School  teachers,  marriage  of  woman 
teacher  as  ground  for  removal. 
1917D-271. 

Seduction,  subsequent  marriage  of  par- 
ties as  terminating  or  suspending 
prosecution  for  seduction.     14-344. 

Wills,  marriage  and  birth  of  issue  as 
revocation   of  will.     7-786. 

— subsequent  marriage  of  testator  as  re- 
voking will  under  statute  making 
wife    heir   of    husband.     17-1142. 

— woman's  will  as  revoked  by  her  subse- 
quent marriage.  1913A-218;  1917C- 
1039. 

2.    Validity. 

Cohabitation     as     constituting     marriage. 

1-202. 

v 

Common-law  marriage,  validity  in  Amer- 
ican jurisdictions.  1912D-598;  1917E- 
252. 

— ^necessity    of   cohabitation.     1915C-101S. 

Deaf  and  dumb  person,  capacity  to  con- 
tract  marriage.     1913B-1240. 

Divorce,  effect  of  marriage  within  pre- 
scribed time  after  divorce.  1-202; 
1918E-557. 

— evasion  of  decree  or  statute  prohibiting 
remarriage  of  party  or  parties,  valid- 
ity   of    marriage    contracted.     15-759. 

— extraterritorial  effect  of  divorce  decree 
or  statute  prohibiting  remarriage 
after  divorce.     15-758;   1918E-1074. 

— remarrying  in  foreign  jurisdiction  after 
decree  of  divorce  forbidding  remar- 
riage as  contempt  of  court.  1914A- 
1175. 

Drunkenness  as  rendering  ceremony  of 
marriage   invalid.     1913B-124a. 

Duress,  marriage  to  avoid  prosecution  for 
seduction  as  voidable  for  duress,  14- 
869. 

Foreign  marriages.  3-1054;  12-577; 
1912C-625;    1915B-1002. 

Indians,  common-law  marriages  between. 
1918E-380. 

License,  validity  of  marriage  without  li- 
cense required  by  statute.  7-784;  14- 
593. 


MAKBIA6E — Continued. 

Marriage  originally  void  because  of  legal 
impediment,  status  where  cohabita- 
tion is  continued  after  removal  of 
impediment.     6-484;   1913D-544. 

Mental  capacity,  degree  of  incapacity 
sufficient  to  invalidate  marriage. 
1913B-1234. 

— marriage  and  contract  capacity  con- 
trasted.    1913B-1238. 

— unsound  mind,  marriage  with  person  as 
void  or  voidable.     1912D-1127. 

Minor's  marriage  without  consent  of 
parents  or  guardian  required  by  stat- 
ute,   validity.     17-94. 

Presumption  as  to  capacity  to  contract 
marriage.     1913B-1242. 

Eelationship  of  parties,  marriage  within 
prohibited  degrees  as  void  or  void- 
able.    1-613;  1917C-151. 

Subsequent  marriage,  presumption  and 
burden  of  proof  as  to  validity.  17- 
680;   1918E-1233. 


3.    Marriage  Brokerage. 
Brokerage    contracts.     1-696. 

Matrimonial  agency,  advertising  as 
scheme  to  defraud  within  federal 
statute  prohibiting  use  of  mails  in 
furtherance.     1914D-1247. 

4.  Restraint  of  Marriage. 

Contracts  in  restraint  of  marriage,  legal- 
ity.    4-732;   10-572. 

Deeds,  validity  of  condition  in  restraint 
of  marriage.     1917D-282. 

Testamentary  disposition  in  restraint  of 
marriage,  validity.  5-138;  9-1143; 
1918B-1141. 

"Wills,  validity  of  legacy  or  devise  condi- 
tioned on  recipient  obtaining  divorce 
or  separation  from  spouse.  1917B- 
167. 

5.  Annulment  of  Marriage. 

Alimony  pendente  lite  and  counsel  fees, 
power  of  court  to  grant  in  action  to 
annul   marriage.     5-380;    20-1347. 

Compensation  for  wife's  services,  power 
of  court  on  dissolving  marriage  to 
order   payment.     1914B-S51. 


MARRIED  WOMEN'S  ACTS— MASSAGE. 


549 


MABBIAGE — Continued. 

Concealment  of  unchastity  or  prior  mar- 
riage as  ground  for  annulment. 
1914C-1291. 

Dissolution  by  other  than  court  decree, 
validity  in  another  jurisdiction. 
1913D-537. 

Duress,  marriage  to  avoid  prosecution  for 
seduction  as  voidable  for  duress.  14- 
869. 

Evidence,  quantum  of  proof  required  to 
invalidate  marriage  on  the  ground  of 
mental  incapacity.     1913B-1242. 

Hearing  of  action  in  camera,  right  of 
court.     1913E-639. 

Impotency  as  ground  for  annulment. 
1913A-128. 

Insanity,  fraud  in  concealing  as  ground 
for  annulment.     12-28. 

Intent  of  man  contracting  marriage  not 
to  continue '  relation  as  ground  for 
annulment.     1915A-829;    1916E-924. 

—woman's  intent  on  contracting  mar- 
riage not  to  assume  marital  relation 
as  ground  for  annulment.     1918E-191. 

Parties  in  pari  delicto,  right  to  annul- 
ment of  void  marriage.     1913D-456. 

Physical  or  mental  health,  fraud  in  con- 
cealing or  misrepresenting  as  ground 
for    annulment.     12-28. 

Residence  of  plaintiff,  statutory  provi- 
sions governing  divorce  actions  as  ap- 
plicable to  action  to  annul  marriage. 
1912C-593. 

Support  of  wife  or  child,  right  to  provi- 
sion on  annulment  of  marriage.  14- 
885. 

Violence  or  duress  as  ground  for  annul- 
ment.    20-1375. 


MARRIED   WOMEN'S  ACTS— Continued. 

Limitation  of  actions,  Married  "Women's 
Act  as  affecting  statute  generally. 
8-817. 

^running  of  statute  against  claims  exist- 
ing between  husband  and  wife  as  af- 
fected by.     1914C-570. 

Paraphernalia  of  wife,  ownership  as  af- 
fected by  act.     16-509. 

MARRIED  WOMEN. 
See  Husband  and  Wife, 


MARSHALINa  ASSETS. 

Homestead  lands,  doctrine  as  applied  to. 
17-1061. 

Inverse    order    of    alienation    within    doc- 
trine.    1916D-1119,  1135. 


MARSHALS. 

Carrying  concealed  weapon,  city  marshal 
as  exempt  from  statute  against. 
1914A-253. 

Fees  of  marshal,  personal  liability  of  at- 
torney.    1917B-521. 


MARSHES. 

Drainage  of  surface  waters.     2-198. 


MARTIAL  LAW. 

See  War. 

-Definition,  distinctions  and  extent.  1914C- 
23;    1916A-1175. 

Trial  in  military  court  as  bar  to  prosecu- 
tion in  civil  court  and  vice  versa. 
11-645. 


MARRIED  WOMEN'S 
ACTS. 

"Conveyance"  as  including  lease.     1913D- 
1001. 

Estates  by  entirety  as  subject  to   claims 

of    creditors    within    purview    of    act. 

12-54;    1912C-1243. 
■ — effect  of  act  on  tenancies  by  entirety. 

2-560. 
— profits,    crops    and    usufruct    of    estate, 

wife's    right    as   affected   by   act.     4- 

1102. 


MASONIC  LODGES. 

Charitable  institution  within  purview  of 
tax  exemption  laws.  1912A-1187; 
1918E-1043. 


MASSAGE. 

Special  regulation  of  treatment  of  disease 
by    massage,   validity.     1917B-798. 

Treatment  of  diseases  by  massage  as 
practice  of  medicine.  1913C-480; 
1916A-S61;     1917E-1165;     1918B-119. 


550    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


MASSES. 

Bequest     for    celebration,     validity.    14- 
1025;   1915D-1122. 


IVLA^STER  AND  SERVANT. 

1.  Belation  and  Kights  of  Parties. 

A.  In  General. 

B.  Discharge  of  Servant. 

C.  Compensation. 

2.  Liability  of  Master  for  Injury  to  Ser- 

vant. 

A.  Persons  to  Whom  Liable. 

B.  Negligence  Generally. 

C.  Delegation  of  Duties. 

D.  Competency  and  Number  of  Ser- 

vants. 

E.  Inspection  on  Part  of  Master. 

F.  Warning  and  Instruction. 

G.  Safe    Appliances    and    Places    op 

Work. 

H.    Contributory  Negligence. 

I.  Assumption  op  Kisk. 
J.  Fellow-servants.  - 

K.  Limitation  op  Liability. 
L.  Proof  of  Cause  of  Injury. 
M.  Relief  Departments. 
N.  Liability    Insurance. 
O.  Actions. 

3.  Liability  of  Master  to  Third  Persons. 

4.  Liability  of  Servant  and  Third  Person 

Inter  Se. 
D.  Liability  of  Servant  to  Master. 

6.  Joint  Liability  of  Master  and  Servant 

to  Third  Persons. 

7.  Chriminal  Responsibility. 

See  Employers'  Liability  Acts;  Independ- 
ent Contractors;  Labor  Laws;  Work- 
men's Compensation.. 

1.    Eolation   and    Bights    of   Parties. 
A.    In  General. 

Blacklisting    agreement,    validity.     1-474; 

1917A-644. 
Burglary,  unauthorized   entry  of   premises 

by    employee    of    owner,    burglarious 

entry.     1916E-534. 

Change  of  employment  as  breach  of  con- 
tract of  service.     20-664. 

Child  labor  employment,  validity  and  con- 
struction of  prohibitory  acts.  9- 
llOS;  15-473;  1913&-339. 


MASTER  AND  SERVANT— Continued. 

Coercion  of  employer  by  threats  to  strike, 
as  unlawful  act.     3-974. 

Continuous  service  or  employment  as  re- 
quired by  contract  for  prescribed 
length   of  time.     1915D-1081. 

Contract  of  employment,  supplementing 
by  proof  of  collateral  oral  agreement. 
1914A-458. 

Corporation,  authority  of  general  man- 
ager or  agent  to  hire  employees. 
1914B-831. 

— employee  as  competent  attesting  wit- 
ness to  deed  or   mortgage.     15-592. 

Criminal  liability  for  breach  of  contract 
by  employee,  constitutional  provision 
against  imprisonment  for  debt  as  con- 
travened by  statute  imposing.  14— 
1060. 

— servant  who  has  received  advances,  va- 
lidity of  statute  making  breach  of 
contract  punishable  as  crime.     7-959. 

Death,  master  dying  during  term  of  ser- 
vice, rights  and  liabilities  of  parties 
to  contract  of  employment.  1913E- 
902. 

— servant  dying  during  term  of  service, 
rights  and  liabilities  of  parties  to 
contract   of   employment.     17-182. 

Distinction  between  oflSce  and  employ- 
ment.    17-451;    1917D-319. 

Drainage  district,  employees  of.  1915C— 
29. 

Duration  of  general  contract  of  hiring  for 
indefinite  time.     8-280;  1913D-218. 

Enticing  servant  to  quit  service,  liability 
for.     2-442;   8-889. 

Federal  Hours  of  Service  Act,  construc- 
tion.    1915D-456. 

Frauds,  statute  of,  contract  for  year's 
employment  to  commence  in  future, 
validity  within  statute.     5-330. 

Independent  contractors,  who  are.  19-3; 
1913B-573;   1918C-627. 

Interference  with  contract  relations,  civil 
liability  of  third  persons.  2-442;  11- 
337;    1912B-1162;    1915D-d22. 

Labor  unions,  agreement  of  employer  with 
labor  union  as  affecting  rights  of 
member  of  union.     1915B-101. 

— discharge  of  union  employees,  validity 
of  laws  prohibiting.     1-939;  13-773. 


MASTER  AND  SERVANT. 


551 


MASTER  AND  SERVANT— Continued. 

— refusal  to  employ  union  labor  as  penal 
offense.     7-121. 

Landlord  and  tenant,  person  occupying 
premises  of  employer  as  part  of  com- 
pensation as  tenant  of  owner.  1916C— 

nil. 

Libel  and  slander,  statement  with  respect 
to  character  of  domestic  servant  as 
privileged.     1917A-342. 

Patents,  right  to  invention  where  servant 
is  employed  to  embody  master's  con- 
ception in  practical  form.     10-553. 

Peonage,  constitutional  and  statutory  pro- 
visions.    3-321;      14-llS;      1915B-498. 

Personal  services,  what  is  contract  there- 
for within  rule  that  damages  for 
breach  may  be  mitigated  by  earn- 
ings of  employee  in  other  employ- 
ment.    1914A-810. 

Railroad  employees,  meaning  of  "family" 
as  used  in  Interstate  Commerce  Act 
authorizing  issuance  of  free  ticket  to 
employees    and    families.     191^B-326. 

— qualifications,  validity  of  statute  pre- 
scribing.    1915D-423. 

Release  given  in  consideration  of  re-em- 
ployment by  release,  validity.     4-647. 

Resignation  of  employee,  effect  on  rights 
of  parties  to  contract  of  employment. 
1916A-1011. 

Restraint  of  trade,  contract  by  servant 
not  to  engage  in  similar  business  as 
master  after  termination  of  employ- 
ment, validity.  8-155;  1914A-500; 
1916D-547. 

— covenant  by  employee  not  to  engage  in 
same  business  as  enforceable  by  in- 
junction.    15-694;    1916C-1S9. 

Term  of  employment  and  rate  of  compen- 
sation of  one  continuing  in  service 
after  termination  of  contract.  1918B- 
1176. 

Time  as  essence  of  contract  to  enter  em- 
ployment of   another.     191SD-756. 

Trade  secrets  of  master,  duty  of  .servant 
with  regard  to.  17-144;  1914C-631; 
1918C-1026. 

Witnesses,  information  acquired  in  em- 
ployment as  privileged  from  dis- 
closure.    1916C-701. 

Existence  of  Relation. 

Convict  laborer,  employment  as  establish- 
ing relation  of  master  and  servant. 
13-168;    1912B-565. 


MASTER  AND  SERVANT— Continued. 

Crop  sharing,  relation  between  owner  of 
premises  and  person  working  land  for 
share.     1914B-148. 

Person  hired  by  one  but  paid  by  an- 
other, to  whom  he  bears  relation  of 
servant.     1913B-912. 

Railroad  and  sleeping-car  employee  as  sus- 
taining relation  of  master  and  ser- 
vant.    12-739. 

Stopping  work  temporarily  by  employee 
for  own  purposes,  effect  on  relation 
of  employee  as  such.  1913C-942; 
1918A-1194. 


B.      DiSCHABGE    OP    SeEVANT. 

Absence  or  tardiness  as  ground  for  dis- 
charge.    1916A-1024. 

Contract  for  definite  period  providing 
services  are  satisfactory,  right  of  mas- 
ter to  discharge  servant.  11-840; 
1915A-74i9. 

Disobedience  of  order  or  rule  as  ground 
for   discharge.     1916A-1027. 

Engaging  in  other  business  or  employ- 
ment as  ground  for  discharge.  1916A- 
1032. 

Insolvency  or  disrespect  as  ground  for 
discharge.     1916A-1016. 

Intoxication  as  ground  for  discharge. 
1916A-1019. 

Neglect  of  duty  as  ground  for  discharge. 
1916A-1022. 

Reasons  for  discharge,  constitutional 
liberty  of  speech  and  press  as  in- 
fringed by  statute  prohibiting  dis- 
charge without  giving  reason.  15-S'; 
1915B-1185. 

— validity  of  statute  requiring  master  to 
give   reason  for  discharge.     18-348. 

Sexual  immorality  of  servant  as  ground 
for  discharge.     17-360. 

Sufficiency  of  ground  for  discharge  as 
question  of  law  or  fact.     1916A-1040. 

Waiver  by  master  of  right  to  discharge 
servant.     19-877. 

C.    Compensation. 

Action  for  wages,  what  may  be  shown  as 
defense    or   setoff.     1918D-79. 

Assignment  of  unearned  wages,  validity. 
5-64;  1913B-531;  1915C-691;  1917A- 
760. 


552    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


MASTER  AND  SERVANT— Continued. 

Extra  services  performed,  right  of  ser- 
vant to  recover  pay.     12-663. 

Forfeiture  of  wages,  breach  of  rules  by 
servant   as   ground.     1914A-46. 

Illness  of  servant,  right  to  recover  wages 
for  time  lost  on  account  thereof. 
1912A-1181. 

Minimum  wage  rate,  private  employment, 
validity  of  statute  fixing.     1918D-465. 

— public  work,  validity  of  statute  or  ordi- 
nance fixing.     1913E-990. 

Priority     of     wage      claim,     bankruptcy, 

wages  as  preferred  claim.     1916D-343. 
— statutory    lien    for    employees'    wages, 

priority.     10-344. 
— validity  of  statute  giving  employee  lien 

for   wages    superior   to    lien   of   prior 

mortgage.     4-1027. 

Profit-sharing  agreements  between  em- 
ployer and  employee.  1914A-797; 
1916B-762. 

- — legal  meaning  of  word  "profits"  in  sal- 
ary contract.     20^6S8. 

Salary  and  wages,  distinction  between. 
1917B-321. 

Seamen,  what  constitutes  "loss"  within 
meaning  of  statute  terminating  sea- 
men's wages  upon  loss  of  vessel. 
1916D-688. 

Statute  relating  to  wages,  effect  of  par- 
tial  invalidity.     1916D-68. 

Store  order  acts,  constitutionality.  1- 
417;   14-620. 

Time  of  payment  of  wages,  validity  of 
statutes  regulating.  9-238;  13-482; 
1916B-135. 

Tips  as  part  of  earnings  or  wages.  14- 
336;  1918B-1122. 

Unexpired  contract  period,  liability  of 
employer  for  wages  where  he  goes 
out  of  business.     6-236. 

Wilful  breach  of  duty  as  affecting  re- 
covery   for    services.     5-613. 

Wrongful  dismissal,  right  of  servant  to 
recover  wages  subsequent  thereto. 
13-112;  1912B-365;  1916A-472. 

2.    Liability    of    Master    for    Injury    to 
Servant. 

A.    Persons  to  Whom  Liable. 

Automobiles,  liability  of  owner  to 
chauffeur  for  personal  injuries. 
1916E-1090. 


MASTER  AND  SERVANT— Continued. 

Domestic  servant,  liability  of  master  to. 
1917I>-499. 

False  imprisonment,  refusing  servant 
means  of  leaving  mine  as  constitut- 
ing.    1915C-822. 

Infant  employed  without  consent  or  con- 
trary to  agreement  with  parent,  lia- 
bility of  master  to  parent  for  in- 
juries.    1913C-234. 

Loan  of  employee  of  another  to  master, 
duty   and  liability  of   latter.     20-442. 

Services  without  pay  for  purpose  of  learn- 
ing business,  liability  of  master  to 
one   performing.     7-63S;   11-177. 

Substitute  or  assistant  employed  by  ser- 
vant, liability  of  master  to  such  per- 
son.    4-444;  14-389;  1913C-792. 

Sunday  labor  in  violation  of  statute,  lia- 
bility of  master  to  servant  injured 
while  working.     1912C-397. 

Transf^  of  business  in  which  servant  is 
employed  after  commencement  of  con- 
0  tract  of  employment  and  without  no- 
tice   to    servant,    liability    of    master 
for  injuries  to  servant.     1914A-474. 

Watchmen,  night  watchman,  duty  and  lia- 
biUty  of  master  to.     1912C-1036. 

— railroad  watchman,  duty  and  liability 
of    master    to.     1912C-1037. 

B.    Negligence   Geneeally. 

Defect  in  car-coupling  apparatus,  neces- 
sity that  employer  have  knowledge  to 
be  liable  to  servant  for  resulting  in- 
jury.    4-763;  21-86. 

Experimenting  with  new  and  untried  de- 
vice as  negligence  on  part  of  em- 
ployer.    1912C-335. 

Flagging  approaching  train,  duty  and  lia- 
bility of  railroad  company  to  train 
employee  sent  out  for  purpose.  18- 
1143. 

Flying-switch  as  negligence  with  refer- 
ence to  employees  of  railroad.  10- 
19;    1912D-344. 

Food,  unfit  or  bad,  liability  of  master 
for  furnishing  to  servant.  1912D- 
776. 

Hospital  for  servants,  negligence  of  em- 
ployees, liability  of  master  conduct- 
ing hospital.     14-749. 


MASTER  AND  SERVANT. 


553 


MASTER  AND  SERVANT— Continued. 

Imputation  of  negligence  arising  from 
relation  of  master  and  servant. 
1912A-648. 

Medical   aid    to   injured    servant,   liability 

of     master     for     failure     to     furnish. 

1915D-507. 
— right   of   employee  to  resort  to   outside 

physician    where    aid    is    provided   hy 

employer.     1918D-1053. 

Minor  employed  in  violation  of  statute 
as  negligence  on  part  of  employer. 
8-644;    14-123;    1912B-803. 

Repair  of  public  highway,  liability  of 
town  for  injuries  to  employee  caused 
by    negligence   of   officer.     1914A-55S. 

Signals,  misinterpretation  by  railroad  em- 
ployee   as    negligence.     1915A-1265, 

— failure  of  railroad  to  sound  statutory 
signals  as  negligence  toward  employee 
working  at  place  other  than  cross- 
ing.    16-1112. 

Speed  of  train,  liability  of  railroad  to 
employee  on  train  for  injuries  caused 
thereby.     21-806. 

Statutory  duty,  neglect  by  employer  as 
permitting  action  by  employee  for 
personal  injuries  notwithstanding 
Workmen's  Compensation  Act.  1918D- 
334. 

Sudden  stopping  of  train,  liability  of  rail- 
road company  to  trainman  injured 
thereby.     19-1248. 

C.    Delegation  or  Duties. 

Guarding  shafting,  statutory  duty  of 
master    as    nondelegable.     1914A-664. 

Switches,  duty  to  set  switch  as  delegable 
by  master.     14-382;  1912B-385. 

■Vi'arning  and  instructing  servant,  duty  of 
master  as  discharged  by  delegation  to 
servant.     11-105. 

D.    Competency    and    Numbee    of    Ser- 
vants. 

Excessive  hours  of  employment,  liability 
of  master  for  injuries  to  servant 
caused  by.     7-191;   18-844. 

Failure  to  provide  sufficient  number  of 
servants  to  perform  particular  act, 
liability  of  master  to  servant  for  in- 
jury   caused    by,     19-1044. 

Full  Crew  Acts,  validity  and  constrjiction. 
1913B-162. 


MASTER  AND  SERVANT— Continued. 

General  reputation  of  fellow-servant  for 
incompetency,  evidence  in  action  by 
servant  against  master.     18-927. 

Incompetent  servant,  who  is  within  law 
of    master    and    servant.     19I2C-96. 

Opinion  evidence  as  to  competency  of  ser- 
vant,   admissibility.     19-1151. 


E.    Inspection  on  Part  op  Master. 

Boiler  inspection,  construction  of  federal 
act.     1918C-584. 

Premises,  injuries  to  servant,  liability  of 
master  on  ground  of  failure  to  in- 
spect premises,  where  duty  is  on  in- 
jured servant.     17-1087. 

Public  official's  inspection  of  machinery, 
material,  etc.,  as  relieving  master  of 
duty   to  inspect.     14-71. 

Tools,  duty  of  master  to  inspect  common 
or    simple    tools.     7-342;    1912 A-1 004. 

Torpedoes,  duty  of  railroad  to  inspect. 
19-1099. 


F.    Warning  and  Instruction. 

Explosives  used  in  prosecution  of  work, 
for  which  servant  is  employed,  duty 
of  master  to  warn  servant  of  dis- 
charge.    12-248. 

Flagman  af  crossing,  duty  of  railroad  to 
warn   of   approach   of   trains.     ll-51. 

Infant  servant,  duty  of  master  to  warn 
and  instruct.  3-368;  17-487;  1914A- 
609. 

Scientific  facts,  duty  of  master  to  in- 
struct  servant   as   to.     19-1154. 

G.     Safe     Appliances     and     Places     of 
Work. 

Animal  furnished  to  servant,  duty  and 
liability  of  master  with  respect  to. 
19-863;   1917A-309. 

Appliances,    care    required    of    master    in 

providing.     1-340. 
— meaning    of    term    "appliance"    as    used 

in    law    of    master    and    servant.     19- 

151. 

Belts,  breaking  of  belt  on  machinery, 
liability  of  master  to  servant  for  in- 
juries caused.     21-94. 

Blocking  frogs,  switches  and  guard-rails, 
duty  of  railroad  company.  9-498; 
1916E-642. 


554    IN]:>EX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


MASTER  AND  SERVANT— Continued. 

Bridge  construction,  duty  and  liability 
of  master  to  servant  engaged  in 
work.     21-763. 

Cars  standing  idle,  liability  of  railroad 
or  street  railway  for  injuries  to  ser- 
vant resulting  from  failure  to  block 
or  secure.     1914A-572. 

Changes  or  repairs  made  in  machinery 
or  appliances  after  accident,  admissi- 
bility in  evidence  in  action  by  ser- 
vant against  master.  11-502;  1913E- 
356. 

Collapse  of  building,  liability  of  master 
to  servant  for  injuries.     18-8. 

Couplers,  construction  of  federal  Safety 
Appliance  Act  in  reference  to  keep- 
ing couplers  in  repair.     14-239. 

— failure  of  railroad  to  equip  with  auto- 
matic couplers  as  negligence  per  se. 
10-701. 

Derrick,  injuries  caused  by,  liability  of 
master   to   servant.     20-896. 

Emery-wheel,  servant  injured  by  burst- 
ing.    1912B-1334. 

Federal  Safety  Appliance  Act,  when  car  is 
engaged  in  interstate  commerce 
within    meaning    of    act.     21-390. 

Felling  tree  or  pulling  down  other  object, 
liability  of  master  to  servant  for  in- 
juries  received.     20-249. 

Guarding  machinery  from  which  servant 
has  sustained  injury,  burden  of  proof 
and  sufficfency  of  evidence  as  to 
practicability.     18-133. 

Health  and  safety  of  employees,  constitu- 
tionality   of    statutes    providing    for. 

2-780. 

Lights,  liability  of  master  for  injuries 
received  by  servant  in  place  not  suffi- 
ciently lighted.     20-2. 

"Machinery,"  meaning  of  term  with  re- 
spect to  duty  of  employer.  1918E- 
204. 

Mail-crane,  location  near  railroad  track 
as  actionable  negligence.  9-1002; 
1916E-717. 

Mangles,  injury  to  servant  operating 
mangle,  liability  of  master.     17-1104. 

Mines,  falling  of  roof  of  mine,  liability 
of  mine  owner  to  servant  for  in- 
juries   caused.     1912B-577. 

— independent  contractor,  negligence  re- 
sulting in  injury  to  contractor's  ser- 


IMASTEE  AND  SERVANT— Continued. 

vant,      liability      of      mine      owner. 

1912A-596. 
— premature    explosion,    liability    of    mine 

owner  to  servant  for  injuries  caused. 

1913C-954. 
— "working  place,"  what  is  under  statute 

requiring     miner     to     keep     working 

place  safe.     1915A-1231. 

Object  falling  from  passing  train,  lia- 
bility of  railroad  to  employee  injured. 
1913D-48. 

Passing  to  and  from  work,  duty  of  master 
to  provide  safe  place  for  servant. 
5-712;   1913E-1033. 

Personal  injury  of  servant  not  caused  by 
negligence  of  master  but  aggravated 
by  use  of  machinery  or  appliance, 
right   to   recover   damages.     21-1117. 

"Require,"  legal  meaning  in  statute  re- 
lating to  protection  of  minors  and 
women  employed  about  machinery. 
1912A-1238. 

Eunaway  horse,  liability  of  master  for 
injury  to  servant.     1916E-1117. 

Eunning  engine  or  train  backward  as 
negligence  with  respect  to  employees 
lawfully  on  right  of  way  or  rolling 
stock.     1913D-8. 

•—train  run  on  wrong  or  unusual  track 
as  negligence.     1917A-937. 

Safe  place  to  work,  master's  duty  to  fur- 
nish as  applicable  to  servant  making 
place  safe  or  in  good  repair.  12- 
623. 

Saw  operated  by  machinery,  liability  of 
master  for  injuries  to  servant. 
1913C-125. 

Scaffolding,  liability  of  master  to  ser- 
vant for  injuries  caused  by  fall. 
18-611;    1913B-1123. 

Shafting,  duty  and  liability  of  master 
in  respect  to  guarding.  18-652; 
1914A-658. 

Sliding  of  rock,  earth,  etc.,  in  trench, 
quarry  or  other  excavation,  liability 
of  master  for  injuries  to  servant. 
7-301;   21-708. 

Street-cars,  employee  injured  on  running- 
board  of  car  by  coming  in  contact 
with  structure  or  other  object  near 
car,  liability  of  street  railway  com- 
pany.    1913E-1072. 

Structure  near  track,  negligence  of  rail- 
road      in       constructing       permanent 


MASTER  AND  SERVANT. 


555 


MASTER  Ain>  SERVANT— Continued. 

structure   close  to  tracks  as  question 
of  law  or  fact.     7-331. 

Third  person's  premises,  duty  of  master 
to  furnish  safe  appliances  or  safe 
place  to  work  as  applicable  to  ser- 
vant sent  to  work  thereon.  1913B- 
796. 

Torpedoes,  duty  and  liability  of  master 
to  servant  with  respect  to  use  of 
railroad  torpedoes.     19-1097. 

Train,  what  constitutes  within  federal 
Safety    Appliance    Act.     1915C-667. 

Wash-room  for  employees,  validity  of 
statute  requiring  master  to  furnish. 
1915D-991. 

H.      CONTKraUTORY   NEGLIGENCE. 

Burden  of  proof  as  to  contributory  negli- 
gence.    10-4. 

Disobedience  of  rules  or  regulations  of 
master  as  affecting  right  of  servant 
to  recover  for  personal  injuries.  8— 
3;   10-152;  1912A-84. 

Failure  to  use  appliances  furnished  as 
contributory  negligence  on  part  of 
servant.     3-41. 

Federal  Safety  Appliance  Act,  contribu- 
tory negligence  as  defense  there- 
under.    1914D-386, 

Forgetfulness  of  known  danger  as  negli- 
gence  of   servant.     1913B-1197. 

Illness  of  employee  injured  as  proximate 
cause  of  injury.     2-734. 

Latent  danger,  burden  of  proof  of  knowl- 
edge  by    employee.     11-116. 

Remaining  at  work  with  incompetent 
fellow-servant  after  master's  promise 
to  remove  him  as  contributory  negli- 
gence.    11-625. 

Rule  promulgated  by  master  for  guid- 
ance of  servant,  reasonableness  as 
question  of  law  or  fact.     1913C-187. 

Statutes  affecting  defense  of  contributory 
negligence  in  actions  by  servants 
against   master.     5-633. 

"Railroad  Employees. 

Coupling  cars,  contributory  negligence  of 
servant  in  failing  to  choose  safer  of 
two   ways.     15-995. 

Crossing  tracks,  duty  of  railroad  em- 
ployee to  look  out  for  approaching 
trains.     11-211. 


MASTER  AND  SERVANT— Continued. 

Jumping  from  moving  train,  failure  of 
master  to  furnish  safe  machinery  or 
appliances,  jumping  by  railroad  em- 
ployee as  contributory  negligence. 
17-1221. 

— threatened  collision,  contributory  negli- 
gence of  railroad  employee  in  jump- 
ing  to    avoid.     10-766. 

Misinterpretation  of  signal  by  railroad 
employee  as  negligence.     1915A-1265. 

Riding  on  pilot  of  engine  by  railroad  em- 
ployee as  contributory  negligence. 
16-273. 

Track-hands,  duty  to  look  out  for  and 
avoid  passing  trains.  8-332;  1913A- 
440. 

I.    Assumption  op  Risk. 

Distinction  between  defenses  of  assump- 
tion of  risk  and  contributory  negli- 
gence.    18-960. 

Federal  Employers'  Liability  Act,  as- 
sumption of  risk  under  act.  1915B- 
481;    1917D-922. 

Flying-switches,  employees  on  cars  moved 
as   assuming   risk.     10-19. 

Incompetent  fellow-servant,  remaining  at 
work  after  master's  promise  to  re- 
move him  as  assumption  of  risk, 
11-625. 

Infant  servant,  assumption  of  risks  after 
warning  as  exonerating  master.  3- 
383. 

Lifting  heavy  objects,  assumption  or  risk 
by   servant   in   undertaking.     17-241. 

Lineman,  applicability  of  doctrine  of  as- 
sumption of  risk.  15-598;  1912B- 
467. 

Obeying  unauthorized  orders  as  assiimp- 
tion  of  risk  by  employee.     19-379. 

Orders  of  master,  assumption  of  risk  by 
servant  in  performing  act  thereunder. 
7-435. 

Promise  by  master  to  furnish  additional 
safoty  appliance  or  instrumentality 
as  relieving  servant  from  assumption 
of  risk.     17-896. 

' — repairs  promised  by  master  as  affect- 
ing servant's  assumption  of  risk. 
4-153;    9-1011;    1913C-505. 

Question  of  law  or  fact,  assumption  of 
risk  arising  after  commencement  of 
employment.     3-814. 


556    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918B. 


MASTER  AND  SERVANT— Continued. 

Railroad  employee,  handling  defective  or 
disabled  cars  as  assumption  of  risk. 
8-422. 

Sliding  of  rock,  earth,  etc.,  in  trench, 
quarry  or  other  excavation,  liability 
for  injuries  caused  to  servant.  7- 
301;   21-708. 

Statutory  duty  of  employer,  failure  to 
perform  as  affecting  defense  of  as- 
sumption of  risk.  4—599;  5-456;  13- 
36;  1913C-210;  191SA-128. 

Tools,  assumption  of  risk  of  defects  in 
common  tools.     7-342. 

Unguarded  shafting,  assumption  of  risk 
by  servant.     1914A-659,  662, 

J.      FELIiOW-SEEVANTS. 

Abrogation  of  fellow-servant  doctrine, 
constitutionality  of  statute.  10-1113; 
19-196. 

Assault  on  servant  committed  by  su- 
perior servant,  liability  of  master. 
10-377. 

Conflict  of  laws  as  to  fellow-servant  doc- 
trine.    7-257. 

Disobedience  of  rules  by  fellow-servant, 
liability  of  master  for  injuries  to  ser- 
vant caused  thereby.     21-941, 

Domestic  servant  as  fellow-servant  of 
child  or  other  servant  of  employer. 
21-304, 

Dual  capacity  doctrine  with  respect  to 
vice-principal  or  fellow-servant.  1- 
143, 

Employee  of  another  injured  by  person, 
liability  of  latter  where  negligence 
of  fellow-servant  of  employee  con- 
tributes   to    injury.     7-1181. 

Estoppel  of  master  to  invoke  fellow- 
servant  doctrine  by  failure  to  com- 
ply with  statutory  regulation.  10- 
43. 

Forced  labor,  liability  for  injury  to  per- 
son performing  for  negligence  of  co- 
worker.    4-479. 

Hodcarrier  as  fellow-servant  of  other 
employee.     1912A-1009. 

Lineman  of  electric  company  as  fellow- 
servant  of  employee  in  power-house. 
17-467. 

Mines,  boss  or  foreman  employed  pur- 
suant   to    statute,    negligence    causing 


MASTER  AND  SERVANT— Continued. 

injury  to   employee,  liability  of  mine 
owner,     10-747;   19-514. 
— employees    of    mine    as    fellow-servants. 
21-103. 

Playful  or  mischievous  act  of  fellow- 
servant,  liability  of  master  to  ser- 
vant  injured   thereby,     1912C-422. 

Pleading,  necessity  that  master  plead 
negligence  of  fellow-servant  in  order 
to  set  up  defense  in  action  by  ser- 
vant for  injuries.     1913A-981. 

Question  of  law  or  fact  as  to  whether  em- 
ployees are  fellow-servants.  1912I>- 
75. 

Biding  to  or  from  work  by  employee  in 
master's  vehicle,  applicability  of  fel- 
low-servant doctrine.  11-374;  16-289; 
1912D-63. 

Selection  of  appliance  or  material  from 
supply  provided,  liability  of  master 
for  negligence  of  fellow-servant,  2- 
909;   10-207. 

Ships  and  shipping,  memi)ers  of  crew  of 
vessel   as   fellow-servants.     21-110, 

Superior  servant,  personal  liability  to  un- 
der servant  for  act  of  coemployee, 
1915C-111. 


Bailroad  Employees. 

Abrogation  of  fellow-servant  doctrine  as 
to  railroads,  employees  within  mean- 
ing of  statute.     11-924;   17-514. 

— kind  of  railroad  intended  by  constitu- 
tional or  statutory  provision  abrogat- 
ing  doctrine.     8-1086;    1912D-64S. 

Car  or  track  inspector  as  fellow-servant 
of  other  railroad  employees.     13-274. 

Conductor  as  fellow-servant  of  members 
of  train  crew,     3-919. 

Engineer  of  train  and  trainman  or  brake- 
man  as  fellow-servants.     13-1107. 

Palace-car  and  railroad  company  servants 
as  constituting  fellow-servants.  13- 
1146, 

Railroad  employees  on  different  trains  as 
fellow-servants.     4-1031;  21-1236. 

Section-hand  as  fellow-servant  of  other 
railroad  employees.     8-232, 

Train-dispatcher,  telegraph  operator,  or 
car-starter  as  fellow-servant  of  other 
railroad  employees.  9-788;  1912D- 
882. 


MASTER  AND  SERVANT. 


557 


MASTER  AND  SERVANT— Continued.  MASTER  AND  SERVANT— Continued. 

Union  depot  company  employee  as  fellow-  — right  of  jury  to  consider  fact  that  em- 
servant  or  employee  of  railroad  com-  ployer  is  insured  against  accidents  to 
pany  using  depot.     18^278.  employees.     3-554;    9-323;    1913C-359. 


K.    Limitation  of  Liability. 

Agreement  limiting  liability  of  master  to 
servant  for  future  negligence,  validity 
and  effect.  6-3;  1912A-1152;  191SB- 
293. 

Circus  owner's  contract  with  carrier  lim- 
iting liability  of  latter  for  injuries 
to  employees  of  former,  validity  and 
effect.     12-1077. 

Sleeping-car  company's  contract  with  rail- 
road releasing  latter  from  liability 
to  employees,  cars  of  latter  hauled  by 
former,  validity  and  enforceability. 
1915B-534. 

L.    Proof  or  Cause  of  Injuet. 

Actual  cause  of  injury,  necessity  of  prov- 
ing in  action  by  servant  for  personal 
injuries.     5-167. 

Kes  ipsa  loquitur  doctrine  as  applicable 
to  relation  of  master  and  servant. 
1914D-94;    1915C-515;   1916B-752. 

— falling  of  object  during  building  con- 
struction, doctrine  of  res  ipsa  loquitur 
as  applicable  to  injury  to  servant. 
1912D-436. 

— vulcanizer  explosion  injuring  servant, 
applicability  of  res  ipsa  loquitur  doc- 
trine.    1914D-971. 

Unexplained  starting  of  machine  whereby 
employee  is  injured  as  warranting  in- 
ference of  negligence  on  part  of  em- 
ployer.    1912D-511. 

M.    Relief  Departments. 

Belief  departments  or  associations  as  af- 
fecting master's  liability  for  future 
negligence.     6-8. 

— maintenance  by  railroad  company  as 
ultra  vires.     6-11. 

—recovery  under  federal  Employers'  Lia- 
bility Act  as  affected  by  acceptance  of 
benefits  of  relief  department.  1916A- 
783;  1918E-1193. 

N.    Liability  Insurance. 

Insurance  of  employer  against  liability  to 
employees  as  inuring  to  benefit  of 
latter.     1912C-155. 


O.    Actions. 

Admiralty  jurisdiction  of  action  against 
master  by  servant.     13-1219. 

Amendment  of  complaint  in  action  for 
personal  injuries  by  changing  descrip- 
tion of  place  of  injury  as  introducing 
new  cause  of  action.     1915B-219. 

—stating  additional  ground  for  same  in- 
jury after  running  of  limitation  stat- 
ute as  barred.  1913D-742;  1916B- 
511. 

Bill  of  particulars  in  negligence  action  as 
to  failure  to  make  rules,  give  instruc- 
tions, or  provide  safe  place  to  work. 
1916B-108. 

Declarations  and  admissions  of  servants 
not  made  contemporaneously  as  ad- 
missible in  ,  actions  for  personal 
injuries.     3-624;  13-859. 

Inconsistent  defenses  in  action  growing 
out  of  employment.     1917C-719. 

Injuries  by  saw  operated  by  machinery, 
pleading  and  evidence  in  action  by 
servant  against  master.     1913C-138. 

Void  contract  exempting  master  from  lia- 
bility as  admissible  in  evidence.    6-12. 

3.     Liability  of  Master  to  Third  Persona. 

Acts  of  servant  in  excess  of  instructions, 
liability  of  master.     5-123. 

Adulterated  article,  liability  of  master 
for  sale  by  servant  or  agent.     17-135. 

Animals,  harboring  servant's  dog  by  mas- 
ter, liability  for  injuries  caused  by  it. 
1914B-607. 

— knowledge  by  servant  of  viciousness  of 
animal  as  imputable  to  master.  18- 
673. 

Attorney,  liability  for  negligent  act  of 
clerk   or  assistant.     1917B-18. 

Automobile  owner,  liability  for  chauf- 
feur's acts.  10-732;  12-972;  1914C- 
1087;  1916A-659,  666;  1917D-1001. 

Brakeman's  implied  authority  to  eject  tres- 
passer.    2-624;   18-892. 

Carrier  of  passengers,  liability  for  ser- 
vants' acts  outside  scope  of  employ- 
ment.    1-617;   19-618. 


558    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


MASTEB  AND  SERVANT— Continued. 

Charitable  institutions,  liability  for  negli- 
gence of  employees.  4-104;  11-160; 
1913&-1129;   1915C-586. 

Death  by  wrongful  act  of  servant,  extent 
of  master's  liability.     1-490. 

Detectives,  liability  of  employer  for  acts. 
1917A-587. 

Deviation  by  servant  from  course  of  em- 
ployment, when  liability  of  master 
reattaches.     3-607;    20-1292. 

Direction  of  another,  liability  of  master 
for  act  of  servant  performed  there- 
under.    7-100;  14-731. 

Discharge  of  servant  from  personal  lia- 
bility, effect  upon  master's  liability  for 
servant's  act.  9-660;  21-1013;  1915C- 
191. 

Druggist,  liability  for  negligence  of  drug 
clerk.     1915C-419. 

Evidence  in  action  against  master  for 
negligent  act  of  servant,  discharge  of 
servant  subsequent  to  action  as  ad- 
missible.    1913A-S60. 

(—competency  of  servant,  materiality  of 
evidence  in  action  for  damages 
caused  by  his  negligence  to  third  per- 
son.    19-997. 

f— rules  of  master  as  admissible  in  action 
to  recover  for  injuries  caused  by 
negligence  of  servant.  21-147; 
1915C-913. 

False  weight  or  measure,  liability  of  mas- 
ter for  act  of  servant  in  giving. 
1914B-1077. 

Fire  started  by  servant,  liability  of  mas- 
ter to  third  person  for  damage  caused. 
1914A-1102;   1917B-1054. 

Headlight,  running  train  without  head- 
light as  negligence  towards  person 
on  track  at  place  other  than  crossing. 
1918A-1181. 

Hospitals,  liability  of  owner  or  proprietor 
of  private  hospital  or  sanatorium  for 
negligence  of  employees.  8-1046; 
1915B-1229. 

Implied  authority  of  servant  to  contract 
for  medical,  surgical  or  other  attend- 
ance or  supplies  for  sick  or  injured 
persons.  3-570;  1912C-474;  1918A- 
791. 

Infant  master,  liability  for  tort  of  ser- 
vant.    1916A-962. 


MASTER  AND  SERVANT— Continued. 

Insane  servant,  liability  of  master  for 
negligent  or  tortious   acts.     4-135. 

Knowledge  of  servant  acquired  before 
becoming  such  as  imputable  to  mas- 
ter.    1912D-95. 

Libel  or  slander  by  servant,  liability  of 
master.     21-343, 

Messenger  service,  injury  to  or  loss  of 
article  intrusted  to  messenger,  lia- 
bility of  person  or  corporation  en- 
gaged in  furnishing  service.  1912C- 
1186. 

— liability  of  company  furnishing  messen- 
gers for  hire  for  loss  of  money  in- 
trusted to  messenger.     5-797. 

Object  thrown  from'  train  by  railroad  em- 
ployee, liability  of  company  for  per- 
sonal  injuries   caused.     1917D-540. 

Overworked  servant,  liability  of  master 
for  injuries   caused   by.     14-120. 

Pilot  association,  liability  for  negligence 
of  pilot.     13-950. 

Public  officer,  servant  who  is  also  public 
officer,  liability  of  master  for  act. 
6-252;  17-638;  1913D-113:  1915C- 
533. 

Eeligious  institution,  liability  of  head 
thereof  for  torts  of  subordinates. 
1915B-1234. 

Bequest  to  physician  by  employer  to  at- 
tend employee  as  raising  implied 
promise  to  pay  for  services.  1914C- 
590. 

Retaining  servant  in  employ  with  knowl- 
edge of  acts  committed  by  him  as 
Tendering   master   liable.     1912C-S50. 

Superior  ser,vant's  personal  liability  to 
third  person  for  act  of  under-servant. 
1915C-106. 

Theaters  and  places  of  amusement,  duty 
to  guard  against  negligence  of  em- 
ployees and  licensees.     5-928. 

Thefts  of  servant,  liability  of  bailee.  I- 
96. 

Torpedoes,  railroad  company's  liability  to 
person  injured  through  act  of  servant 
acting  outside  scope  of  employment. 
1914C-1102. 

Wharves,  employee  of  third  person,  right 
to  recover  damages  for  injuries  sus- 
tained on  defective  wharf.  1916C- 
146. 


MASTER  OF  VESSEL— MATERIALS. 


559 


MASTER  AND  SERVANT— Continued. 

4.  Liability  of  Servant  and  Third  Person 
Inter  Se. 

Duty  and  liability  of  person  furnishing 
appliances  for  use  by  servant  of  an- 
other for  injury  to  such  servant. 
1913C-754. 

Hospitals  and  asylums,  personal  liability 
of  officer  or  employee  for  torts. 
1915D-775. 

Injuries  to  third  person  caused  by  defects 
in  machinery  or  other  instrumental- 
ities -furnished  by  master,  liability  of 
servant.     1913B-725. 


5.    Liability   of   Servant   to   Master. 

Accounting  or  damages  for  servant's 
breach  of  contract  in  failing  to  de- 
vote whole  time  to  master's  service, 
right  of  master  to.     1913B-511. 

Conservation  of  master's  property,  duty 
of  servant.     1912D-214. 

Delivery  of  goods  without  collecting 
charges,  in  violation  of  instructions, 
liability  of  servant  to  master.  11- 
276. 

Knowledge  of  servant  of  matters  acquired 
before  entering  or  outside  of  scope 
of  employment,  duty  to  disclose  to 
master.     1913E-819. 

Lack  of  care,  skill  or  diligence  in  per- 
forming work,  servant's  liability  to 
master.     1913A-454. 


6.    Joint  Liability  of  Master  and  Servant 
to  Tliird  Persons. 

Joint  action  against  master  and  servant 
for  negligent  or  other  action  of  ser- 
vant.    10-756, 

Removal  of  causes,  joint  action  against 
master  and  servant  as  removable  to 
federal  court  on  ground  of  residence 
of  defendants.     4-1151;  9-760. 


7.  Criminal  Responsibility. 

Criminal  liability  of  master  for  acts  of 
servant.     13-707. 

Homicide  by  master,  defense  of  servant 
as  justifying.     13-1058'. 

Intoxicating  liquors,  criminal  liability  of 
master  for  violation  of  liquor  law  by 
servant.     13-708. 


MASTER  AND  SERVANT— Continued. 

— licensee's  liability  for  illegal  sale  by  his 

servant  against  instructions.     13-324; 

1912A-1109;   1915B-380. 
— personal   liability    of   servant    of   liquor 

dealer    for    violation    of    liquor    law. 

19-582. 

MASTER  OF  VESSEL. 

See  Ships  and  Shipping. 

MASTERS  IN  CHANCERY. 
See  References. 


MATERIALMEN. 

Building  contract,  assignment  of  proceeds 
by   materialman.     1918D-609. 

Mechanic's  lien  in  favor  of  materialman 
as  affected  by  default  of  contractor. 
17-116. 

Public  works,  liability  of  municipality  for 
failure  to  take  from  contractor  bond 
for  protection  of  materialmen.     1917B- 

1089. 

Statute  or  ordinance  requiring  public  con- 
tractor to  pay  all  claims  ^efore  set- 
tlement as  giving  right  of  action 
against  city  to  materialman.  1915B- 
86S. 

MATERIALS. 

Attachment,  liability  of  materials  fur- 
nished to  be  used  in  construction  of 
building  to  attachment  at  suit  of 
contractor's    creditor.     1913A-876. 

Building  materials  in  streets,  duty  of 
abutting  owner  to  safeguard  and  re- 
move.    10-918. 

Contractor's  borfd  to  property  owner,  right 
of  one  furnishing  material  to  suo 
thereon.     1916A-754,  767,  773. 

Explosive  for  blasting  as  "material"  un- 
der mechanics'  lien  laws.     5-446. 

Independent  contractor,  furnishing  mate- 
rials as  test  of  independence  of  con- 
tractor.    19-19. 

Mechanic's  lien  for  furnishing  materials 
to  contractor,  necessity  of  their  in- 
corporation in  structure.  13-13;  19- 
588;   1913B-502. 

Negligence  of  fellow-servant  in  selecting 
materials  from  supply  provided,  lia- 
bility  of   master.     2-909. 


560    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


MATEEIALS— Continued. 

Person  furnishing  material  as  subcon- 
tractor within  mechanic's  lien  law. 
1917C-804. 

Bailroad  construction,  "materials"  as  used 
in  statute  giving  mechanic's  lien  for 
materials  used.     9-309. 

Tools  and  appliances  for  construction 
work  as  constituting  materials  under 
mechanic's  lien  law.     1912B-227. 


MATRIMONIAL   ACTIONS. 

Hearing  in  camera,  right  of  court.     1913E- 
639. 


MATRIMONIAL  AGENCY. 

Advertising  as  scheme  to   defraud   within 

postal  laws.     1914D-1247. 
Marriage    brokerage    contracts.     1-696. 


MATTERS. 

"AH  matterg,"  meaning  of  term.     1917IJ-. 
87. 

MAY. 

"May"  and  "shall"  occurring  in  same  stat- 
ute.    4-420. 


MAYHEM. 

Self-defense    as    defense    to    prosecution. 
15-82. 

MAYOR. 

Absence  from   city,  as  affecting  perform- 
ance of  duties.     1912C-352. 
Mayor   as   municipal   officer.     1914D-1234. 


MEADOWS. 

Changing  into  arable  land,  pasture,  gar- 
den, orchard,  or  building  land  as 
waste.     1918D-544,  550. 


MEAL. 

Meaning    within    statute    permitting    sale 
of  liquor  on  Sunday.     17-818. 


MEANTIME. 

Meaning  of  word.     1913E-1049. 


MEASUREMENTS. 

Admissibility  in  evidence  when  taken  by 
nonexpert.     lS-1175. 

Comparative  weight  of  actual  measure- 
ment and   estimate.     1916E-573. 

Distance  in  given  case,  whether  determi- 
nable by  straight  line  or  otherwise. 
1913E-452. 


MEASURES. 
See  Weights  and  Measures. 

MEAT  DEALERS. 

Statutory  or  municipal  regulation.  1912B- 
510;  1917A-198;  1918D-533. 

MEAT-HOUSE. 

Burglary,  sufficiency  of  indictment  with 
respect    to    description.     1913D-874. 

MECHANICAL   APPLI- 
ANCES. 

Dangerous  character  as  provable  by  ex- 
pert  testimony.     7-464. 

MECHANICS. 

Agent  within  statute  for  service  of  pro- 
cess on  agent  of  foreign  corporation. 
1914D-988. 


Trade,    mechanic   as   engaged  in. 
1200. 


1916A- 


MECHANICS'  LIENS. 

1.  In  GeneraL 

2.  Services  or  Material  for  Which  Lien 

is  Claimable. 

3.  Property  Subject  to  Lien. 

4.  Consent  or  Direction  of  Owner. 

5.  Building  Contract  Terms. 

6.  Persons  Entitled  to  Lien. 

7.  Priorities. 

8.  Notice    or    Statement    and    Filing   of 

Claim. 

9.  Loss  or  Waiver  of  Lien. 
10.  Foreclosure  Proceedings. 


MECHANICS'  LIENS. 


561 


MECHANICS'   LIENS— Continued. 
1,     In  General. 

Application  of  payment,  right  of  owner 
of  building  on  which  lien  is  claimed 
to    control.     1917C-58S. 

Attorneys'  fees,  validity  of  mechanic's 
lien  law  providing  for  taxing.  11- 
714;   1916D-1044. 

Statutes  relating  to  mechanics'  liens,  ef- 
fect  of   partial  invalidity.     1916D-69. 

Validity  of  mechanic's  lien  laws.  4-620; 
1912C-339. 


2.    Services  or  Material  for  Which  Uen 
is  Claimable. 

Appliances,  teams,  etc.,  rented  to  con- 
tractor for  use  in  erecting  building 
or  other  work,  right  of  renter  to  lien. 
15-383. 

"Appurtenances,"  meaning  within  mechan- 
ic's  lien  statute.     1912B-10. 

"Building,"  meaning  of  term  within  me- 
chanic's lien  statute.     1912B-7. 

Explosive  for  blasting  as  material  for 
which   lien   may  be  had.     5-446. 

Improvement  for  which  lien  may  exist, 
nature    of.     1912B-5. 

Incorporation  of  materials  in  structure, 
necessity  therefor  to  sustain  lien. 
13-13;   19-588;    1913B-502. 

Machinery,  meaning  of  term  in  lien  stat- 
ute.    1918B-209. 

"Materials,"  construction  of  word  as  used 
in  statute  giving  lien  for  materials 
furnished  for  railroad  construction. 
9-309. 

Plant,  meaning  of  term  as  used  in  lien 
statutes.     1917A-328. 

Sidewalk    construction,    lien    for.     4-1015. 

Tools  and  appliances  used  for  construc- 
tion work  as  materials  for  which  lien 
may   be   had.     1912A-227;   191oB-966. 

Transportation  of  materials  to  be  used 
in  connection  with  improvement,  right 
to   lien.     1916E-1030. 


3.    Proi)erty  Subject  to  Lien. 

Buildings     or     improvements     as     distinct 
from  land  on  which  located,  mechan- 
ics' liens  on.     2-689. 
Index  to  Notes — 36 


MECHANICS'   LIENS— Continued. 

Charitable  or  religious  institution,  right 
to    lien    against.     1915D-1145. 

Decedent's  estates,  liability  to  lien  for 
I&bor  and  material  furnished.     1-771. 

Destruction  or  removal  of  improvement 
giving  rise  to  lien,  extension  of  lien 
to  land.  2-812;  1913A-943;  1914D- 
681. 

Homestead  as  subject  to  mechanic's  lien. 
1917E-747. 

Joint  or  separate  liens  on  lots  owned  in 
severalty  for  improvements  under  en- 
tire  contract.     1912C-873. 

Leasehold  estates,  lien  on.  3-1096;  14- 
1031. 

Municipal  corporation  as  included  under 
term  corporation  in  statute.  1913B- 
747. 

Public  property  (other  than  school),  right 
to  lien  on.     1-371;   1914C-102. 

Public  school  building  as  subject  to  lien. 
17-131;    1913A-762.  • 

Railroads,  application  of  mechanic's  lien 
laws.     7-269;   1913C-95. 

Separate  buildings  located  on  noncon- 
tiguous lots,  mechanic's  lien  on.  2- 
685. 


4.    Consent   or  Direction   of  Owner. 

Entireties,  estate  as  subject  for  work 
performed  under  contract  with  one 
spouse  only.     11-S7. 

Homesteads,  necessity  of  joinder  of  wife 
in  lienable  contracts.     9-12. 

Improvements  with  consent  but  not  at  ex- 
pense of  owner  of  realty,  mechanic's 
lien  on  realty  for.  11-1082;  19-734; 
1916C-1133;  1918C-1019. 

Infant's  property,  right  to  lien  under  con- 
tract   made    with    guardian.     15-1089. 

"Owner,"  term  as  including  tenant  for 
years.     1912A-316. 


5.     Building  Contract  Terms. 

Contractor  as  precluded  from  filing  lien 
by  stipulation  in  building  contract 
against  liens.     1-954;   1913E-562. 

Entire  contract  containing  nonlienable 
items,  right  to  lien  thereunder.  4- 
836. 


562    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


MECHANICS'  LIENS— Continued. 

Subcontractors,  effect  of  stipulation 
against  lien  in  building  contract. 
14-144. 


6.    Persons  Entitled  to  Lien. 

Architect's  right  to  lien.  9-97;  1913A- 
275;   191oA-714. 

Assignee  of  lienable  claim,  right  to  lien. 
21-962;    1915C-1119. 

Corporation,  right   to  lien.     7-430. 

Default  of  contractor,  effect  on  lien  of 
subcontractor,  materialman  or  work- 
man.    17-116. 

Laborer,  who  is  within  statute  giving 
lien  to  laborers.  1913B-138;  1915D- 
931. 

Loan  of  money  to  contractor  as  giving 
right    to    lien.     1918D-350. 

Municipal  corporation,  right  to  mechanic's 
lien.     7-430. 

Subcontractor,  who  is  within  mechanic's 
lien  law.     1917C-801. 

Surety  on  contractor's  indemnity  bond, 
right  to  assert  lien  on  property.  21- 
995. 

7.    Priorities. 

Assignee  of  amount  due  contractor  and 
lien  claimant,  priority  between.  19- 
435;   1913D-514;  1918C-1081. 

Conveyance  of  property  and  mechanic's 
lien,  priority  as  between.  1916B- 
616,  632. 

Execution  sale,  right  of  lienholder  to  en- 
join.    1918C-276. 

Instantaneous  seizin,  application  of  doc- 
trine.    7-624. 

Mortgage  of  property  and  mechanic's  lien 
thereon,  priority  as  between:  1916B- 
634,  667,   669,   672,   674. 

— purchase-money  mortgage  and  me- 
chanic's lien,  priority  as  between. 
1916C-951. 


8.    Notice    or 


Statement 
Claim. 


and    Filing    of 


Amendment    of    statement    or    notice    of 
mechanic's  Hen,   right   of.     1915A-60. 

Claim  for  more  than  is  due,  effect  of  fil- 
ing   on    mechanic's    lien.     1914D-878. 


MECHANICS'   LIENS— Continued. 

Computation  of  time  of  filing  of  claim  as 
fixed  by  date  of  actual  completion  or 
date  of  acceptance  of  work.  1912A- 
908;   1913\:-1188. 

Extension  of  time  for  filing  claim  of  lien 
by  substitution  of  new  materials  for 
those    already    furnished.     1912C-217. 

Incorrect  designation  of  owner  of  prop- 
erty in  statement  of  claim  for  lien, 
effect.     14-689. 

Naming  owner  or  person  against  whose 
interest  lien  is  claimed  in  caption 
but  not  in  body  of  instrument,  suffi- 
ciency of  statement  or  notice.  20- 
1162. 

New  claim,  right  of  claimant  to  file  when 
first   claim   is   invalid.     15-1086. 

Payment  of  contractor  in  full  by  owner, 
enforceability  of  mechanic's  lien 
filed  thereafter.     1913A-40o. 

Eunning  account,  commencement  of  run- 
ning of  time  against  mechanic's  lien 
for  materials  furnished.     7-947. 

Service  of  notice  of  lien  .  on  agent  of 
owner,  sufficiency.     16-355. 

9.    Loss   or   Waiver   of   Lien. 

Bankruptcy  of  owner  of  property,  effect 
on   right   to   lien.     1917C-292. 

Contract  inconsistent  with  lien  as  waiver 
of  mechanic's  lien.     1-954. 

Estoppel  of  subcontractor  from  claiming 
lien  by  representations  inducing  pay- 
ment to   contractor.     1916D-1068. 

Extension    of    credit    as    waiver    of    lien. 

20-522. 

Failure  to  comply  with  contract  as  de- 
fense to  claim  of  lien.     1916E-549. 

Judicial  sale  of  realty  as  creating  loss  of 
mechanic's    lien.     1915A-314. 

Mortgage  security,  taking  thereof  as  con- 
stituting loss  of  mechanic's  lien. 
1916D-179. 

Tender  as  discharging  mechanic's  lien. 
1912B-932. 

Unsecured  note  of  owner  or  contractor, 
taking  as  waiver  of  lien.     1915A-961. 

10.    Foreclosure  Proceedings. 

Conflict  of  laws,  enforcement  in  one  state 
of    lien    for    work    or    materials    fur- 


MEDICAL  ATTENDANCE— MEETINGS. 


563 


MECHANICS'   UENS— Continued. 

nishcd     in     another     state,     right    to. 
10-374. 

Cross-bill,  right  to  file  in  proceedings  to 
foreclose   mechanic's   lien.     9-228. 

Decedent's  estate,  presentation  of  claim 
as  condition  precedent  to  action  to 
foreclose  lien.     1913r)-275. 

Judgment  in  action  to  foreclose  me- 
chanic's lien,  right  to  personal  judg- 
ment.    1912A-129. 

— collateral  attack  on  judgment  or  decreo 
in  mechanic's  lien  proceeding.  1913B- 
1261. 

Jury  trial,  right  in  action  to  foreclose 
mechanic's    lien.     1913B-283. 

Other  remedy,  right  to  enforce  mechanic's 
lien  and  pursue  other  remedy  simjil- 
taneously.     3-1100. 

Parties,  necessary  or  proper  parties  to  ac- 
tion to  foreclose  lien.  1918B-3,  28, 
31,  34,  41. 

Sureties,  judgment  against  principal  as 
evidence  against  surety.  9-15S; 
1915D-408. 


MEDICAL  ATTENDANCE. 

Implied  authority  of  officers,  agents  or 
servants  to  contract  for  attendance  or 
supplies  for  sick  or  injured  persons. 
3-570;  191SC-474;  1918A-791. 

Master's  liability  for  failure  to  provide 
medical  aid  to  injured  servant. 
1915D-507;  1918D-1053. 

Pauper  furnished  by  individual,  liability 
of   municipality.     1916D-183. 

Refusal  by  parent  to  permit  surgical  oper- 
ation on  child  as  criminal  neglect. 
1916A-337. 

Ecligious  belief  as  defense  to  criminal 
prosecution  for  failure  to  furnish 
medical  attendance  to  another.  1913B- 
1221. 

Bequest  to  physician  to  attend  third  per- 
son as  implying  agreement  to  pay  for 
services.     1914C-587. 

Wife's  liability  for  medical  services  ren- 
dered husband.     5-832. 


MEDICAL  BOOKS. 

Admissibility        in        evidence.     19-1002; 
1916A-795. 


MEDICAL  EXAMINATION. 

Life  insurance,  effect  on  policy  of  incor- 
rect opinion  answer  made  in  good 
faith  in  medical  examination.  8-1156. 

Workmen's  compensation,  medical  exami- 
nation of  workmen  under  act.  19140— 
86;   1918B-670. 


MEDICAL  EXPENSES. 

Personal  injury  case,  effect  of  instruction 
as  to  allowance,  where  there  is  no 
evidence  of  expenses.     1913D-150. 


MEDICAL  SCHOOL. 

What  is  medical  school.     1912B-1354. 


MEDICINE. 

See   Druggists;    Food   and  Drugs;   Physi- 
cians and  Surgeons. 

Alcohol  in  medical  preparation  as  bring- 
ing it  within  purview  of  intoxicating 
liquor   statute.     13-638;    1917C-909. 

Hawker  and  peddler  regulations  as  appli- 
cable to  venders  of  medicine.  1912D- 
1292. 

Meaning  of  "medicine"  in  statute  regu- 
lating sale  of  poison  by  druggist. 
20-494. 

Patent  or  proprietary  medicine,  civil  lia- 
bility of  vendor  or  manufacturer  for 
injury   caused  by   use.     1914D-51. 

"Profession,"  "professional,"  legal  mean- 
ing of  term  as  applied  to  practice  of 
medicine.     1913E-242. 

Samples,  prohibition  against  distribution 
of  sample  of  medicine  or  other  del- 
eterious substance,  validity  and  con- 
struction of  statute.     1915C-551. 


MEETINGS. 

Corporation,  directors'  meetings,  validity 
of  action  without  formal  meeting. 
1914B-715. 

•—notice  of  meeting  of  corporation  or  di- 
rectors, sufficiency.     1914D-862. 

—special  meeting  of  stockholders,  suffi- 
ciency as  to  contents  of  noti(;p. 
1917E-1001. 


564    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


MEETINGS — Continued. 

— waiver  of  notice  of  stockholders'  meet- 
ings.    1916E-1038. 

"Divine  worship,"  meeting  therefor  within 
statute    against    disturbance.     19-448. 

MEMBERSHIP. 

See  Beneficial  Associations;  Board  of 
Trade;  Building  and.  Loan  Associa- 
tions; Corporations;  Societies  and 
Cnubs;  Stock  Exclianges. 


MEMORANDUM. 

See  Frauds,  Statute  of. 

Admissibility  as  evidence  of  past  recollec- 
tion of  witness.     S-210. 

Alteration  of  instruments,  memorandum 
attached  to  promissory  note,  effect  of 
detaching.     1917E-603. 

Clieek,  memorandum  thereon  as  notice  to 
bank.     1913B-1342. 


MEMORIALS. 

Charitable  nature  of  gift  as  affected  by 
fact  it  is  intended  as  private  memo- 
rial.    21-1159. 


MEMORY. 

Amnesia  caused  by  personal  injuries  as 
affecting  credibility  of  witness.  15- 
1149. 

Injury  affecting  memory,  adequacy  of  ver- 
dict.    1916B-430. 

Refreshing  memory  from  published  state- 
ment or  report  made  by  witness  in- 
stead of  from  original  memorandum, 
right  of  witness.     1913B-582. 

— inspection  of  memorandum  used  by  wit- 
ness, right  of  opposite  party.     9-560. 

Weight  of  testimony  based  on  memory 
of  oral  statements.     18-1191. 


MENTAL  AND  PHYSICAL 
WRECK. 

What   is   excessive   verdict   in   action  for 
personal  injuries.     1913A-1383. 


MENTAL  ANGUISH. 

Assault,  mental  anguish  as  element  of 
damages.     1915C-84. 

Assessment  of  damages  for  mental  suffer- 
ing separately  from  physical  injuries, 
right   of.     20-990. 

Carriers,  breach  of  contract  of  carriage 
of  goods  or  baggage,  recovery  of 
damages  for  mental  suffering.  1915D- 
89. 

• — carrying  passenger  beyond  destination, 
mental  suffering  as  element  of  dam- 
ages,    16-189. 

Death  by  wrongful  act,  parent's  mental 
anguish  for  death  of  child  as  element 
of   damages.     1912C-64;    1916B-534. 

— w.ife's  or  child's  mental  anguish  for 
death  of  husband  or  father  as  ele- 
ment  of  damages.     3-103;    16-933. 

Evidence,  necessity  and  competency.  2-* 
55;   1912B-538. 

Landlord  and  tenant,  injury  to  feelings 
of  tenant  as  element  of  damages  for 
wrongful  eviction.     6-462. 

Libel  or  slander,  damages  as  recoverable. 
1914C-291. 

Physical  injuries  of  another,  recovery  of 
damages  for  mental  suffering  on  ac- 
count of.     5-579, 

Telegraph  cases,  conflict  of  laws  as  to 
recovery  of  damages  for  mental  an- 
guish.    7-1068;   19-1063, 

— excessive  verdict  for  mental  anguish, 
,    what  is,     1913B-246;   1916C-524. 

— mental  anguish  doctrine  in  telegraph 
cases,  1-355;  8-474;  13-399;  1912D- 
838, 

— statute  permitting  recovery  from  tele- 
graph company  of  damages  for  men- 
tal anguish  as  interference  with  fed- 
eral agency,     1913C-S68. 

— validity  of  statute  permitting  recovery 
of  damages  for  mental  anguish. 
1913C-865. 


MENTAL  CAPACITY. 

See  Deaf  and  Dumb  Persons;  Insane  Per- 
sons;  Wills. 

Corporate  officer,  mental  incapacity  as 
ground  for  avoidance  by  corporation 
of  contract  executed  by  him.  21- 
617. 


MENTAL  HEALING— MERGER. 


565 


MENTAL   CAPACITY— Continued. 

Drug  addict,  admissibility  of  nonexpert 
opinion  as  to  mental  capacity.  1913B- 
108. 

Fairness  of  transaction,  burden  of  proof 
as  to  dealings  with  incompetent  per- 
sons.    1912A-710. 

Hypothetical  questions  as  to  mental  con- 
dition, necessity  that  they  should 
contain  all  evidence  on  point  in  issue. 
lS-6i8. 

Infant,  mental  capacity  as  test  of  com- 
petency as  witness.     14-4. 

Marriage,  degree  of  incapacity  sufficient 
to  invalidate.     1913B-1234." 

Partner,  mental  incapacity  aa  ground  for 
dissolution  of  partnership.  1913D- 
1148. 

Release  of  claim  for  personal  injurieg, 
effect  of  releasor's  mental  incapacity. 
3-574. 


MENTAL  HEALING. 

Advertising  to  treat  by  mail  as  scheme 
to  defraud  within  postal  laws. 
1914D-1244. 


MENTAL  POWER. 

Excessiveness   of  verdict   for   injuries  im- 
pairing mental  power.     16-48. 


MENTAL  WEAKNESS. 

Eight  to  show  mental  weakness  (not  in- 
sanity) of  party  to  action  without 
pleading  same.     1915B— 454. 


MERCANTILE  AGENCIES. 

Law    of    mercantile   agencies.     1916D-747. 

Eeport  as  privileged  within  law  of  libel 
and    slander.     12-149;    1916D-764. 

MERCANTILE    BUSINESS. 

Meaning  of  term  "plant"  as  applied 
thereto.     1917A-320. 

MERCHANDISE. 

Chattel  mortgage  on  stock  of  merchan- 
dise, after-acquired  goods  aa  covered 
thereby.     191(jD-1215,   1228. 


MERCHANDISE— Continued. 

■ — sufficiency  of  description  of  stock  of 
merchandise  in  chattel  mortgage. 
1915D-783. 

Vessels  as  included  within  term  "mer- 
chandise."    11-681. 


MERCHANTABLE 
QUALITY. 

Implied  warranty  on  sale  by  sample. 
19170-321. 

MERCHANTS. 

See   Stores. 

Classification  as  wholesale  and  retail  for 
tax  purposes.     2-326. 

Merchants,    railroad    company's    power    to 

conduct    business    as    coal    merchant. 

4-911. 
"Trade,"  merchant  as  engaged  in.    1916A- 

1200. 
Transient    merchants,    state    or    municipal 

regulation.     1917E-505. 

MERCY. 

Eecommendation  of  mercy  accompanying 
verdict    of    guilty,    effect.     21-244. 

MERETRICIOUS 
RELATIONS. 

See  Mistress. 

Eight  to  recover  for  services  rendered  by 
person  living  in  meretricious  relation 
with  another.     1916B-114. 


MERGER. 

Actions,  merger  or  suspension  of  civil  ac- 
tion predicated  on  commission  of  fel- 
ony.    1916C-847. 

Corporation,  merger  as  affecting  tax  ex- 
emption rights  applying  to  one  of  en- 
trants.    13-683. 

— remedy  of  creditor  against  corporation 
which  has  become  merged  in  another. 
1914C-449. 

Estates,  contingent  remainder  to  unborn 
person  as  destroyed  by  merger. 
I917A-910,  932. 


566    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


MEBGEB — Continued. 

— easement    of    light    as    extinguished   by 

merger  of  estates.     12-303. 
— ground  rent  as  extinguished  by  merger. 

S-996. 
• — intention     of     parties     as     determining 

merger.     7-700. 
—merger   where    life   tenant    also   trustee 

of  property.     1917A-1221. 

Judgment,  merger  in  later  judgment  based 
thereon.     1914A-366. 


MERRY-GO-ROUND. 

Noise  arising  from  as  nuisance.  1912B- 
429. 

MESSAGES. 

See  Telegraphs  ajid  Telephones. 

MESSENGERS. 

Contracts  effected  by  means  of  messenger, 
time  when  complete.     6-379. 

Injury  or  loss  of  articles  intrusted  to 
messenger,  liability  of  person  or  cor- 
poration engaged  in  furnishing  ser- 
vice.    191SC-1I86. 

Intoxicating  liquors,  liability  for  violation 
of  law  of  person  who  acts  as  messen- 
ger  of   purchaser.     1912C-633. 

Loss  of  money  intrusted  to  messenger,  lia- 
bility of  company  furnishing  messen- 
gers for  hire.     5-797. 

Bequest  by  messenger  to  physician  to  at- 
tend third  person  as  implying  agree- 
ment to  pay  for  services.     1914C-590. 

METEORITES. 

Finder's  right  as  against  owner  of  soil. 
1-4;  8-558. 


METERS. 

Bight  of  water  company  to  compel  cus- 
tomer to  pay  for  meter  as  condition 
to  supplying  water.  15-378:  1915G- 
1198. 


METROPOLITAN  POLICE. 

Validity     ot     statutes     creating.     8-1102; 
19i7D-1112. 


MICROSCOPES. 

Information  acquired  by  aid  of  micro- 
scope, competency  of  witness  to  tes- 
tify to.     1916D-930. 


MIDDLE  NAME. 

Mistake  in  middle  name  of  defendant  in 
publication  notice  as  affecting  juris- 
diction of  court.     1913B-1255. 


MIDWIFERY. 

Practice  of  midwifery  as  practice  of  med- 
icine.    13-571. 


MILEAGE. 

Public  officers,  meaning  of  "necessary 
travel"  or  "necessarily  traveled"  as 
used  with  respect  to  mileage  allow- 
ance.    1918D-934. 

Taxation  of  common  carrier,  propriety  of 
using  mileage  basis  in  assessing  value 
of  franchise.     1914B-199. 

— proportion  of  railroad  mileage  within 
taxing  district  as  element  in  valuation 
for  tax  purposes.     1916E-1185. 

Witnesses,  right  of  nonresident  witnesses 
to  mileage.     7-163;  10-397. 


MILEAGE  BOOKS. 

Condition  attached  to  sale,  reasonableness. 
1914B-915. 

Validity  of  order  of  public  service  or  rail- 
road commission  regulating  manner  of 
using  mileage  tickets.     1915A-1031. 


MILITARY  AFFAIRS. 

Legislative        investigating        committee, 
powers.     1916B-1060. 


METHODS. 

Dangerous  character  of  acts  and  opera- 
tions as  matter  for  expert  evidence. 
7-465. 


MILITARY  AUTHORITIES. 

False  imprisonment  by,  excessiveness  of 
verdict  in  action  for  damages.  1916C- 
511. 


MILITARY  COURTS— MIIiLINERS. 


567 


MILITARY  COURTS. 

See  Courts-martial. 


MILITARY  LAW. 

Martial  law  as  distinguished  from  military 
law,     1914C-23. 

Review  by  civil   courts   of  courts-martial 
proceedings.     17-445. 


MILITARY  NECESSITY. 

Trespass  justified  by.     15-1155. 

MILITARY  RESERVA- 
TION. 

Crimes  committed  on,  jurisdiction  to  pros- 
ecute.    3-831;  11-753. 

Taxation  of  personalty  on  reservation, 
right    of    state    or    territory.     14-964. 

MILITARY  SERVICE. 

See  Army  and  Navy;   Militia. 

Compulsory  military  service.  19170-812; 
1918D-100. 

Insurance,  right  of  recovery  on  policy  as 
affected    by    military    service.     7-569. 

Wills  of  soldiers,  or  seamen.     1916A-483. 

MILITIA. 

Civil  liability,   act  performed  by  member 

in      obedience     to      superior     officer. 

1912D-328. 
— injury     to     person     or     property,     civil 

liability   of   militiaman.     1917C-8,   22, 

32. 

— officer's  liability  to  civilian  for  acts  of 
militia.     16-1164. 

County  support,  constitutionality  of  stat- 
utes requiring.     1-128. 

Criminal  liability  of  militiaman  for  injury 
to  person  or  property.  1917C-8,  29, 
32. 

Enlistment  as  contract.     1917B-244. 

Federal  government,  power  with  respect 
to  state  militia.     1917B-250. 

Injury  to  member,  appropriation  by  state 
to  pay,  validity.     1914B-1283. 


MILITIA— Continued. 

Minor,  enlistment  in  state  military  service 
without  consent  of  parent,  validity. 
1913C-1273. 

Selective  draft  law  as  applicable  to  militia 
members.     1918B-863. 

State  court,  criminal  jurisdiction  over 
member  of  national  guard,  1917A- 
279. 

Statutes  relating  to  militia,  effect  of  par- 
tial  invalidity.     1916D-70. 

Target  practice,  rights  and  liabilities  with 
respect  to.     1914A-867. 

Transportation  free  or  at  reduced  rate,  va- 
lidity of  statute  requiring.  1913E- 
498;  1916E-959. 


MILK. 

Constitutionality  of  statutes  or  ordinances 
regulating  sale.     4-119;  5-911;  18-321. 

"Dealer,"  person  selling  milk  as  dealer. 
1917A-959. 

Receptacles  used  in  selling,  validity  of 
regulatory  statute  or  ordinance.  14- 
703. 

What  is  "milk."     1912B-388. 


MILKMAN. 

Hawker  and  peddler  license  regulations  as 
applicable.     1912D-1292. 


MILL  DAM  ACTS. 

Construction  relative  to  power  of  eminent 
domain.     4-996. 


MILLERS. 

Trade,  miller  as  engaged  in.     1916A-1200. 


MILL-HOUSE. 

Burglary,   description   in  indictment,  suf- 
ficiency.    1913D-876. 


MILLINERS. 

Trade,    milliner    as    engaged    in.     1916A- 

1200. 


568    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


MILLS. 

Eminent  domain,  taking  or  damaging  land 
to  create  water-power  as  public  uae. 
4-992;   10-1060. 

Fire  insurance,  unoccupied  or  occupied 
under  policy  conditions.     1912D-90. 

Workmen's  Compensation  Act  as  appli- 
cable to  employment  in  or  about  mill. 
1917I>-18,  42. 


MIND. 

Injury    affecting    mind    or    memory,    ade- 
quacy of  verdict.     1916B-430. 


MINERS. 

See  Mines  and  Minerals. 

Workmen's  compensation,  applicability  of 
act  to  mining  employments.  1917D- 
26. 

— disobedience  or  negligence  of  miner  as 
♦  precluding  recovery  under  act. 
1916B-1311. 

— injuries  as  accident  in  course  of  employ- 
ment. 1913C-8,  14,  15;  1914B-502; 
1916B-1306. 


MINER'S  INCH. 

Meaning  of  "inch"  as  used  with  respect 
to  measurement  of  water.  1916B~ 
1235. 


MINES  AND  MINERALS. 

1.  In  Creineral. 

2.  Wliat  are  Minerals. 

3.  Mining  Claims. 

4.  Interests  and  Estates  in  Minerals. 

5.  Statutory  Regulation. 

6.  liiabilities. 

1.    In  General. 

Coal  mine  as  nuisance.     1915D-841. 

Corporate  stock  issued  'for  property  or  ser- 
vices less  than  par  value  of  stock,  lia- 
bility of  stockholder  to  creditors  of 
corporation.     1915A-1272. 

Eminent  domain,  measure  of  damages  for 
appropriation  of  mineral  lands.  2- 
966. 


MINES  AND  MINERALS— Continued. 

— public  use  supporting  condemnation  pro- 
ceedings for  mining  purposes.  2-51; 
14-905;   1912D-1004. 

Oil,  storage  of  oil  as  nuisance.     1916C-820. 

Partnership,  distinction  between  mining 
and  ordinary  partnership.  4-267; 
1914D-1191. 

— liabilitj'  of  retiring  member  of  mining 
partnership.     16-304. 

Subjacent  support,  accrual  of  action  for  in- 
jury to   surface.     3-123;   18-752. 

—measure  of  damages  for  injury.  5-760; 
10-77. 

— rights  and  liabilities  of  mine  owner. 
1913B-1109. 

Taxation  of  interest  in  minerals  separately 
from  land.     15-513. 

"Trade,"  mining  as  trade.     1916A-1200. 

Workmen's  Compensation  Act  as  applicable 
to     mining     employments.     1917D-26. 

2.    What  are  Minerals. 

"All,"  meaning  as  applied  to  minerals. 
1917E-70. 

Petroleum  and » natural  gas  as  minerals. 
20-937;  1913B-1214. 

Precious    stones    as    minerals.     i912C-419. 

Tax  statutes,  what  are  minerals  Tv^thin. 
15-514. 

What  substances  are  minerals.  1912A- 
1304. 

3.    Mining   Claims. 

Location  of  mining  claim,  discovery  of 
minerals,  sufficiency  to  support.  15- 
628. 

Mineral  or  nonmineral  character  of  public 
land,    determination    of.     1912A-1302. 

Patent  of  mineral  land,  applicant's  rights 
under  final  receipt  issued  on  void  ap- 
plication.    1912D-1317. 

Usages  and  customs,  judicial  notice  of. 
12-433. 

Withdrawal  of  public  lands  from  settle- 
ment for  purpose  of  oil  or  gas  explora- 
tion.    1918C-1009. 

4.    Interests  and  Estates  iu  Minerals. 

Generally. 

Abutting  owner's  right  to  minerals  in  high- 
way.    2-596;  11-445. 


MINES  AND  MINERALS. 


569 


MINES  AND  MINERALS— Continued. 

Adverse  possession  as  mode  of  acquisition 
of  title  to  mines.  6-142;  1912D-1199; 
1917E-641. 

Agricultural  land,  lease  for  mining  pur- 
poses as  afifected  by  constitutional  pro- 
hibition  against  long  leases.     15-346. 

ABsignee  of  contract  to  convey  mineral 
rights  as  bona  fide  purchaser.  1918C- 
468. 

Covenant  against  incumbrances,  existence 
of  right  to  enter  and  take  minerals 
as  breach.     1912D-1140. 

Equipment,  meaning  of  "equip"  or  "equip- 
ment" in  deed  of  trust  of  mining  prop- 
erty.    1913B-201. 

Frauds,  statute  of,  application  to  contracts 
relating  to  mines.     10-99. 

Life  tenant,  right  to  remove  minerals 
from   soil.     8-1121;    1913E-839. 

Municipal  corporation,  power  to  take  min- 
ing  property    as    trustee.     17-747. 

Partition  of  mining  interests  and  mining 
rights.     15-778;    1917D-135. 

Reservation  of  mineral  rights,  distinction 

between  exception  and  reservation  in 

deed.     18-801. 
—open    quarrying    as   not    included    under 

reservation    of    mines    and    minerals. 

2-639. 
— ^perpetuities,   validity   of   reservation   of 

mineral  rights  in  perpetuity.     1912D- 

886. 

Severance  of  surface  and  mineral  estates, 
resulting  rights  of  mine  owner  there- 
after.    1913B-1106;   1918B-550. 

^right  of  mine  owner  to  construct  rail- 
road after  severance  of  surface  and 
mineral  estates.     1913B-11G8. 

Tenant  in  common,  conveyance  of  title 
to  minerals  after  severance  from  soil. 
1915A-745. 

— removal  of  minerals  from  soil,  right  of 
tenant  in  common.     1918B-580. 

Timber  on  mineral  lands,  right  of  cutting. 

1917A-12. 
Waste,  right   of  owner  of  land   to  waste 

gas,  petroleum,  percolating  waters,  or 

other  underlying   substance   to   injury 

of  neighbor.     4-357. 

Leases. 

Covenants  in  mining  leases  for  diligent 
prosecution  of  work.  2-446;  20-1165; 
1917E-1120. 


MINES  AND  MINERALS— Continued. 

■ — relief  from  forfeiture  for  breach  of 
covenant.     20-1172. 

Executor,  power  to  make  oil  and  gas 
leases.     1-406. 

Life  tenant  and  remainderman,  respective 
rights  in  proceeds  of  mining  lease. 
1915A-518. 

Machinery  and  other  appliances,  right  of 
lessee  under  mining  lease  to  remove. 
2-738. 

Mining  lease  as  sale  of  land.     9-524. 

Subletting  premises,  right  of  lessee  under 
mining  lease.     1913B-1102. 

5.    Statutory   Regulation. 

"Known  to  exist,"  meaning  of  term  in 
mining  statute.     15-629. 

License  tax  imposed  on  owner  of  premises 
for  extracting  mineral,  validity. 
1918A-678. 

Safeguarding  mine,  noncompliance  with 
statute  as  actionable  negligence  under 
statutes  not  intended  for  plaintiff's 
bbnefit.     9-431. 

Statutes  relating  to  mines  and  minerals, 
effect  of  partial  invalidity.  1916D- 
70. 

Waste  of  natural  gas,  petroleum,  water 
and  the  like  by  private  owner,  con- 
etitutionality  of  legislation  to  prevent. 
4-213;  le-lboi;  1912C-165. 

Weighing,  etc.,  of  minerals  which  "are 
mined  by  employees  by  weight,  va- 
lidity   of    statutes   regulating.     11-74. 

"Working  place,"  what  is  under  statute 
requiring  miner  to  keep  working  place 
safe.     1915A-1231. 


6.     Liabilities. 

Disobedience  of  rules  as  affecting  right  of 
miner  to  recover  for  personal  injuries. 
8-9;  10-152;   1912  A-86. 

Excavations,  liability  of  mine  owner  or 
operator  for  injuries  resulting  from 
unguarded  excavation.     1916E-484. 

Palling  of  roof  o^  mine,  liability  of  mine 
owner  to  servant  for  injuries  caused. 
1912D-577. 

False  imprisonment  of  miner,  refusal  to 
furnish  means  of  leaving  mine  as  con.- 
stituting.     1915C-822. 


570    INDIJX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 

MINIMUM  SALARY. 


MINES  AND  MINERALS— Continued. 

Fellow-servants,  mine  employees  aa.  21- 
103. 

Flooding  mine,  liability.     1914C-458. 

rnde[t"?ndent  contractor,  person  employed 
in  mining  or  quarrying  work  as.  19- 
24;  1918C-656. 

— negligence  resulting  in  injuries  to  ser- 
vant of  contractor,  liability  of  mine 
owner.     1912A-596. 

Lights,  insuflScient  lighting  of  mine,  lia- 
bility of  master  for  injuries  to  ser- 
vant.    20-5. 

Negligence  of  mine  boss  or  foreman  em- 
ployed pursuant  to  statute,  liability  of 
mine  owner  for  injuries  to  employee. 
10-747;  19-514. 

Oil  escaping  from  lands  where  stored,  lia- 
bility for  resulting  injury.     10-868. 

Pollution  of  stream  by  mining  operations, 
liability  for.     10-587;  1913D-1082. 

Premature  explosion  injuring  servant,  lia- 
bility of  mine  owner.     1913C-954. 

Subjacent  support,  when  grant  of  mining 
rights  will  release  grantee  from  lia- 
bility for.     10-874. 

Water,  oil  or  like,  pumped  from  mine  and 
flowing  on  to  adjoining  land,  liability 
of  mine  owner.     1914D-70. 

Wrongful  working  of  mine,  action  for 
damages,  right  of  vendee  under  con- 
tract of  sale  to  sue  therefor.  1913C- 
1103. 

•— measure  of  damages  for  wrongfully 
working  mine.     8-43;  1913A-562. 


MINIMIZING  DAMAGES. 

Injunctions,  duty  of  injured  party  to 
minimize  damages  resulting  from  im- 
proper suing  out  of  injunction. 
1918C-673. 


MINIMUM  CHARGE 

Public  service  corporation  other  than  car- 
rier, right  to  make  minimum  charge 
for  service.     1914D-455. 

— validity  of  regulation  fixing  minimum 
rate.     1916A-933. 

Water  company,  right  to  make  minimum 
charge  for  service.     1914D-457. 


Schools,  validity  of  statute  fixing  minimum 
salary  of  teachers.     1916E-420. 


MINIMUM  WAGE. 

Private  employment,  validity  of  statute 
fixing  minimum  wage  rate.  1918D- 
465. 

Public  work,  validity  of  statute  fixing 
minimum  wage  rate.     1913E-990. 

Women  and  children,  validity  of  regula- 
tory statute.     1916A-225. 


MINING  PARTNERSHIP. 

Distinction  between  mining  and   ordinary 
partnership.     4-287;    1914D-1191. 


MINISTERIAL  ACTS. 

Judges,  power  of  disqualified  judge  to 
perform  ministerial  acts.     5-975. 

Prohibition   to   restrain.     3-357. 

Sunday  laws,  ministerial  as  distinguished 
from  judicial  acts  under  prohibitions 
of  law,     1-278;  18-1040. 

— validity  of  administrative  act  per- 
formed on  Sunday.     1916B-25. 


MINISTERS    OF    THE 
GOSPEL. 

Libel  and  slander,  imputation  on  clergy- 
man as  constituting.     20-718. 

■ — statement  by  clergyman  from  pulpit  as 
privileged  within  law  of  slander. 
1913A-340, 

■ — ^utterance  by  clergyman  (other  than 
statement  from  pulpit)  as  actionable 
under  law  of  slander.     191SC-780. 

Witnesses,  privileged  character  of  commu- 
nications made  to  minister  of  gospel. 
7-109;  19-644, 

MINORITY  STOCK- 
HOLDERS. 

Eight  to  maintain  suit  to  wind  up  or  dis- 
solve corporation.     15-422;  1918E-424. 

MINORS. 

See  infants. 


MIRRORS— MISTAKE. 


571 


MIRRORS. 

Attachment  to  wall  as  constituting  person- 
altj  or  realty.     1-687. 


MISAPPLICATION. 

National  bank  funds,  criminal  liability  of 
officer  for  misapplication.     21-887. 


MISAPPROPRIATION. 

Agent  of  both  borrower  and  lender,  who 
bears  loss  for  misappropriation  of 
funds.     1913C-468. 

Corporate  fund  misappropriated  by  cor- 
porate officer  as  a  debt  dischargeable 
in  bankruptcy.     1912D-218. 

Servant's  misappropriation  of  employer's 
property  as  matter  of  setoff  in  action 
for  wages.     1918D-85. 


MISCARRIAaE. 

Loss  of  unborn  child  as  element  of  dam- 
ages in  action  for  injuries  to  woman. 
19-266. 


MISCHIEVOUS  ACTS. 

See  Larking  and  Joking. 
Servant   injured    through    acts    of   fellow- 


servant, 
422. 


liability   of   master,     1912C— 


MISCONDUCT. 

See  Argument  of  Counsel;  Attorneys;  Cor- 
porations; Courts;  Jury;  New  Trial; 
Public  Officers;  Receivers;  Trial; 
Workmen's  Compensation, 


MISDEMEANORS. 

Arraignment  in  prosecution  for  misde- 
meanor.    12-705. 

Compounding  misdemeanor,  validity  of 
contract.     15-310. 

Eight  to  plead  over  after  plea  of  former 
conviction  or  acquittal.     9-130. 

Sentence,  effect  of  failure  to  ask  convicted 
person  if  he  has  anything  to  say 
before  sentence.     1916C-99. 


MISFEASANCE. 

Agency,  personal  liability  of  agent  having 
charge  of  real  property  for  misfeas- 
ance.    1918D-233. 

Corporation,  criminal  liability  for  act   of 

misfeasance      other     than      homicide. 

1916C-459,   470,   476. 
— 'liability  criminally  of  corporate  officers 

for    misfeasance    of    corporation.     8- 

383. 

De  facto  officer,  criminal  liability  for  mis- 
feasance  or  nonfeasance.     20-510. 


MISLAID  PROPERTY. 

Eights  of  parties  with  respect  to  mislaid 
as  distinguished  from  lost  property. 
1917D-803.  f 

MISMANAGEMENT. 

Corporations,  mismanagement  as  ground 
for  suit  by  minority  stockholders  to 
wind   up    corporation.     1918E-429. 


MISNOMER. 

See  Judicial  Sales;  Names;  Taxation. 

MISREPRESENTATIONS. 

See  Beneficial  Associations;  Carriers  of 
Goods;  False  Pretenses;  Fire  Insur- 
ance; Life  Insurance;  Release  and 
Discharge;  Trademarks  and  Trade 
Names. 

MISSILE  STRIKING 
.  WORKMAN. 

Injury  as  accident  arising  out  of,  and  in 
course  of,  employment  within  Work- 
men's Compensation  Act.  1916B-1296j 
1301. 

MISSPELLING. 

See  Names. 

MISTAKE. 

Adjoining  land  owners,  right  to  recover 
for  improvements  made  by  mistake  on 
land  of  adjoining  owner.     1914A-238. 

Arbitration  and  award,  impeachment  of 
award  for  mistake  of  fact  not  involv- 
ing exercise  of  judgment.  1918C-974, 
lOOL 


572    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


MISTAKE— Cont- nued. 

Banks,  forged  signature,  right  to  recover 
money   paid  by   mistake.     1913D-494. 

— ^payment  by  mistake,  right  to  recover. 
1-632;    1912D-494. 

Carrier  of  goods,  contract  fixing  discrim- 
inating rate  by  mistake,  validity  and 
enforceability.     16-455;  1918E-458. 

Carriers  of  passengers,  antedating  passen- 
ger ticket  through  mistake  as  affect- 
ing time  limit.     6-122. 

Compromise,  mistake  as  to  law  as  ground 
for  annulment.     1916D-347. 

Confusion  of  goods  resulting  from  mistake. 
1913E-678;  1918A-746. 

Contract  due  to  negligent  mistake,  equi- 
table relief  against.     5-214;   11-1164. 

Courts,  injunction  against  proceedings  in 
ease  of  mistake.     5-727. 

False  imprisonment  effected  under  honest 
belief  as  ground  for  mitigation  of 
damages.     1914A-1019. 

Fire  insurance,  mistake  of  agent  in  de- 
scribing location  of  property,  or  in  in- 
suring wrong  property,  effect.  13- 
1020;  1915C-410. 

—-parol  evidence'  to  show  terms  of  con- 
tract founded  on  mistake.     19140-74. 

— reformation  of  policy  for  mistake  as 
precluded  by  failure  of  insured  to 
read  policy.     20-365. 

Foreign  law,  equitable  relief  on  account 
of  mistake,  right  to.     1914C-1264. 

Frauds,  statute  of,  mistake  as  ground  for 
relief  in   view   of   statute.     3-781. 

Fraudulent  conveyances,  transfer  to  cred- 
itor by  mistake  for  sum  greater  than 
is^  actually  due  as  rendering  trans- 
action  fraudulent.     1918E-719. 

Governor,  approval  of  bill  by  mistake, 
right  to  withdraw  approval.     13-230. 

Judgment  entered  through  attorney's  mis- 
take as  entitling  party  to  equitable 
relief.     10-447, 

Judicial  sale,  mistake  in  description  of 
land  sold,  jurisdiction  of  equity  to  cor- 
rect.    11-85. 

Landlord  and  tenant,  tenant  holding  under 
mistake  as  to  title  as  excepted  from 
rule  against  disputing  landlord's  title. 
8-110. 

Larceny,  property  taken  under  belief  of 
ownership  and  afterward  converted  to 
own  use  as  lareenv.     1912B-340. 


MISTAKE— Continued. 

Libel  and  slander,  mistake  in  naming  or 
describing  plaintiff  as  defense  in  ac- 
tion  of   libel   or   slander.     1914D-536. 

— photograph  published  by  mistake  as  that 
of  another   as  libel.     9-866;    16-1077. 

Mechanic's  lien,  effect  of  filing  claim  for 
more  than   is  due.     1914D-878. 

— name  of  owner  of  property  in  statement 
of  claim,  effect  of  mistake.  14-689; 
15-1086. 

Names  in  legal  proceedings,  effect  of  mis- 
take in  middle  initial.  15-117;  1912B- 
601. 

Partnership,  effect  of  mistake  upon  run- 
ning of  limitation  statute  against  ac- 
counting after  dissolution.  1918D- 
1117. 

Payment  by  mistake,  fees  or  compensation 
paid  public  oflScer,  right  to  recover. 
13-351;  1915B-811. 

— forgetfulness  of  facts  as  warranting  re- 
covery of  money  paid.     18-670. 

— interest  on  money  paid  by  mistake,  right 
to  recover.     10-307;  1913B-1259. 

Poison,  sale  by  mistake,  contributory  neg- 
ligence as  barring  action  by  injured 
person    against  druggist.     8-896. 

Possession  by  mistake  of  one  intending  to 
claim  only  to  true  boundary  as  con- 
stituting adverse  possession.  15-827; 
1912A-450. 

Reference,  impeachment  of  award  of  ref- 
erees for  mistake  of  fact  not  involv- 
ing exercise  of  judgment.  1918C-974, 
1001. 

Reformation  of  instrument  on  ground  of 
mutual  mistake.     3-444. 

• — sufficiency  of  evidence  to  warrant  refor- 
mation on  ground  of  mutual  mistake. 
19-343. 

Release,  right  to  rescind  for  mutual  mis- 
take of  law.     20-1247. 

Rescission,  for  mistake,  negligent  mis- 
take of  one  party  as  ground.  1913A- 
432. 

— sale  of  land,  rescission  for  mistake  in 
quantity.     4-52. 

Sales,  mistake  in  price  at  which  goods 
offered,  effect  of  acceptance  by  vendee 
after  discovery.     13-1149. 

— purchase  of  own  property  by  mistake, 
right  to  relief.     18-328. 


MISTRESS— MODIFICATIONS. 


573 


MISTAKE — Continued. 

Tax  payments  by  township  to  city  under 
mistaken  view  of  law,  right  to  recover 
back.     1916D-740. 

Telegram,  liability  of  sender  to  recover 
for  error  in  transmission.     1912A-68. 

Usury,  illegal  interest  reserved  through 
mistake  of  fact  as  usury.     9-548, 

Vendor  and  purchaser,  estoppel  of  pur- 
chaser to  deny  vendor's  title  as 
avoided  by  mistake.     1912C-407. 

— relief  for  mistake  with  respect  to  quan- 
tity as  affected  by  use  of  term  "more 
or  less."     12-299. 

Verdict  as  returned  differing  from  that 
actually  found,  affidavits  of  jurors  as 
evidence  of  mistake.     3-401. 

Wills,  testator's  mistake  as  to  extent  of 
his  property  as  evidence  of  wart  of 
testamentary   capacity.     1914A-478. 


MISTRESS. 

Divorce,  admissibility  and  weight  of  tes- 
timony of  paramour  in  action  for 
divorce  on  ground  of  adultery. 
1913A-1240. 

Life  insurance  in  favor  of  paramour  or 
putative  wife  of  insured,  validity. 
1915B-542. 

Services  by  person  living  in  meretricious 
relations  with  another,  right  t»  re- 
cover for.     1916B-114. 

Undue  influence  as  presumed  from  rela- 
tion of  man  and  mistress.  1913C- 
143. 


MISTRIAL. 

Former  jeopardy  notwithstanding  order  of 
mistrial.     1-llS;    10-10S6;    1914B-774. 

Mistrial  and  discharge  of  jury  because 
of  sickness  of  accused  as  constituting 
former  jeopardy.     1912B-1147. 


MITIGATION  OF  DAM- 
AGES. 

Assault,  provocation  in  mitigation  of 
damages.     1-899;   19-762;    1917D-582. 

Breach  of  promise  of  marriage,  effect  of 
offer  by  defendant  to  marry  plaintiff. 
20-1354. 

Gratuity  from  third  person  as  mitigation 
of  damages.  1-213;  10-794;  1915C- 
893. 

Libel  and  slander,  intoxication  as  mitiga- 
tion of  slander.     1916E-564. 

Personal  injuries  through  negligence  of 
another,  duty  with  reference  to  se- 
curing physician.     19-979. 


MOBS. 

Carrier  of  goods,  limitation  of  liability 
for  delay  caused  by  mob  violence  or 
strikes,  validity  and  effect  of  stipula- 
tion.    1915C-1189. 

Death  by  wrongful  act,  liability  of  sheriff 
for  death  of  prisoners  at  hands  of 
mob.     1-490. 

Injuries  caused  by  mob,  constitutionality 
of  statute  making  municipality  liable. 
6-268;    14-1133;    1913B-1351. 

Kangaroo  court  held  by  prisoners  in  jail 
as  rendering  municipality  liable  for 
acts  against  fellow-prisoner.  1916D- 
190. 

Lynching  of  prisoner,  liability  of  sheriff. 
19-889;   1913D-636. 

Municipal  liability  for  damage  caused  by 
mob  as  dependent  on  notice  to  au- 
thorities.    8-465;    1916A-326. 

What  constitutes  mob  for  which  munici- 
pality is  liable.     11-185;   18-151. 


MOCK  MARRIAGE. 

Intercourse    by    consent    secured    through 
mock  marriage   as   rape.     19120-131. 


MISUSER. 

Easement,  forfeiture  for  misuser.  1917A- 
1018. 

Religious  societies,  dissolution  or  ter- 
mination of  existence  for  misuser. 
1918D-10o7. 


MODIFICATIONS. 

Building  contract,  validity  and  construc- 
tion of  provision  permitting  modifica- 
tions.    1915D-758. 

Injunction,  modification  of  preliminary 
injunction    before    trial.     1916E-205. 


574    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 

MONET— Continued. 


MODIFICATIONS— Continued. 

Trusts,  power  of  court  to  modify  terms. 
1916A-999,   1008. 

United  States  contracts,  rights  with  re- 
spect   to    modification.     1918E-13,    34. 

MONEY. 

Attachment,  what  is  suflScient  levy  on 
money.     1916B-997.. 

Baggage  of  passenger,  money  as  baggage. 
21-734. 

Bail,  deposit  of  money  in  lieu  of  bail  in 
criminal   cases.     5-153;   1913D-194. 

Bank  notes  as  money.     4-630. 

— payment  by  purchaser  at  execution  or 
other  judicial  sale,  bank  note  as 
proper  medium.     1915C-999. 

Carrier  of  goods,  liability  of  common  car- 
rier as  carrier  of  money.     4-769. 

Confederate  note  as  proper  medium  of 
payment  by  purchaser  at  execution  or 
other  judicial  sale.     1915C-999. 

Counterfeit  money,  statutes  prohibiting 
advertising  with  respect  to.  1916A- 
904. 

Deposit  of  money  in  lieu  of  written 
undertaking,  what  may  be  deposited 
as  money.     1912C-356. 

Dollar-mark  or  other  designation,  effect 
of  omission  in  instrument,  indict- 
ment,  etc.     1915C-335;   1916B-542. 

Embezzlement  of  money,  necessity  of  al- 
leging  value  in  indictment.     13-554. 

Fractions  of  money  as  falling  within  doc- 
trine "de  minimis  non  curat  lex." 
18-691. 

Garnishment,  money  standing  in  name  of 
debtor  but  belonging  to  third  person 
as  reachable  in  garnishment  proceed- 
ing.    1917C-1145. 

Legal  tender,  worn  or  mutilated  money, 
duty  of  carrier  to  receive  in  payment 
of  fare.     1912C-642. 

Replevin   to   recover  money.     1916A-737. 

Robbety,  description  of  money  taken, 
sufficiency  of  indictment.     1912B-403. 

Security,  money  as  "security."  1914D- 
625. 

Tender  of  money  into  court,  ownership 
of  money  tendered.     7-97. 

Trover  for  conversion  of  money.  15- 
1011. 


Wills,  bequest  of  contents  of  house  or 
receptacle  as  including  money. 
1916C-1139. 

— term  "personal  property"  in  will  as  in- 
cluding money.     1913D-857. 


MONEY  DUE. 

Legal  meaning.     1918E-790. 

MONEYED  CORPORA- 
TION. 

What  is   moneyed   corporation.     20-136. 

MONEY  HAD  AND  RE- 
CEIVED. 

Grantee's  right  of  action  for  money  had 
and  received  against  grantor  who 
executes  subsequent  conveyance  in- 
juring grantee.     20-1128, 

Inconsistent  defenses  in  action  for  money 
had  and  received.     1917C-725. 

Insurance,  recovery  of  money  paid  for 
premiums,  form  of  action  as  for 
money  had  and  received.     4-125. 

Joint  action  against  several  defendants, 
right   to   maintain.     1913A-935. 

License  fee,  right  to  recover  where  li- 
cense   fails    without    licensee's    fault. 

f7-187. 

Limitation  of  actions,  mere  existence  of 
fiduciary  relation  as  barring  defense 
of  statute  against  action  on  behalf  of 
plaintiff.     1915B-250. 

Money  paid  on  sale  of  land  under  verbal 
contract,  right  of  purchaser  to  re- 
cover,    2-932. 

Payment  of  money  procured  by  person 
with  knowledge  that  it  is  due  to  an- 
other, right  of  action  against. 
1918D-245. 

Pledge  of  property  by  agent  without  au- 
thority, right  of  principal  to  sue  for 
money  had  and  received.     1913C-1295. 

Privity  of  contract,  right  to  maintain 
action  in  absence  of.     1913A-477. 


MONEY  IN  COURT. 

Eight  to  interest  on  deposit.     1912B-1005. 


MONET  PAID— MONOPOLIES  AND  COMBINATIONS. 


575 


MONEY  PAID. 

See   Payment. 

MONOPOLIES  AND  COM- 
BINATIONS. 

1.  In  General. 

2.  Unlawful  Combinations. 

3.  Contracts  in  Bestralnt  of  Trade. 

1.    In  Oeneral. 

Anti-trust  laws,  effect  of  partial  in- 
validity.    1916D-36. 

Blacklisting  agreement,  legality.  1917A- 
644. 

"Commodity,"  legal  meaning.  1916D- 
896. 

Exclusive  rights  or  privileges,  constitu- 
tionality of  statutes  granting.  1- 
847. 

— depot  grounds,  right  of  railroad  to 
grant  exclusive  privileges.  2-190; 
14-494. 

— express  company,  right  of  railroad  to 
grant    exclusive    facilities,     13-1079. 

Frauds,  statute  of,  contracts  not  to  en- 
gage in  certain  business  as  within 
statute.     4-177;   1916E-1143. 

Patents,  effect  of  Sherman  Anti-trust  Act 
on  monopoly  conferred  by  letters 
patent.     1912D-774. 

Witness  testifying  under  federal  Anti- 
trust Act,  extent  of  immunity. 
1914C-131. 


MONOPOLIES   AND   COMBINATIONS— 

Continued. 

—restrictive  agreement  on  sale  of  copy- 
right as  combination  in  restraint  of 
trade.     9-908. 

Corporation  acquiring  stock  in  another 
corporation  for  purposes  of  control 
and    preventing    competition.     8-64. 

Criminal  conspiracy,  combination  in  re- 
straint of  trade  as  constituting. 
1913E-603;   1917B-1017. 

Damages,  right  of  action  by  merchant 
against  unlawful  combination  which 
prevents  him  from  getting  goods  to 
sell.     9-1189. 

— setoff  of  damages  sustained  by  defend- 
ant on  account  of  monopoly,  right 
to  set  up  in  action  on  collateral  con- 
tract.    1916D-946. 

Foreign  corporations,  agreement  to  with- 
draw from  state  as  combination  in 
restraint   of  trade.     1915A-2.56. 

Illegal  combinations  within  Sherman 
Anti-trust  Act.  2-956;  9-299;  1912D- 
764;    1913D-721;    1917D-329. 

Patents,  restrictive  agreement  on  sale  as 
combination  in  restraint  of  trade. 
9-908. 

Personal  services,  anti-trust  statutes  as 
applicable  to  control  price  of.  17- 
752. 

Selling  price  fixed  by  combination  or 
monopoly  as  "market  price."  1918A- 
575. 

Test  of  legality  of  combinations  in  re- 
straint of  trade.  2-339j  9-906; 
1916D-649. 


2.    Unlawful  Combinations. 

Collateral  contract  entered  into  by  mo- 
nopoly or  corporate  trust,  validity 
and  enforceability.  B-j892;  1912 A- 
1027;    1916A-122. 

— right  of  defendant  in  action  on  con- 
tract to  set  off  damages  sustained 
by  him  on  account  of  monopoly. 
1916D-946. 

Common  law,  unlawful  combinations  in 
restraint   of   trade.     1914A-430. 

Constitutionality  of  statutes  designed  to 
prevent  monopolies  and  trusts.  6- 
846;    8-721;    18-1154. 

Copyright,  agreement  regarding  sale  of 
copyrighted  books,  application  of 
Sherman  Anti-trust  Act.     1915A-372. 


3.    Contracts  In  Bestralnt  of   Trade. 

Assignability  of  contract  not  to  engage 
in  similar  business.     16-261. 

Board  of  trade,  rule  regfulating  grain 
prices  after  close  of  board  as  viola- 
tion of  Sherman  Anti-trust  law. 
1918D-1210. 

Conspiracy  to  restrain  trade,  survival  of 
right   of  action   for.     1916C-726. 

Contract  not  to  sell  goods  to  third  per- 
son during  specified  terms,  validity. 
7-55. 

Covenant  not  to  engage  in  same  or_ 
similar  business,  injunction  as  remedy 
for   breach.     15-692;    1916C-187. 

— sale  of  business  as  sufficient  considera- 
tion  for    covenant    restraining   future 


576    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


% 


MONOPOLIES   AND   COMBINATIONS— 

Continued. 

exercise  of  trade  or  profession. 
1913A-293. 
— what  constitutes  carrying  on  business 
under  covenant  not  to  within  pre- 
scribed limits.  1915A-381;  1916E- 
384. 

Damages,  measure  for  breach  of  agree- 
ment by  seller  of  business  not  to 
enter  into  business  in  competition 
with  buyer.     1914A-1153. 

Dealers'  contract  fixing  prices  to  be  paid 
by.  them  for  specified  commodities, 
validity.     1912D-934. 

Evidence,  agreement  of  seller  not  to 
engage  in  same  business,  admissi- 
bility of  parol  evidence  to  show. 
1913C-1379. 

— contract  in  restraint  of  trade,  admissi- 
bility of  parol  evidence  to  show. 
16-391. 

Goodwill  in  business,  effect  of  sale  on 
rights   of   vendor.     1914B-587. 

Intoxicating  liquors,  condition  in  deed 
prohibiting  sale  of  liquor  on  land 
granted,    validity.     1917C-112. 

Price  of  commodity  on  resale  by  vendee, 
right  of  vendor  to  control.  1916A- 
81;   1918A-958,  965;   1918C-451. 

— copyrighted  books.     1916A-84. 

Public  service  corporations,  exclusive 
interchange  of  business,  validity  of 
contract   for.     1914B-262. 

— ^price  or  rate  fixing  or  division  of  trade 
or  territory,  validity  of  contract  for. 

6-157. 

• 

Servant's  contract  not  to  engage  in 
similar  business  as  master  after  ter- 
mination of  employment,  validity. 
8-155;   1914A-500;   1916D-547. 

Territorial  extent  of  contract  in  restraint 
of  trade,  validity  of  contract  cover- 
ing whole  state  or  country.  20-661; 
1914D-631. 

Time  unlimited  under  contract  not  to  en- 
gage in  particular  business,  validity 
of    contract.     16-254. 


MONUMENTS. 

Bequest    for    purchase    or    care,    validity. 
15-606. 

Contract    to    make    monument    as    within 
Statute   of  frauds.     10-309. 


MONUMENTS— Continued. 

Liability    of    decedent's    estate    for    cost 

of  monument.     1917B-256. 
Meaning  of  term  "monument"  as  used  in 

will.     19-1158. 


MOON. 

Judicial     notice     of     rising    and    setting. 
21-352. 


MOORING. 

Eight   to   moor   vessel   at   place   in  harbor 

other  than  wharf.     20-813. 
Signal  light  on  vessel  moored   in  fairway 

or  harbor,  duty  to  display.     16-550. 


MOOT  CASE. 

Appeal  from  order  in  mandamus  after 
obedience  to  writ  as  involving  moot 
question.     2-627. 

"What  constitutes  moot  case.     1918B-558. 


MORE  OR  LESS. 

Deeds,  "more  or  less"  as  phrase  occurring 
therein.     12-297;  1917D-155. 

Personal  property  contracts,  construction 
of  term  "more  or  less."     12-294. 


MORTALITY  TABLES. 

Admissibility  in  action  for  death  by 
wrongful  act  to  show  probable  dura- 
tion of  life.     12-425;    1918A-1021. 

Judicial  notice  of  mortality  tables. 
1918B-415. 

Prerequisite  to  recovery  of  damages  for 
death  by  wrongful  act,  necessity  of 
introduction    of   tables.     1914C-685. 


MORTGAGES. 

1.  In  General. 

2.  Nature  of  Instrument. 

3.  Execution  and  Validity. 

4.  Who  may  Question  Validity. 

5.  Title  and  Interest  Conveyed. 

6.  Lien. 

7.  Eights  of  Parties. 

8.  Conveyance  of  Premises. 

9.  Foreclosure  and  Sale. 
10.  Eedemption. 


MORTGAGES. 


577 


MORTGAGES— Continued. 

1.    In  GeneraL 

Assignments  of  mortgages,  application  of 
recording  acts.     5-339;  1914C-753. 

Bank  property,  power  of  cashier  to  mort- 
gage.    1912A-95. 

Building  and  loan  mortgages,  payment  bf 
borrowing  members  on  diosalution  of 
association.     4-1080. 

Corporations,  consolidated  corporation, 
power  to  issue  mortgage  bonds.  20- 
1282. 

— power  of  president  of  corporation  to 
mortgage.     19-623. 

False  pretense,  giving  mortgage  on  prop- 
erty not  owned  by  mortgagor,  as  con- 
stituting.    14-287. 

Fire  insurance,  change  in  interest  within 
insurance  policy,  mortgage  of  prop- 
erty as.     1912B-525. 

— effect  of  mortgage  clause  making  loss 
payable  to  mortgagee  as  against  policy 
condition  for  avoidance  in  case  of 
mortgage  foreclosure.     16-668. 

— ^foreclosure  sale  of  insured  property,  ef- 
fect as  breach  of  condition  in  policy 
against  sale.     2-358. 

— liability  of  mortgagor  to  mortgagee  for 
failure  to  properly  insure  premises 
under  his  agreement  therefor.     11-936. 

— mortgage  clause  in  standard  policy,  ef- 
fect upon  application  X)f  conditions  in 
policy  to  interest  of  mortgagee.   7-399. 

• — policy  for  benefit  of  mortgagee,  loss  as 
recoverable  by  mortgagee  when  mort- 
gagor fails  to  furnish  notice  and  proof. 
13^36. 

Gift  of  mortgage  inter  vivos  without 
writing,    validity.     1916C-814, 

Inheritance  taxes,  mortgage  debts  as  de- 
ductible from  realty  or  personalty  in 
assessing  succession  tax.     14-860. 

Mechanic's  lien,  loss  of  lien  by  taking 
mortgage   security.     1916D-179. 

— mortgagee  as  necessary  or  proper  party 
to  foreclosure  action.     1918B-19. 

Merger  of  estates  as  applied  to  mortgages. 
7-702. 

Notes  secured  by  mortgage,  interest  and 
date  of  maturity  as  controlled  by. 
5-151. 

Partnership     assets,     power    of    surviving 
partner  to  mortgage.     4-472. 
Index  to  Notes — 37 


MORTGAGES — Continued. 

Taxation,  deduction  of  mortgage  debt 
against  full  value  of  land  for  tax  pur- 
poses.    15-188. 

Trust  property,  power  of  trustee  to  mort- 
gage. 1-942;  9-643;  10-255;  1916C- 
606. 

2.    Nature  of  Instrument. 

Absolute  deed  as  equitable  mortgage,  con- 
struction in  favor  of  third  person. 
1917C-970,  979,  981,  985. 

—defeasance  instrument  accompanying  ab- 
solute conveyance  of  land,  effect  of. 
1914C-1079. 

— effect  of  lapse  of  time  on  right  to  have 
declared.     1914B-354;    1918C-755. 

—price  as  consideration  in  determining 
whether  deed  was  intended  as  mort- 
gage.    20-1199. 

Instrument  in  form  of  chattel  mortgage 
as   mortgage    on   realty.     14-1101. 

Mortgage  as  security.     1914D-625. 

Movable  or  immovable  property,  mort- 
gage  on  land  as.     20-715. 

Recordation  as  deed  of  instrument  in- 
tended  as   mortgage,   effect.     8-104. 

Trust  deed  and  power  of  sale  mortgage 
of  realty,  distinction  between.     191 3 A- 

1045. 


3.    Execution  and  Validity. 

Attesting  witness,  competency.  15-591; 
1917A-235. 

Attorney's  fees  on  foreclosure,  validity 
and  enforceability  of  provision  fixing. 
19-1068. 

Conflict  of  laws  as  to  validity  and  effect. 
1913C-230. 

Crops  to  be  planted,  validity  of  mortgage 
on  or  agreement  to  mortgage.  5- 
400. 

Deed  operating  as  mortgage  under  parol 
agreement,  effect  of  statute  of  frauds. 
11-313. 

"Etc.,"  legal  meaning  as  used  in  mortgage. 
1912C-174. 

Future  advances,  validity  and  construc- 
tion of  mortgage  on  realty  to  secure. 
1913C-552. 

Government  land,  mortgage  made  by 
homestead  claimant  prior  to  final 
proof,   validity.     9-934. 


578    INDEX  TO  THE  NOTES,  I.ANN.  CAS.  TO  ANN.  CAS.  1918E. 


MOBTGAGES — Continued. 

Homestead,  validity  of  mortgage  by  hus- 
band without  joinder  or  consent  of 
wife.     9-9;    15-1120;    1917A-75. 

Name  of  mortgagor,  omission  from  cer- 
tificate of  acknowledgment,  effect. 
2-990. 

Oral  agreement  to  mortgage,  applicability 
of  statute  of  frauds.     6-46. 

— to  deliver  possession  of  mortgaged  realty 
to  mortgagee,  validity.     1914U-926. 

Usury  law  governing  validity  of  mortgage 
on  lands  in  one  jurisdiction  given 
to  secure  debt  contracted  or  obliga- 
tion executed  in  another  jurisdiction. 
11-225. 

Void  mortgage,  instrument  void  on  face 
as  entitled  to  record.     1912C-675. 


4.    Who  may  Question  Validity. 

Assumption  by  purchaser  of  property,  es- 
toppel   to    deny    validity.     1914A-185. 

Corporation  making  without  required  con- 
sent of  stockholders,  right  of  creditor 
to  object  to  mortgage.     1916C-1039. 

Defense  of  usury  as  available  to  pur- 
chaser assuming  mortgage.  1914A- 
188. 

Invalidity  of  previous  mortgage,  right  of 
mortgagee  to  assert.  21-1165;  1913B- 
689. 

Usurious  interest,  defense  as  available  to 
purchaser    of    property.     2-46. 


5.    Title  and  Interest  Conveyed. 

Annexation  of  articles  to  land,  effect  of 
agreement  as  to  character  on  rights 
of  mortgagee.     4-1073. 

Condemnation  proceedings,  right  of  mort- 
gagee to  award.     4-944. 

Creditor's  bill  to  reach  interest  under 
mortgage.     1914B-953. 

Fixtures,  gas  or  electric  light  plant  or  ac- 
cessories as  fixtures  as  between  mort- 
gagor and  mortgagee.     1917B-185. 

Freeholder,  mortgagor  or  grantor  in  deed 
of  trust  as.     1913D-328. 

"Interest,"  meaning  of  term  as  used  in 
mortgage.     1912B-o25. 

Stoves  and  heating  apparatus  as  realty 
passing   under   mortgage.     2-375. 


MORTGAGES— Continued. 

Trade  fixtures  placed  on  premises  after 
giving  mortgage,  right  of  mortgagee 
to.     13-671;   18-939. 


6.    Lien. 

Alteration  of  note  as  affecting  mortgage 
security.     1913E-317. 

Assignee's  rights  as  against  prior  equities. 
1918C-479. 

Attorney's  lien  on  mortgage  in  hfc  pos- 
session in  connection  with  litigation. 
1917D-149. 

Bankruptcy  proceedings  under  federal  act 
as  affecting  lien.     1913E-850. 

Continuance  of  lien  after  payment  to 
secure  another   debt.     4-316. 

Extinguishment  by  tender  of  mortgage 
debt,  by  whom  tender  must  be  made. 
7-1065;    1914B-721. 

Future  advances,  priority  of  mortgage 
to  secure  over  subsequent  incum- 
brance.    1913C-555. 

Mechanic's  lien  for  improvements  by 
mortgagor.     2-689;    1916C-1135. 

Priority  as  between  purchase-money  mort- 
gage and  other  lien  or  claim.  1916C- 
945,  958. 

— mechanic's  lien  and  mortgage.  1916B- 
634,  667,  669,  672,  674. 

Eevival  of  lien  as  effected  by  payment 
on  barred  debt  secured  by  mortgage. 
1912B-508. 

Tender  of  mortgage  debt  after  maturity 
and  before  foreclosure,  effect  on  mort- 
gage.    8-363. 

Wages,  priority  of  employee's  statutory 
lien  for  wages.     10-344. 

—validity  of  statute  giving  employee  lien 
for  wages  superior  to  lien  of  mort- 
gage.    4-1027. 

7.    Eights  of  Parties. 

Acceleration  clause,  accrual  of  action  for 
mortgage  debt  as  affected  by.     2-854. 

Assignment,  right  of  one  paying  debt  to 
have.     1914B-562. 

"Assigns,"  mortgagee  and  mortgagor  as 
included  within  term.     1913B-738. 

Bond  or  coupon  secured  by  corporate 
mortgage,  individual  holder's  right  of 
action.     1915D-981. 


MORTGAGES. 


579 


MORTGAGES— Continued. 

— liability  as  for  negligence  of  trustee 
in  corporate  mortgage  to  bondholder. 
1915A-239. 

Collateral  agreement  made  as  condition 
of  mortgage  loan,  enforceability  after 
payment    of    mortgage.     1914B-442. 

Conveyance  conditioned  for  grantor's  sup- 
port by  grantee,  as  mortgage  enforce- 
able by  foreclosure.     12-900. 

— validity  of  agreements  for  conveyance 
of  premises  by  mortgagor  to  mortgagee 
in  consideration  of  release  from  lia- 
bility under  mortgage.     19130-1243. 

Execution  sale,  right  of  mortgagor  or  mort- 
gagee  to   enjoin.     1918C-271. 

Extension  of  time  to  grantee  who  has 
assumed  mortgage  debt  as  releasing 
personal  liability  of  mortgagor.  9- 
259. 

Fire  insurance,  effect  of  award  of  ap- 
praisers on  rights  of  mortgagee  to 
whom  loss  is  payable  under  policy. 
18-271. 

— ^interest  of  mortgagee  in  insured  prop- 
erty as  affected  by  mortgage  clause  in 
standard  fire  insurance  policy.     7-399. 

— policy  procured  by  mortgagor  for  benefit 
of  mortgagee,  application  on  mortgage 
debt  of  money  received  for  loss.    9-66. 

— subrogation  of  insurer  to  rights  of  mort- 
gagee.    1917B-1135. 

— ^who  may  sue  on  policy  covering  mort- 
gaged property  with  loss  payable  to 
mortgagee.     4-543. 

Fraudulent  conveyance,  mortgagee  as  cred- 
itor entitled  to  attack.     1917C-953. 

Injuries  to  premises  by  third  person, 
mortgagor's  right  to  sue.     1913A-652. 

Leasehold  estates,  renewal  by  mortgagor 
or  mortgagee  as  raising  implied  trust. 
7-298. 

Married  woman,  right  to  mortgage  her 
property  to  secure  husband's  debts. 
1917B-604,   618,  623. 

Marshaling  assets,  inverse  order  of  alien- 
ation within  doctrine  of  marshaling 
assets.     1916D-1119. 

Mortgagor  appointed  administrator  or  ex- 
ecutor, effect  on  mortgage  or  debt 
secured.     1912D-667. 

Nuisance  injurious  to  premises,  action  for 
damages  by  mortgagee.     1-272. 


MORTGAGES— Continued. 

Parol  agreement  to  discharge  mortgagor 
from  personal  liability  as  within  stat- 
ute of  frauds.     1914B-122. 

Purchaser  pendente  lite,  mortgagee  as. 
1918C-61,  86. 

Receiver  for  mortgaged  realty,  power  of 
court  to  appoint.     1915D-1035. 

Reformation  of  description  in  mortgage, 
right  as  against  purchaser  without 
notice.     1918D-149. 

Release  by  mortgagee  to  grantee  of  mort- 
gagor, effect  on  liability  of  mort- 
gagor for  mortgage  debt.     6-550. 

Rents  and  profits  in  hands  of  mortgagee 
in  possession,   application  of.     3-1132. 

— mortgagee's  liability  for  rent  as  con- 
structive assignee  of  lease.  1916E-813, 
837. 

— power  of  trustee  of  corporate  mortgage 
to  release  of  mortgaged  property. 
1916D-1182. 

— right  to  rent  as  between  mortgagor  and 
mortgagee.     1916D-196,  201. 

Resulting  trust  in  favor  of  wife  as  affect- 
ing rights  of  mortgagee  in  land  pur- 
chased by  husband  in  own  name  with 
wife's  money.     1915D-634. 

Satisfaction  of  mortgage  or  deed  of  trust 
out  of  nonexempt  property,  right  of 
debtor  to  require  creditor.  1913B- 
394. 

Special  assessment,  right  of  mortgagee  of 
property  to  notice  of  proceeding  to 
levy.     1912D-536. 

Subrogation  of  junior  mortgagee  upon 
payment  of  senior  mortgage  as  af- 
fected by  discharge  of  same  from 
record.     5-902. 

Taxation,  exemption  of  money  loaned  on 
mortgage  security,  validity  of  statute. 
1916E-757. 

— payment  of  tax  on  mortgaged  property 
by  mortgagee,  right  to  recover  in  di- 
rect suit  against  mortgagor."    15-525. 

. — subrogation  to  tax  lien,  right  of  mort- 
gagee paying  tax.  17-1135;  1912B- 
751. 

— tax  title  on  mortgaged  premises  right  of 
mortgagee   to   acquire.     11-759. 

Trees  or  timber,  right  of  mortgagee  to 
injunction  to  prevent  injury.     11-460. 

Wife's  separate  property  for  husband's 
debt  as  constituting  suretyship.  5- 
€43;  1912D-108. 


580    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  19T8E. 


MORTGAGES — Continued. 

— extension  of  time  to  husband  as  dis- 
charging wife.     12-548. 

Written  matter  as  controlling  printed. 
1913E-962. 

8.    Conveyance  of  Premises. 

Antecedent  debt  as  consideration  constitu- 
ting mortgagee  purchaser  for  value. 
3-395. 

Assumption  of  mortgage  debt  by  grantee 
in  deed,  when  action  on  agreement  is 
barred.     21-679. 

— deficiency  judgment,  liability  of  grantee 
assuming  mortgage  on  which  grantor 
is  not  liable.     1914C-846. 

— provision  in  deed  whereby  grantee  as- 
sumes as  covenant  running  with  land. 
15-1055. 

Bona  fide  purchaser  doctrine  as  applicable 
to  purchase  of  equitable  interest. 
1918C-461. 

Equity  of  redemption  as  passing  by  quit- 
claim deed.     1913C-366. 

Limitation  of  action,  right  of  assignee  or 
grantee    of    mortgagor    to    plead.     1- 

1003. 

Quitclaim  deed  as  passing  either  equity  of 
redemption  or  rights  of  mortgagee. 
1913C-366. 

Revival  of  debt  by  subsequent  purchaser, 
act  of  grantee  who  takes  subject  to 
mortgage  as  reviving  or  keeping  alive 
debt  secured  thereby.     1914C-1111. 

Tax  title,  right  of  purchaser  of  land  sub- 
ject to  mortgage  to  acquire  tax  title 
thereto.     1916B-866. 

Vendor's  lien,  right  of  mortgagee  to  en- 
force against  vendee  of  property. 
1914C-502*. 


9.     Foreclosure  and  Sale. 

Appraisal  in  foreclosure  proceedings,  substi- 
tution of  phrase  "et  al."  in  place  of 
names.     13-572. 

Corporate  mortgage,  trustee's  power  to  bid 
in  property  for  benefit  of  bondholders. 
1915A-237. 

— trustee's  liability  as  for  negligence  to 
bondholders.     1915A-239. 

Creditor  of  vendor,  right  to  enforce  mort- 
gage assumed  by  vendee.     1914C-499. 


MORTGAGES — Continued. 

Decedent's  estate,  presentation  of  claim  aa 
condition  precedent  to  enforcement  of 
mortgage  against,     1917B-156,  164. 

Deficiency,  personal  liability  of  person 
procuring  mortgage  to  be  given  or  as- 
sumed in  name  of  another.  1917A- 
687. 

Distribution  of  proceeds  of  mortgaged 
property,  right  to  priority  between  sev- 
eral notes  secured  by  the  mortgage. 
19140-143. 

Inadequacy  of  price  as  ground  for  vacat- 
ing or  setting  aside  foreclosure  sale. 
1915C-749, 

Indemnity  mortgage,  right  to  foreclose 
prior  to  suffering  damage  by  reason  of 
indemnity.     3-482;   1913D-1152. 

Injunction  against  sale  under  mortgage  or 
trust  deed,  conflicting  liens  or  rights 
or  because  of  disputed  title  as  ground. 
1917D-125. 

— debt  secured  barred  by  statute  of  limita- 
tions as  ground  for  restraining  fore- 
closure sale.     7-189. 

—error  in  amount  of  mortgage  indebted- 
ness as  ground  for  enjoining  foreclos- 
ure sale.     1912C-572, 

Intervention,  contract  creditors,  right  to 
intervene  in  foreclosurn  suit.     3-1091. 

— federal  courts,  intervention  of  inter- 
ested  parties.     1913D-1040. 

Leasehold  rights,  effect  of  foreclosure. 
1915A-397. 

Limitation  of  action  to  foreclose  as  sus- 
pended by  absence  of  mortgagor  from 
state.     8-1173. 

Notice  of  foreclosure  sale,  Sunday  ap- 
pointed as  day  of  sale,  validity  of  no- 
tice.    1916B-16. 

Order  of  sale  of  parcels  of  land  conveyed 
successively  by  mortgagor  as  affected 
by  assumption  of  mortgage  debt. 
1914A-715. 

Partial  invalidity  of  statute  relating  to 
foreclosure  sale,  effect.     1916D-47. 

Parties,  mortgagor  who  has  conveyed  in- 
terest in  premises  as  necessary  or 
proper  party.     1913A-83. 

— remedy  of  one  improperly  omitted  as 
party  to  proceedings.     4-848. 

Place  of  sale  under  power  of  sale  "at 
courthouse,"  where  courthouse  is  re- 
moved or  destroyed  or  there  is  more 
than   one.     11-106. 


MORTIFICATION— MOTIVE. 


581 


MORTGAGES— Continuea. 

Pledge  of  mortgage  as  collateral  security, 
right  of  pledgee  to  foreclose.     16-125. 

Power     of    sale    in     mortgage    as    power 

coupled   with   interest.     4-58;    1918E- 

1021. 
— necessity    of    notice    by    mortgagee    to 

mortgagor    of    intention    to    exercise. 

11-170. 

Proceeds  of  foreclosure  applied  on  barred 
note  as  part  payment  sufficient  to  re- 
vive.    14-980. 

Property  of  quasi-public  corporation,  fore- 
closure, necessity  that  sale  be  as  en- 
tirety and  w^ithout  right  of  redemp- 
tion.    1913A-624. 

Bailroad  property,  foreclosure  and  sale, 
liability  of  purchaser  for  prior  debts 
and  personal  contracts.     6-86. 

Keformation  of  mortgage,  right  of  pur- 
chaser to  maintain  bill  in  equity  to 
correct  description  of  land  contained 
in  mortgage.     1913D-1006. 

Sale  as  passing  title  of  all  parties.  1914D- 
283. 

Subrogation  of  purchaser  to  rights  of  mort- 
gagee or  other  claimant  in  case  of 
invalid  sale.     1917D-576. 

Successive  foreclosures  of  mortgage  payable 
in  installments,  right  to.     1912C-846. 

Tenants  in  common,  right  of  one  who  pays 
mortgage  debt  to  enforce  mortgage 
against  cotenant.      10-282;  1912C-1264. 

— sale  of  common  property  under  power 
in  trust  deed,  right  of  tenant  in  com- 
mon to  buy.     17-1169;   1914A-1031. 

Trust  deeds,  power  of  trustee  to  resell 
property  after  invalid  first  sale.  17- 
755. 

Waiver  by  mortgagee  of  rights  acquired. 
1913A-858. 


MORTGAGES— Continued. 

Married  woman's  right  to  redeem  dur- 
ing life  of  husband.     6-475;  15-315. 

Redemption  right  as  incident  of  mortgage. 
1912D-959. 

Tenant  for  years,  right  to  redeem  premises. 

4-807. 

Tender  of  mortgage  debt  after  foreclosure, 
effect.     1914C-677. 

Value  of  mortgagor's  interest  as  affecting 
insolvency  within  bankruptcy  law. 
11-451. 


MORTIFICATION. 

Damages,  mortification  on  acount  of  dis- 
figurement as  element  of  damages  re- 
coverable for  personal  injuries.  1918D- 
65. 


MORTMAIN. 

Gift  in  violation  of  statute  as  void  or  void- 
able.    10-1030. 


MORTUARY  TABLES. 

See  Mortality  Tables. 


MOTHER. 

stepmother      as      included      under     term 
"mother."     1914B-62. 


MOTIONS. 

See  Judgments;  New  Trial;  Verdict. 
Amicus    curiae,    power    to    make    motion. 
1915A-197. 

Res  judicata  rule  as  applicable  to  motions  in 
pending    action.     1914D-974. 


10.    Redemption. 

Debts  subsequently  contracted  between 
parties,  necessity  that  person  filing  bill 
to  redeem  pay  all  such  debts.  1914A- 
730. 


Dower    right    in    equity 

112-481;   1913B-1310. 
Extension    of    time    for    redemption,    con 
stitutionality  of  act.     2-801. 
i 


of    redemption. 


l/cssee's  right  to  redeem  from  foreclosure 
of  mortgage.     1915A-400. 


MOTIVE. 

Act  lawful  in  itself  not  rendered  unlawful 
by  malice.  1-250;  16-810;  1912D-798; 
1916C-438. 

Criminal  law,  motive  as  provable  by  evi- 
dence of  extraneous  crimes.     7-66. 

Inspection  of  corporate  books,  motive  of 
stockholder  for  demand  as  affecting 
statutory  right.     10-991. 

Murder,  necessity  of  proving  motive. 
1912C-236. 


582    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


MOTIVE — Contintied. 

Ordinances,  judicial  inquiry  into  motive 
for  enactment.  1912A-716;  1917B- 
834. 

Statute,  judicial  inquiry  into  motive  for 
enactment.     1-570. 

Suicide,  existence  or  lack  of  motive,  weight 
as  evidence  of  fact.     17-38. 


MOTOR  BOATS. 

statutory  or  municipal  regulation.     1915C- 
1139. 


MOTORCYCLES. 

Automobiles,  rights  and  duties  of  drivers 
with  respect  to  motorcycles.  1916E- 
676. 

Law  of  motorcycles.     1917A-218,  228,  232. 


MOVING  PICTUEES— Continued. 

Portrait  or  name,  unlawful  use  in  moving 
picture.     1916C-308. 

Statutory  regulation.     1913E-1306;  1916C- 

301. 
— liberty  of  speech  and  press  as  violated 

by   statutory  regulation.     1915B-1186. 

Sunday  laws  as  prohibiting  exhibitions. 
16-408;  21-682;  1914C-782;  1916C-304. 

Theater  leases,  construction.     1916C-307. 

MOVING  TRAIN. 

Liability  of  carrier  to  passenger  for  in- 
juries received  in  going  from  one  car 
to  another  of  moving  train.  16-446; 
1916A-144. 

MULATTO. 

See  Negroes. 


MOTORMAN. 


Care  required  of  motornoan  on  approaching 
car  discharging  passengers.  1912B- 
863. 

— seat,  vestibule  or  other  convenience  or 
protection  for  motorman,  validity  of 
statute  or  ordinance  requiring  street 
railway  to  provide.     1914D-616. 


MOTOR  VEHICLES. 

See  Automobiles;   Motorcycles. 

Meaning  of  term  "motor  vehicles."  16- 
608. 

"Vehicle,"  "carriage"  or  similar  term  as  in- 
cluding motor  vehicle.  6-922;  1913B- 
755;  1916B-513. 

MOVING  HOUSES. 

Use  of  streets  for  purpose.     1-114. 

MOVING  PICTURES. 

Copyright  of  book,  play  or  the  like  as  in- 
fringed by  moving  picture  illustra- 
tions.    1913A-1287;    1916C-305. 

English   Cinematograph   Act.     1916C-309. 

Films,   importation    under    federal    regula- 
tion.    1916C-318. 
— lease  or  sale  of  film.     1916C-307. 
Fire  inspection  regulation.     1915C-1214. 


MULES. 

Larceny,  sufficiency  of  proof  with  respect 
to  description  in  indictment.     17-739. 


MUNICIPAL  CORPORA- 
TIONS. 

1.  In  General 

2.  Charter,  Incorporation  and  Limits. 

3.  Legislative  Control. 

4.  Powers  of  Municipality. 

5.  Ordinances. 

A.  Adoption  and  Formal  Requisites. 

B.  Validity  Generally. 

C.  Construction  Generally. 

D.  Territorial  Effect. 

E.  Obligation  or  Contracts. 

P.    PARTICLT.AR    SUBJECTS. 

G.  Violation  or  Ordinanoe. 
H.  Repeal. 
I.  Evidence. 

6.  Fiscal  Management. 

A.  Generally. 

B.  Bonds. 

C.  Debt  Limit. 

7.  Contracts. 

A.  Generally. 

B.  Letting  Contract. 

C.  Eight  or  Action. 


MUNICIPAL  CORPORATIONS. 


583 


MUNICIPAL  CORPOBATIONS  —  Con- 
tinued. 

8.  OflB,cers  and  Agents. 

9.  CounciL 

10.  Fire  and  Police  Departments. 

11.  Property,    Improvements     and    PuWic 

Works. 

12.  Franchises. 

13.  Torts. 

14.  Claims  Against  Mimicipality. 

15.  Actions. 

16.  Criminal  Liability. 

See  Public  Officers;  Streets  and  Highways. 

1.    In  GeneraL 

Building  restriction  or  restrictive  agree- 
ment as  binding  public  corporation. 
1918B-591, 

"City"  as  including  town  or  village.  1914B- 
215. 

Classification,  constitutional  provision  for 
transition  from  one  class  to  another  as 
self-executing.     1916D-868. 

Constitutional  provisions  self-executing  as 
to  municipalities.  7-629;  18-201; 
1914C-1117. 

"Corporation"  as  including  municipal  cor- 
poration.    1913B-740. 

County  as  municipal  corporation.  1914C— 
968. 

Dedication  of  land  for  public  use  by  muni- 
cipality, necessity  for  acceptance. 
1917D-452. 

Election  held  in  one  voting  place  for  whole 
municipality  instead  of  by  wards  and 
precincts,   validity.     1915C-648. 

— propositions  submitted  to  voters,  neces- 
sity of  stating  singly.  2-369;  12-851; 
1912D-319. 

Estoppel  of  municipality  to  deny  validity 
of  acts.     1-326. 

Eviction  of  tenant  by  act  of  municipal 
authorities.     1915C-402. 

False  pretenses,  fraud  on  municipality  as 
constituting  attempt  to  obtain  money 
by    false    pretenses.     1917B-1232. 

Fire,  loss  sustained  through  failure  of  ade- 
quate water  supply,  liability  of  water 
company  under  contract  with  munici- 
pality to  furnish  water  for  fire  protec- 
tion.    20-625. 


MUNICIPAL  CORPORATIONS  —  Con- 
tinued. 

—right  of  action  by  private  citizen.  2- 
480;  9-1070;  1913D-461. 

Freeholders  competent  to  petition  for  or 
against  municipal  action,  who  are. 
1913D-333. 

Gift  for  municipal  purposes  as  valid  chari- 
table gift.     1914A-1217. 

Inspection  of  books  or  papers  of  munici- 
pality, power  of  citizen  or  taxpayer. 
1913E-60. 

Investigation  of  city  government  by  legis- 
lative committee.     1916B-1060. 

Judicial  notice  of  location.     12-934. 

Municipal  court,  jurisdiction  to  try  of- 
fenses against  state  laws.     lS-53. 

— partial  invalidity  of  statute  relating  to 
municipal   courts,   effect.     1916D-43. 

Paupers,  liability  of  municipality  for  fail- 
ure to  furnish  relief.     1913D-1074. 

— medical  attendance  furnished  pauper  by 
individual,  liability  of  municipality. 
1916D-183. 

Quarantine  regulations,  liability  for  en- 
forcement.    9-814;  16-737. 

Records,  parol  evidence  to  aid,  vary  or 
contradict,  admissibility.     7-1045. 

Statutes  relating  to  municipal  corpora- 
tions, effect  of  partial  invalidity. 
1916D-71. 

"Town"  as  limited  to  incorporated  town. 
1914D-230. 

Trustee,  capacity  of  municipality  to  act 
in  case  of  bequests  for  support  of 
schools.     8-927. 

"Village,"  meaning  of  term.     1918D-258. 

Woman  suffrage,  validity  of  municipal 
authorization.     1918C-906. 

Workmen's  Compensation  Act  as  applicable 
to  municipal  employees. .  1917D-26, 
33.  ' 


2.    Charter,  Incorporation  and  Limits. 

"Adjacent,"  meaning  of  term  in  statute  re- 
lating to  incorporation  of  village. 
1913B-171. 

Annexation  of  territory,  collateral  attack 
upon  proceedings.     3-243. 

' — liability  of  municipality  for  defects  in 
highways  in  annexed  or  newly  ac- 
quired territory.     17-197. 


584    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


MUNICIPAL  CORPORATIONS  —  Con- 
tinued. 

— necessity  that  property  annexed  be  ad- 
jacent or  contiguous.     1913D-401. 

— special  or  local  laws  annexing  and  con- 
solidating corporations,  constitution- 
ality.    3-499. 

Charter,  amendment  or  adoption  of  new, 
validity  of  statute  conferring  power. 
1913C-788;  1918E-580. 

— change,  when  to  be  regarded  as  creating 
new  charter  instead  of  mere  amend- 
ment thereof,     1914D-1171. 

— grant  of  power  to  amend  charter  as  con- 
stituting invalid  delegation  of  legis- 
lative powers.     1915D-105. 

Collateral  attack  on  legality  of  municipal 
organization.  3-242;  11-1060;  1913  A- 
592. 

Commission  form  of  government.  1917C- 
1103,  1125,  1132;    1918D-878. 

— right  to  adopt  commission  form.  1912C- 
999;  1915A-1217;  1917C-1104,  1125. 

Consolidation  of  corporations,  constitu- 
tionality of  special  or  local  laws.  3- 
499. 

De  facto  organization,  estoppel  of  state  to 
question  validity.     21-261. 

Dissolution  by  nonuser  or  misuser  of  fran- 
chise.    12-1137. 

Initiative  and  referendum  provision  in 
charter,  constitutionality.  11-920; 
1918D-604. 

— construction  of  provision.     1916B-819. 

New  municipality,  creation  only  on  ratifi- 
cation by  voters  within  territory  af- 
fected, validity  of  statute  authorizing. 
1914C-626. 

Territorial  limits,  extension  including  state 
property,    validity.     1915A-1014. 

— ^jurisdictisn  over  locality  acquired  for 
taxing  purpose  by  lapse  of  time. 
1913A-1342. 


3.    Legislative  Control. 

Classification  according  to  differences  in 
population,  validity  of  statute.  15- 
856. 

Elections,  power  of  legislature  to  define 
qualifications  of  voters  at  municipal 
elections.     7-667. 

Local  statutes  as  relating  to  cities.    4-660. 


MUNICIPAL  CORPORATIONS  —  Con- 
tinued. 

Mobs,  liability  for  injuries  caused,  consti- 
tutionality of  statute  making  munici- 
pality liable.  6-268;  14-1133;  1913B- 
1351. 


4.    Powers  of  Municipality. 

Bridge  within  municipal  limits,  power  of 
municipality  to  compel  railroad  or 
street  railway  to  repair.     1916C-1171. 

Business  competition  with  citizen,  right  of 
municipality     to    er.ter    into.     1918B- 

104. 

Draining  surface  water  from  highways 
upon  adjacent  land,  right  of  munici- 
pality. 6-990;  7-687;  8-1024;  1912B- 
915. 

Earth  and  gravel  in  streets,  power  of  city 
to  dispose  of  surplus.     2-596. 

Electric  poles  and  wires  in  street,  power  to 
compel  removal.     1917E-525,  539,  557. 

FJminent  domain,  condemnation  of  land  to 
construct  spur-track  connecting  muni- 
cipal works  with  railroad,  right  of 
municipality.     19i2B-382. 

— exercise  of  power  without  legislative  au- 
thority, right  of  municipality.  1912C- 
199. 

- — quantity  and  location  of  property  taken 
as  matter  of  discretion.     2-947. 

— state  or  public  lands  as  subject  to  con- 
demnation by  municipal  corporation. 
15-488. 

Extraterritorial  exercise  of  corporate 
powers,  right  of.  7-521;  10-132; 
1912C-938. 

Flagmen  at  railroad  crossings,  power  to  re- 
quire railroad  to  maintain.     5-301;  6- 
,  510. 

Immoral  show  or  exhibition,  right  to  sup- 
press.    1915B-322. 

Income  taxes,  right  of  municipal  corpora- 
tion  to   impose.     1913C-1005. 

Local  self-government,  powers  conferred 
by    constitutional    grant.     1914D-969. 

Markets,  market  stalls  or  stands  in  public 
street;  power  to  establish  or  license. 
1914D-352. 

Mechanics'  liens,  right  of  municipal  corpo- 
ration to.     7-430. 

Railroad  or  street  railway,  stopping  cars  at 
certain  point,  power  of  municipality  to 
require.     17-552;  1914D-1092. 


MUNICIPAL  CORPORATIONS. 


585 


■ 


MUNICIPAL  CORPORATIONS  —  Con- 
tinued. 

Rewards,  power  to  offer.     3-157;  21-62. 

Sewers,  extraterritorial  exercise  of  corpo- 
rate powers.     7-522. 

Shade  trees,  power  to  remove  from  streets. 
1-785;   16-642;  1913C-1013. 

Sprinkling  streets,  power  in  respect  to.  6- 
982;  12-611. 

Street  railway,  right  to  compel  company  to 
construct  new  line.     1913D-142. 

Streets  in  city,  jurisdiction  as  between  city 
and  county  including  city.  1914A- 
1051. 

Tolls  on  bridge  under  its  control,  right  to 
collect.     1914D-515. 

Trust,  charitable  trust,  power  of  munici- 
pality to  act  as  trustee.     8-1182. 

— power  of  municipality  to  take  property 
as  trustee.     17-746. 

Tunnel  under  street,  power  to  permit 
private  citizen  to  construct.  1916B- 
750. 

Waterworks,  power  of  municipality  tc| 
compel  extension  of  system.  1916D- 
285. 

5.     Ordinances. 

A.    Adoption  and  Formal  Requisites. 

Holiday,  validity  of  adoption  or  publi- 
cation of  ordinance  on  holiday. 
1916E-849. 

Incorporation  of  matter  into  ordinance  by 
reference.     1914D-723. 

Injunction  against  passage  of  ordinance 
or  resolution.     19-208;  1913E-96. 

Passage  in  violation  of  rule  of  municipal 
council,  validity.     1914D-1199. 

Penal  ordinance,  necessity  that  penalty 
be  certain.     21-349. 

Reconsideration  and  adoption  of  defeated 
ordinance,  right  of  municipal  coun- 
cil.    1913B-804. 

"Require,"  legal  meaning  in  statute  relat- 
ing to  adoption  of  ordinances.  1912  A- 
1236. 

Resolutions,  propriety  of  exercise  of 
power  by  municipality.  3-654;  6-471; 
1913C-1321. 

Title  of  ordinance,  necessity  that  it  fully 
express  subject  matter.     1912C-192. 


MUNICIPAL 

tinned. 


CORPORATIONS  —  Con- 


B.     Validity    Geneeallt. 
Discretion  as  to  enforcement  of  ordinance 
vested  in  municipal  officials  as  affect- 
ing its  validity.     6-749,  1015;  13-652. 

Motives  prompting  enactment,  judicial 
inquiry   into.     1912A-716;    1917B-834. 

Objection  to  constitutionality  of  ordi- 
nance, who  may  raise.  19-175; 
1915C-57. 

Ordinance  covering  same  ground  as  stat- 
ute, validity  and  eft'ect.  4-2;  13- 
799;  1912D-677. 

Partial  invalidity  of  ordinance,  effect. 
1916D-14. 

Presumption  and  burden  of  proof  as  to 
validity   of   ordinance.     1916B-502. 

Prohibition  as  remedy  to  review  deter- 
mination of  validity  of  ordinance. 
1913D-596. 

Reasonableness  of  ordinance  as  question 
of  law   or   fact.     1914B-204. 

Special  laws,  applicability  of  constitu- 
tional prohibition  against  special  laws 
conferring  corporate  privileges  or 
powers.     9-1172. 

C    Construction  Generallt. 

"And"  and  "or,"  construction  of  one  term 
as  other  in  ordinance.     1913A-1058. 

"Contiguous,"  meaning  as  used  in  ordi- 
nance.    1918E-800. 

Opinions,  acts,  etc.,  of  members  of  coun- 
cil as  aid  to  interpretation  of  ordi- 
nance.    1917B-829. 

Ordinance  as  law.     1917C-687. 
— Webb-Kenyon    Act,    ordinance    as    law 
within   purview  of  act.     1918B-278. 

Penal  ordinance  as  subject  to  strict  or 
liberal  construction.     17-212. 

"Similar,"  meaning  of  word  in  ordinance. 
18-792. 

D.    Territoriai,  Effect. 

Applicability  of  municipal  ordinance  to 
state.     17-1003. 

Territorial  effect  of  ordinance.     13-136. 

E.    Obligation  of  Contracts.    . 

Impairment  of  ordinance  granting  privi- 
lege as  impairment   of   contract   obli- 


586    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


MUNICIPAL  CORPORATIONS  —  Con- 
tinued. 

gation.     3-88,     986;     6-259,     601;     8- 
622;   1915A-899. 

Ordinance  as  within  purview  of  clause  in 
federal  constitution  against  impair- 
ment of  obligation  of  contracts.  12- 
503. 

Public  service  corporation,  ordinance  re- 
lieving public  service  corporation 
from  charter  obligations,  power  of 
municipality    to    enact.     1914D-1071. 

F.    Particular   Subjects. 
Advertising,  municipal  control.     16-699. 

Automobiles,  equipment,  use  of  streets,  or 
the  like,  regulation  with  respect  to. 
1916E-1047. 

— regulation  in  matters  other  than  speed. 
5-793. 

Billboards  and  signs,  municipal  regulation. 
2-897;  16-766;  1913D-958;  19160-491; 
1917C-596. 

Billiard  and  pool  tables  as  subject  of  ex- 
ercise of  police  power.  11-66;  19131)- 
1052. 

Bread,  validity  of  ordinance  regulating 
manufacture   or   sale.     17-617. 

Brick,  validity  of  ordinance  regulating 
manufacture.     1917B-931. 

Building  line,  validity  of  legislation  es- 
tablishing.    19-188;   1914B-194. 

— permits,  validity  of  ordinance  requiring 
permit  to  erect  or  repair  building 
within  city.     13-1187. 

Cattle  within  municipal  limits,  validity 
of  ordinance  regulating  keeping. 
1917E-929. 

Closing  hours  of  business  places  (other 
than  liquor  saloon)  validity  of  ordi- 
nance  fixing.     1918D-200. 

Commission  merchants,  validity  of  mu- 
nicipal regulation.     1917B-631. 

Crematories,  municipal  regulation.     1915C- 

807. 

Dance-hall  regulation.     1915C-1110. 

Dead  animals,  constitutionality  of  ordi- 
nance  regulating   removal.     2-496. 

Demurrage,  validity  of  ordinance  provid- 
ing for  reciprocal  demurrage.  13- 
964;   19-1092;   1916E-701. 

Detectives,  municipal  regulation  of 
private  detectives.     1917A-584. 


MUNICIPAL  CORPORATIONS  —  Con- 
tinued. 

Eggs,  validity  and  construction  of  ordi- 
nance regulating  sale.     1918A-184. 

Electricians,  validity  of  regulation. 
1916E-694. 

Firearms,  discharge  in  public  places,  va- 
lidity of  ordinance  prohibiting.  11- 
723. 

Fire  insurance,  local  ordinance  or  regu- 
lation as  affecting  liability  under 
policy.     1917B-1250. 

Fire  limits,  erection  of  certain  buildings 
within  limits,  construction  of  ordi- 
nance   forbidding.     18-183. 

— inflammable  material  within  limits, 
right  to  prohibit  accumulation. 
1913E-430. 

— removal  of  building  erected  within  fire 
limits,    right    of    municipality.      9-292. 

Food  exposed  for  sale,  validity  of  ordi- 
nance requiring  it  to  be  protected 
from  flies,  dust,  etc.  1912D-957; 
1915D-1085. 

Gaming  licensed  by  municipality  as  sub- 
ject to  prosecution  under  state  law. 
4-577. 

Garages,  municipal  regulation.  1915C- 
186. 

Garbage,  validity  of  ordinances  regulat- 
ing  removal.     4-281;    8-818;    19-1221. 

Gasoline  or  other  explosive,  validity  of 
ordinance  regulating  keeping  within 
municipal    limits.     1918E-145. 

Hack,  taxicabs,  or  the  like,  regulation, 
other   than   taxation,     1914D-785. 

Handbills,  etc.,  right  to  prohibit  distribu- 
tion.    5-423. 

Hawkers  and  peddlers,  outcry  and  noisy 
advertising  in  city  streets,  validity 
of  ordinance  regulating.     20-591. 

^restrictions  on  hawking  and  peddling 
within  municipality,  validity  of  ordi- 
nance  imposing.     1916A-1238. 

Height  of  buildings,  validity  of  ordinance 
limiting.     15-1051. 

Hogs,    power   to    prohibit    keeping    within 

corporate   limits.     9-179. 
Hotels,     validity    of    ordinance    licensing 

or      regulating      hotels,      lodging      or 

rooming    houses    or    the    like.     1916C— 

290. 

Ice-cream,  municipal  regulation.  1917B- 
647. 


MUNICIPAL  CORPORATIONS. 


587 


MUNICIPAL  CORPORATIONS  —  Con- 
tinued. 

Intoxicating  liquors,  ordinance  regulating 
entrances  to  place  of  sale,  validity 
and   construction.     1916B-1021. 

Jitney  buses,  regulation.  1916A-1233; 
1917C-1051. 

Junk  dealers  and  junk-shops,  statutory 
regulation.     16-722. 

Laundries,    municipal    regulation.     21-975. 

Licenses,  automobiles,  state  statute  licens- 
ing as  precluding  imposition  of  mu- 
nicipal tax  or  license  fee.  1914D- 
4S3. 

— fees  for  licenses,  power  of  municipality 
to   impose.     2-313. 

— vehicles,  using  streets  for  carrying 
persons  or  property  for  hire,  power  to 
tax.     5-908;   14-545. 

Lights  at  street  crossings,  power  of  mu- 
nicipality to  require  railroad  to  main- 
tain.    1912D-403. 

Loan  brokers,  power  to  regulate.  1916E- 
625. 

Loitering,  validity  and  construction  for- 
bidding assemblage  of  persons  idling 
on   streets.     1912B-1185. 

Lumber  piling  within  municipal  limits, 
power  to  regulate.     1912A-162. 

Meat  dealers,  municipal  regulation. 
1917A-198. 

Milk,  constitutionality  of  ordinance  regu- 
lating   sale.     4-1 i9;    5-911;    18-321. 

Motor    boats,    regulation.     1915C-1139. 

Parades,  validity  of  ordinance  regulating 
parades  or  processions.     1916D-847. 

Pawnbrokers,  municipal  regulation. 
1913D-1281. 

Picketing,  validity  of  ordinance  regulat- 
ing.    1918E-60. 

Poultry  in  municipal  limits,  validity  of 
ordinance  regulating  keeping.  14— 
1003. 

Privies,  connection  with  sewer,  validity 
of    ordinance   requiring.     1916B-722. 

— ^validity  of  ordinance  regulating  out-of- 
door  closets  or  privies.     1916D-212. 

I^_    Public    utilities,    municipal    regulation    as 
^B  reviewable  by  Public  Service  Commis- 

^m  sion.     1916E-1083. 


I  Xtates,    electric   company,   municipal   regu- 
lation.    1915D-473.' 


MUNICIPAL  CORPORATIONS  —  Con- 
tinued. 

—gas      company,      municipal      regulation. 

11-748;    15-1042;    1917B-1026. 
■ — public  service  corporation,  right  of  city 

which    has    fixed    rates    to    object    to 

change  by  state  or  public  commission 

1913D-89. 
■• — telephone    rates,    validity    of    ordinance 

regulating.     1912D-308;   1917E-1001. 

Residential  districts,  carrying  on  business 
therein,  validity  of  ordinance  pro- 
-     hibiting.     1914A-132. 

• — retail  stores,  validity  of  ordinance 
regulating  location  or  construction. 
1915A-294. 

• — segregation  of  persons  in  different  dis- 
tricts, validity  of  ordinance.  1915B- 
964;  1916E-1157;  1917B-155;  1917D- 
1127;  1918A-1207. 

School  district  within  municipality  as 
subject  to  regulation  by  latter, 
though  separate  corporate  entities. 
1915B-1042. 

Second-hand  clothes,  bedding  or  the  like, 
municipal  regulation  of  use  or  sale. 
1917C-1068. 

Slaughter-house  regulation.  18-470;  1915C- 
245. 

Smoke,  validity  of  ordinance  regulating. 
2-582;  13-200;   1918B-173. 

Snow,  removal  from  sidewalk,  validity 
of  ordinance  requiring  owner  or  occu- 
pant of  property  to  remove.  4-238; 
13-705. 

Solicitation  of  funds  for  private  charity, 
validity  of  ordinance  regulating. 
1917D-1133. 

Street  railways,  safety  brakes,  validity 
of  ordinance  requiring  equipment. 
1913B-660. 

' — vestibule,  seat  or  other  convenience  for 
motorman,  validity  of  ordinance  re- 
quiring company  to  provide.  1914D- 
616. 

Streets,  improper  use,  failure  to  enact  or 
enforce  ordinance  to  prevent  as  creat- 
ing liability  for  injuries.     1-961. 

— use  by  business  vehicles,  validity  of 
ordinance   preventing.     1916E-969. 

— width  of  private  streets,  validity  of  or- 
dinance fixing.     1912A-615. 

Sunday  laws  as  directed  against  partic- 
ular occupations.     1918E-1170. 


588    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


MUNICIPAL  CORPORATIONS  —  Con- 
tinued. 

Taxation,  exemption  from,  power  of  mu- 
nicipality to  grant.  7-1013;  20-286; 
1918E-1088. 

— farming  land  within  corporate  limits. 
1912A-342. 

— ^income  tax,  validity  of  ordinance  levy- 
ing.    21-199. 

— ^municipal  tax  lien,  validity  of  statute 
providing    for    sale.     19130-964. 

— ^partial  invalidity  of  statute  relating 
to  municipal  taxation,  effect.  1916D- 
93. 

— telegraph  company,  tax  imposed  by 
ordinance  as  interference  with  inter- 
state commerce.     1914A-987. 

— telephone  or  telegraph  company,  tax  for 
use  of  streets,  validity  as  depending 
on  amount  of  tax.     16-343. 

— vehicles  using  streets  for  carrying  per- 
sons or  property  for  hire,  power  of 
municipality  to   tax.     5-908;    14-545, 

Telegraph  or  telephone  line,  municipal 
regulation  of  location.     1&-441. 

Ticket  brokers,  unreasonable  ordinance 
licensing.     9-972. 

Transient  merchants,  validity  of  regula- 
tion.    1917E-505. 

Vehicles,  speed  in  streets  and  highways, 
validity  of  ordinance  regulating.  3- 
495;   11-728;   1916E-1067. 

— ^width  of  tires,  validity  of  regulating 
ordinance.     21-1222. 

Water  or  light  furnished  to  tenant  or 
former  owner,  validity  of  ordinance 
making  owner  of  premises  liable. 
7-1017;   11-241. 

Wharves,  right  to  collect  wharfage  dues. 
13-387. 

G.    Violation  op  Ordinaxce. 

Act  violative  of  both  ordinance  and  stato 
law  as  barred  from  prosecution  in 
one  jurisdiction  by  conviction  in  an- 
other.    21-67. 

Appeal  from  judgment  in  prosecution  for 
violation  of  ordinance,  right  of  mu- 
nicipality.    1917D-986. 

Arrest  of  guilty  party  by  private  person 
for  violation  of  ordinance  in  latter's 
presence,  right   of.     1917A-599. 

Injunction,  building  regulations  requiring 
consent  of  property  owners,  right  of 


MUNICIPAL  CORPORATIONS  —  Con- 
tinued. 

individual  owner  to  enjoin  violation. 
1914A-979. 

— municipality's  right  to  enjoin  violation 
of  ordinance.     1916C-963. 

— priv'ate  individual's  right  to  enjoin  vio- 
lation of  ordinance  not  constituting 
nuisanice   per   se.     13-203. 

— prosecution  under  invalid  ordinance,  in- 
junction  against.     6-1013;    10-760. 

Jury  trial  for  violation  of  ordinance,  right 
to.     4-507;    18-380. 

Nature  of  action  or  proceeding  for  viola- 
tion of  ordinance.  5-289;  6-566; 
1917A-330. 

Negligence,  contributory  negligence  as 
arising  from  violation  of  ordinance. 
4-513. 

— street  railway  operation  in  violation  of 
ordinance  as  negligence  per  se.  9- 
840;    1913E-1100. 

— violation  of  ordinance  not  intended  for 
plaintiff's  benefit  as  actionable  negli- 
gence. 9-427;  1912D-1106;  193  6B- 
301. 

Prohibition,  issuance  of  writ  on  applica- 
tion of  defendant  in  prosecution  for 
violation  of  ordinance  on  ground  of 
lack  of  jurisdiction  in  trial  court. 
18-265. 

Prosecution  under  statute  as  bar  to  prose- 
cution under  ordinance  and  vice 
versa.     1912C-37. 

Witness,  conviction  of  violation  of  mu- 
nicipal ordinance  as  conviction  of 
crime  disqualifying  witness.  1913A- 
327. 

— crime  for  which  witness  may  be  im- 
peached, violation  of  municipal  ordi- 
nance as  constituting.     1916A-274. 

Written  complaint  for  violation  of  ordi- 
nance, right  of  defendant.     13-1132. 

H.    Repeal. 

Implied  power  to  repeal  ordinance. 
1913D-768. 

Subsequent  statute  on  subject  of  regulat- 
ing automobiles  as  effecting  repeal. 
7-551. 

I.      EVIDENCE. 

Judicial    notice    of    municipal    ordinance. 

5-614;    1914C-1232. 
— construction    of   statute   requiring   court 

to  take  judicial  notice.     1914D-547. 


MUNICIPAL  CORPORATIONS. 


589 


MUNICIPAL  CORPORATIONS  —  Con- 
tinued. 

Ordinance  not  pleaded,  admissibility  in 
order   to   prove  negligence.     16-1064. 

Parol  evidence  to  prove  municipal  ordi- 
nance,   admissibility.     191oA-709. 

Prima  facie  evidence  of  violation  of  ordi- 
nance, validity  of  ordinance  provid- 
ing that  certain  state  of  facts  shall 
constitute.     1916C-1062. 

Bpeed  of  train,  municipal  ordinance  regu- 
lating as  admissible  in  evidence  in 
action  for  damages  resulting  from  fire 
caused  by  railroad.     1915A-991. 

6.    Fiscal  Management. 
A.     Generally. 

Appropriations,  celebrations  and  enter- 
tainments, power  to  appropriate 
money    for.     11-976, 

• — defense  of  officers,  power  to  appropriate 
money  for.     3-435;  1914C-660. 

■ — loaning  money  or  credit  of  municipality, 
construction  of  constitutional  provi- 
sion against.     1913C-1230. 

'— necessity  of  ordinance  for  appropriation 
of  money.     6-471. 

Borrowing  money  for  public  improve- 
ments, implied  power.  6-760;  1913D- 
77. 

Debts  barred  by  limitation,  revival  by 
inclusion  in  official  report  or  council 
resolution.     4-939. 

Division  of  territory  by  legislature,  time 
of  apportionment  of  assets  or  liabili- 
ties.    18-324. 

Expert  accountant  to  examine  public  ac- 
counts    and    records,    power     of    mu- 
.    nicipal  corporation  to  employ.    1913B- 
1087. 

Indebtedness  for  public  improvements, 
implied  power  to  incur.  6-761; 
1913D-77. 

"Necessary  expenses"  of  administration  of 
corporate  power.     1918D-925. 

Propositions  submitted  to  voters,  neces- 
sity that  they  be  stated  singly.  2- 
369. 

Securities  and  obligations,  necessary  par- 
ties in  action  to  determine  validity. 
5-858. 

Taxation  of  own  securities  in  hands  of 
holder,  right  of  municipality.  19- 
411. 


MUNICIPAL  CORPORATIONS  —  Con- 
tinued. 

Warrants,     city     warrants,     interest     on. 

10-209;  1916C-576. 
— county   warrants,   interest    on.     3-459. 
• — limitation  of  actions,  running  of  statute 
against    municipal    or    quasi-municipal 
corporations.     2-394. 

t 
B.    Bonds. 
Implied  power  to  issue  bonds.     1913E-37. 

Inheritance  tax,  transfer  of  municipal 
bonds  as  subject  to  succession  taxes. 
5-874. 

Limitation  of  actions,  commencement  of 
running  of  statute  against  bonded  in- 
debtedness  of   municipality.     14-102. 

Negotiability  of  bonds  and  securities. 
5-196. 

Notice  of  election  to  vote  on  issue  of 
bonds,  necessity  of  compliance  with 
statutory   requirements.     18-1137. 

Eecitals  in  municipal  bond  'that  debt  limit 
has  not  been  exceeded  as  affecting 
validity  in  hands  of  purchaser.  17- 
1245. 

Repeal  of  statute  authorizing  bond  issne, 
authority  of  public  officer  to  complete 
issue    thereafter.     1916E-406. 

Sale  of  bonds  for  less  than  par,  con- 
struction of  statutory  provision 
against.     1913E-85. 

— right  of  municipality  in  absence  of  ex- 
press statutory  provision.  1914B- 
257. 

Taxation  of  bonds,  liability  to  state  taxa- 
tion.    8-26;    12-350;    1914B-1163. 

Term  of  bonds  longer  than  life  of  mu- 
nicipality, validity  of  issue.     19-1106. 

C.    Debt  Limit. 

Computation  of  amount  of  debt  by  aggre- 
gation of  deferred  payments  on  ex- 
ecutory contract.     1918A-514. 

Contract  for  public  improvements  with 
deferred  payments  where  debt  ex- 
ceeds authorized  debt  limit,  right 
of  municipality  to  enter  into.  17- 
420. 

Evasion  of  municipal  debt  limit  by  crea- 
tion of  holding  corporation  or  con- 
tract for  future  purchase.     2-986. 

Increase  of  indebtedness,  funding  exist- 
ing debts  as.     21-1334. 


590    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


MUNICIPAL  COEPOEATIONS  —  Con- 
tinued. 

.  Interest  on  municipal  bonds  as  factor  in 
determining  whether  municipality  has 
exceeded  constitutional  limit.  17- 
1243;    1918B-598. 

Limitation  of  indebtedness,  interest  on 
municipal  bond  as  factor  in  determin- 
ing.    17-1243. 

Local  improvement  with  special  assess- 
ment against  persons  benefited,  right 
of  municipality  to  contract  for  where 
cost  exceeds  authorized  debt  limit. 
1917B-192. 

Periodical  payments  through  term  ot 
years  in  aggregate  exceeding  au- 
thorized limit,  right  of  municipality 
to  contract  for.     7-150;    1913B-1177. 

Two  or  more  political  bodies  wholly  or 
partly  coincident  in  "territory  as  sepa- 
rate bodies  for  purposes  of  constitu- 
tional  debt  limit.     1912C-449. 


7.    Contracts. 

A.    Generally. 

Assignment  of  municipal  contract  forbid- 
den by  provision  thereof,  validity  and 
enforceability  of  provision.  1912A- 
363. 

Condemnation  by  court  of  municipal  con-> 
tract  otherwise  valid,  as  unwise  or 
disadvantageous.     1914A-1072. 

Contract  for  periodical  payments  through- 
out term  of  years  where  aggregate 
payments  exceed  authorized  debt 
limit,  right  of  municipality  to  make. 
7-150;    1913B-1177. 

Debt  limit  reached  at  time  of  contract 
for  future  indebtedness,  as  affecting 
validity  of  contract.     7-153. 

Employment  of  union  labor  only,  validity 
of  municipal  contract  stipulating  for. 
5-286;   21-213. 

Estoppel  of  municipality  to  deny  validity 
of  contract  under  void  statute.  2- 
403. 

Failure  of  contractor  to  comply  with  con- 
tract, right  to  recover  from  munici- 
pality value  of  public  improvement. 
1912D-419. 

Impairment  of  obligation  of  contract  be- 
tween state  and  municipality,  repeal 
or  modification  of  statute  as  con- 
stituting.    4-794. 


MUNICIPAL  CORPORATIONS  —  Con- 
tinued. 

Implied  contract  of  municipal  corpora- 
tion, liability  upon.     2-509. 

Interest  of  officer,  executed  contract  in 
which  municipal  officer  is  interested, 
liability  of  municipality  under  con- 
tract.    3-672;    1912D-1132. 

— member  of  council  interested  in  con- 
tract, validity  in  absence  of  statute. 
1912D-659. 

— stockholder  of  corporation  as  interested 
party  in  contract  between  corporation 
■  and  municipal  council  of  which  stock- 
holder is  member.     21-912;   1916A-77. 

Partnership  contract,  power  of  munici- 
pality to  enter  into  for  construction 
of   improvement.     1916C-909. 

Services  to  be  rendered  by  corporation 
equal  to  amount  of  taxes,  validity  of 
contract  between  municipality  and 
corporation   therefor.     1914A-1263. 

Ultra  vires  contracts  as  creating  liability 
by  implication.     2-510. 

[Voluntary  services  rendered  city  as  creat- 
ing liability  by  implication.     2-511. 

B.    Letting  Contract. 

Contract  let  contrary  to  statute  requiring 
competitive  bidding,  implied  liability 
of   municipality.     1917A-1263. 

Court  control  of  act  of  municipality  in 
letting    municipal    contract.     17-650. 

Failure  to  take  from  contractor  for  public 
works  bond  for  protection  of  laborers 
or  materialmen,  liability  of  munici- 
pality or  officer.     1917B-1089. 

"Lowest  responsible  bidder,"  construction 
of  phrase  in  statute  providing  for 
letting    contracts.     1913A-500. 

Patented  or  monopolized  article  under 
contracts  required  by  law  at  jjublic 
bidding,  right  of  municipality  to  con- 
tract for.  3-745;  7-107;  8-396;  10- 
709;   1915B-460;   1916D-245. 

Eeadvertisement  where  bidder  to  whom 
contract  is  awarded  fails  to  comply 
with  conditions  or  abandons  work, 
necessity  for.     1916D-1189. 

C    Right  of  Action. 

Laborer's  or  materialman's  right  of  ac- 
tion against  city  as  arising  under 
statute   or   ordinance   requiring  public 


MUNICIPAL  CORPORATIONS. 


591 


IiIUNTCIPAL  CORPORATIONS  —  Con- 
tinued. 

contractor    to    pay    all    claims   before 
settlement.     1915B-S68. 

Mandamus  as  remedy  in  behalf  of  munici- 
pality to  compel  performance  of  con- 
tractual   obligation.     1918A-915. 

Water  company  contracts,  municipal  cor- 
poration's right  to  enforce  on  behalf 
of    private    citizen.     1913C-1028. 

— private  coiftumer's  right  to  enforce  con- 
tract of  municipality  with  water  com- 
pany.    5-507. 

8.     Officers  and  Agents. 

Compensation,  fact  that  municipality  has 
exceeded  debt  limit  as  defense  to 
claim  by  official  for  fees  or  compen- 
sation.    1914C-1219. 

— interest  on  overdue  salary,  right  of 
officer  to  recover.     1914D— i08. 

Compromise  of  cause  of  action,  right  of 
attorney    for    municipality.     21-583. 

Counsel  to  assist  its  regularly  retained 
counsel,  right  of  municipality  to  em- 
ploy.    1913D-921. 

De  facto  officer,  liability  of  municipality 
to  de  jure  officer  for  salary  paid  de 
facto  officer.  4-673;  10-1093;  1918B- 
917. 

— right  of  de  jure  officer  to  recover  sal- 
ary from  de  facto  officer.     12-894. 

Election  of  officers  in  method  other  than 
that  prescribed  by  general  laws, 
power   of   municipality.     1915B-126. 

Holidays,  validity  of  act  of  municipal  offi- 
cer performed  on  holiday.  1916E- 
84S. 

Judicial  functions,  mode  of  procedure 
governing  municipal  board  when  ex- 
ercising.    1915B-1083. 

Leave  of  absence  with  pay,  power  of  mu- 
nicipal authorities  to  grant  officer  or 
employee.     1915B-796. 

Mandamus  against  officer  or  municipal 
board  as  abated  by  termination  of 
office.     1918A-1002. 

Municipal  officer  going  on  train  or  prem- 
ises in  discharge  of  public  duties,  lia- 
bility of  carrier  or  owner  of  premises. 
21-499. 

Pensioning  municipal  officers,  validity  of 
ordinance  providing  for.  19120-545; 
1918D-454. 


MXJNICIPAL  CORPORATIONS  —  Con- 
tinued. 

Profits  made  by  officer  on  sale  of  land 
to  municipality,  right  to  recover. 
1914I>-808. 

Prohibition  against  counsel  or  execiitive 
officer,  when  lies.     20-962. 

Removal  of  officers,  inherent  power  of  mu- 
nicipal corporation.     10-88'6. 

— power  of  body  having  authority  to  re- 
move officer  to  appoint  committee  to 
conduct  hearing.     19160-1273. 

Title  to  municipal  office,  right  of  private 
individual  to  file  information  in 
nature  of  quo  warranto  to  try  title. 
6-464. 

■^•ho  is  municipal  officer.     1914D-1229. 

9.    Council. 

Continuity  of  existence  of  municipal  coun- 
cil.    1912D-269. 

Delegation  of  power  to  committee  by 
governing  body.     15-1095. 

Meetings  of  council,  exclusion  of  public, 
right   of   council.     13-407. 

— holding  outside  municipal  limits,  legal- 
ity of  meeting.     1912B-646. 

Personal  interest  of  member,  right  of 
member  to  vote  on  matter  involving. 
19170-518. 

Qualifications  of  members,  municipal 
council  as  judge.     16-162. 

Quorum,  legality  of  action  by  majority 
of   quorum.     1916E-274. 

Veto  power  of  mayor  as  extending  to  ap- 
pointments to  office  by  municipal 
council.    15-1066. 

10.    Fire   and  Police   Departments. 

Fire  Department. 

Collapse  of  a  building  injuring  fireman, 
liability  of  owner.     lS-10. 

Injuries  to  firemen,  liability  of  municipal- 
ity.    18-508, 

Negligence  of  firemen,  liability  for.  7- 
807. 

Salvage  for  extinguishing  fire  on  vessel, 
member  of  fire  department  as  entitled 
to.     17-913. 

State  control  and  regulation  of  fire  de- 
partment in  municipality,  authority 
of  state.     14-357. 


592    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


MUNICIPAL  CORPORATIONS  —  Con- 
tinued. 

Police  Department. 

Animals  running  at  large,  municipal  lia- 
bility for  wrongful  act  of  officer  im- 
pounding  or    killing    animal.     21-984. 

Department  buildings  of  police,  liability 
of  municipality  in  respect  to  manage- 
ment and  maintenance.     13-763. 

Liability  of  municipality  for  acts  of  po- 
lice   officers.     13-1017;    1913C-471. 

Metropolitan  police,  validity  of  statutes 
creating.     8-1103;  1917D-1112. 

Policeman  as  public  officer.     1917B-663. 

Removal  of  police  officers  by  state. 
191SB-145. 

IL    Property,   Improvements   and   Public 
Works. 

Adverse  possession,  right  to  acquire  title 
by.     1915C-774. 

Bridges,  lability  in  respect  to  mainte- 
nance or  operation.     15-833. 

Condemnation  of  railroad  property  for 
municipal  purposes,  right  of.  1913E- 
163, 

Deeds,  acceptance  as  grantee,  what  con- 
stitutes.    1914D-507. 

Execution  sale  of  municipal  property,  in- 
junction   against.     1918C-223. 

Ferries  owned  by  city,  right  to  lease. 
2-693. 

Hall  or  building  for  public  meetings  of 
citizens,  power  to  erect.     12-1112. 

Interference  with  gas  or  water  pipes  in 
making  public  improvement,  rights  of 
gas  or  water  company  as  against  mu- 
nicipality.    6-390. 

Judgment  lien  against  property  of  muni- 
cipality.    4-102. 

Labor  laws,  state  regulation  of  labor  upon 
material  to  be  used  in  municipal  im- 
provement, interstate  commerce  regu- 
lation.    3-309. 

— wages,  validity  of  ordinance  fixing  min- 
imum rate  on  public  work.  1913E- 
990;  1915D-241. 

Lavatory,  construction  of  public  lavatory 
in  street  as  constituting  nuisance  or 
entitling  abutting  owner  to  compen- 
sation.    1918D-906. 


jyrUl'nCIPAL  corporations  —  Con- 
tinued. 

Lease  of  municipal  property  to  private 
person,  right  of  municipality.  16— 
1096. 

Municipal  building  in  street,  right  of  mu- 
nicipality   to    erect.     12-24;    21-1072. 

Parks     and     squares,     buildings     therein, 

right    of    municipality   to    erect.     11- 

468. 
— negligence   in    maintenance, '  liability   of 

municipality.     1915C-255;     1916E-900. 
— state  control  or  regulation  of  municipal 

parks.     1912A-1069. 

Property  disconnected  from  public  use, 
power  of  municipal  corporation  to 
own.     18-551. 

Public  improvements,  who  may  petition 
for  or  remonstrate  against.  191SE- 
837. 

Public  works,  as  including  streets,  sewers, 
waterworks,  lighting,  buildings  and 
disposal  of  garbage.     11-594. 

Sewers,  power  of  court  to  compel  muni- 
cipality to  remove,  construct  or  en- 
large.    1917E-308. 

Special  assessments,  liability  of  property 
in  absence  of  express  statutory  pro- 
visions.    16-888. 

— municipal  property  as  subject  to  special 
assessment.     1917D-849. 

Taxation,  federal  taxation  of  municipal 
property,    legality.     4r-748. 

— purchase  of  property  by  municipality  as 
affecting  right  to  sell  same  for  un- 
paid   taxes.     1914A-161. 

Theater  or  opera-house,  power  to  conduct. 
1915A-75S. 

"Wharves,  right  to  erect  free  wharf  in 
absence  of  statute,  at  point  where 
street  abuts  upon  waterfront.  14- 
1135. 

Puilic  Utilities  of  Municipality. 

Fuel  furnishing  to  inhabitants,  power  of 
municipality  to  engage  in  business^ 
19160-742;  1918E-663. 

Ice  plant,  power  of  municipality  to  oper- 
ate for  purpose  of  furnishing 
ice  to  inhabitants.  20-204;  191 6C- 
1287;    1918D-G11. 

Lighting  plant,  power  to  construct  or 
purchase.     19I6B-523;   1918A-259. 


MUNICll'AL  CORPORATIONS. 


593 


MUNICIPAL  COEPORATIONS— Con- 
tinued. 

Purchase  of  public  utility  by  municipal- 
ity, compensation  payable.  1915B- 
1173. 

Taxation,  public  service  plant  operated 
by  municipality  as  subject  to  taxa- 
tion.    1918E-85. 

Telephone  system,  power  of  municipality 
to  construct  and  operate.     191SA-380. 

Water  furnished  by  municipality,  duty  to 
lay  service  pipe  without  charge  to 
consumer.     1912B-547. 

— regulation  of  water  supply,  authority  of 
board    of    health.     18-499. 

— subterranean  flow  of  water,  right  of 
municipality  to  tax  for  water  sup- 
ply.    1918E-274. 


12.    Frajttchises. 

Alteration  of  ordinance  granting  privilege 
as  impairment  of  obligation  of  con- 
tract. 3-88,  986;  6-259,  601;  8-622; 
1915A-899. 

— third  person  deriving  benefit  from 
franchise  to  public  service  corpora- 
tion as  entitled  to  object  to  altera- 
tion  of  terms.     1913D-1089. 

Estoppel  of  municipality  to  deny  validity 
of   franchise.     1916B-1272. 

Exercise  of  franchise  granted  for  per- 
formance of  public  service,  right  of 
municipality  to  compel.     18-335. 

Extension  of  franchise  for  use  of  streets 
to  new  street  or  subsequently  an- 
nexed  territory.     18-1118. 

Validity  of  franchise,  power  of  court  to 
determine  in  action  to  enjoin  commis- 
eion   of   acts    thereunder.     1914B-490. 


13.     Torts. 

Generally. 

Animal  running  at  large  in  violation  of 
ordinance,  liability  for  injury  by. 
1912C-753. 

Attractive  nuisance  doctrine  as  applicable 
to  municipality.  1915C-286;  1915C- 
304. 

"Claim"  or  "demand"  against  municipal- 
ity, as  including  claim  for  tort  under 
statute  requiring  presentation  to 
council.    19-1113. 

Index  to  Notes — 38 


MUNICIPAL  CORPORATIONS  —  Con- 
tinued. 

Damages  recoverable  against  municipal- 
ity, amount  as  affected  by  statement 
in  claim  previously  filed.  4-826; 
1912B-869. 

Death  by  wrongful  act,  when  municipal 
corporation  liable.     1-490. 

Fireworks,  liability  for  injuries  resulting 
^  from    discharge.     5-541. 

Independent  contractor's  acts  or  negli- 
gence in  repairing  or  improving  street 
or  highway,  liability  of  municipality. 
16-433;  1914A-71. 

Ministerial  duties,  liability  of  municipal- 
ity for  failure  to  perform.     1-958. 

Mob  causing  damage,  liability  of  muni- 
cipality as  dependent  on  notice  to  au- 
thorities.    S-465;    1916A-326. 

—prisoners  in  jail  forming  mob,  liability 
of  municipality  for  acts.     1916D-190. 

— what  constitutes  mob  or  riot  for  which 
municipality  is  liable.  11-185;  18- 
151. 

Nuisances,  abatement  by  destruction  of 
private    property.     1-345. 

— hospital  for  contagious  diseases  as  nui- 
sance.    6-823. 

• — liability  for  failure  to  abate  nuisance. 
1-964. 

— pollution  of  stream  by  municipality 
with  sewage,  right  of  riparian  owner 
to  enjoin  as  public  nuisance.  1915A- 
983. 

Parks  and  squares,  liability  for  negligence 
in  maintenance.  1915C-255;  1916E- 
90O. 

Pole  or  wire  of  public  service  corporation, 
liability  of  municipality  for  fall. 
1913E-379. 

Public  administrator,  liability  of  munici- 
pality for  acts.     1918B-1074. 

Repairing  public  highway,  wrongful  act 
of  officer  or  employee  causing  injury 
to  adjoining  property,  liability  of  mu- 
nicipality.    21-1346,      . 

Sidewalks,  banana  peel  or  the  like  on 
sidewalk,  liability  of  municipality  for 
injuries  caused.     1918E-178. 

— coal-hole  in  sidewalk,  legal  liability  of 
municipality  for  injuries  sustained  by 
pedestrian.     19-466;  1917D-494. 


594    INDEX  TO  THE  NOTES,  1  ANN.  CAS/TO  ANN.  CAS.  1918E. 


MUNICIPAL  CORPORATIONS  —  Con- 
tinued. , 

Streets,  improper  use,  failure  to  enact  or 
enforce  ordinance  to  prevent  as 
creating  liability  for  injuries.     1-961. 

Tree  growing  on  highway,  liability  for  in- 
juries cauaeS  by  fall,  16-535;  1913 A- 
787. 

Wrongful  injunction,  liability  for.  1912A- 
212. 

Condition  of   Municipal    Buildings. 

Hospitals,  pesthouses  and  almshouses,  lia- 
bility for  negligence  in  respect  to 
condition  or  performance  of  services 
incident  to.     4-624;   1918D-803. 

Jails,  unsafe  or  unhealthy  condition,  mu- 
nicipal liabiKty.  4-516;  6-437;  12- 
797;   1913B-1280;   1915D-153. 

School  premises,  liability  for  defective 
condition.     3-884;   10-406;   1917D-797. 

Unsafe  condition  of  building  maintained 
for  public  use  or  amusement,  liabil- 
ity of  municipality.     1918D-115. 

Public  WorTcs. 

Defective  plan  of  public  work,  liability 
of  municipality  for  injuries  resulting. 
14-752. 

Electric  light  plant,  liability  for  negli- 
gence in  operation.  9-S51;  1912B- 
817;   1915D-753;    1916C-1257. 

Reservoirs,  liability  for  injuries  to  tres- 
passing children  on  account  of  un- 
guarded reservoir.     7-201. 

Waterworks,  negligence  in  construction  or 
operation,  liability  of  municipality. 
14-1010;   1912A-220. 

Sewage  and  Garbage. 

Cleaning  streets  or  removal  of  garbage, 
ashes  or  other  refuse,  liability  of 
municipality  for  tort  committed. 
1916C-242;    1918D-834. 

Dumping-ground,  liability  for  injuries  re- 
sulting from   maintenance.     11-189. 

Garbage,  deposit  by  municipality  as  nui- 
sance.    1915A-139. 

— removal,  municipal  liability  for  tort 
committed  in  removing.  1916C-242; 
1918D-834. 

Sewers,  defective  sewers  or  sewerage  sys- 
tem,    liability     of     municipality.     4- 

1089;   14-174. 


MUNICIPAL  CORPORATIONS  —  Con- 
tinued. 

— failure  to  clean  and  repair,  liability  of 
municipality.     13-470. 

— stream  used  for  sewerage  purposes,  mu- 
nicipal liability  for  damage  caused. 
&-177;    11-588;    1912B-450. 

Watercourses,  obstruction  of  navigable 
water  within  its  boundaries  by  muni- 
cipality, liability  for  injury  result- 
ing.    1915C-117. 

!\^''aterwork8,  negligence  in  construction  or 
operation  by  municipality,  liability. 
1912A-220. 

14.     Claims  Against  Municipality. 

Creditor's  bill  to  reach  claim  against  mu- 
nicipality.    1914B-957. 

Damages  recoverable  against  municipality, 
amount  as  affected  by  statement  in 
claim  previously  filed.  4-826;  1912B- 
869. 

Disputed  claims,  right  of  municipality  to 
arbitrate  or  compromise.     18-1030. 

Exoneration  between  city  and  abutting- 
owner  •  of  damages  paid  on  account 
of  unsafe  highway.  1-945;  14-1047; 
1918C-1144. 

Infancy  or  other  disability  of  claimant 
as  suspending  limitation  of  time  to 
file  claim  against  municipality.  13- 
488;    1916C-1042. 

Notice  of  defect  in  street  or  highway, 
name  and  address  of  claimant,  suffi- 
ciency of  statutory  notice.  1916E- 
722. 

— place  of  accident,  sufficiency  of  notice 
with  respect  to  description  of  place. 
18-994. 

— policeman,  notice  to  as  notice  to  muni- 
cipality.    1914B-16S. 

— prerequisite  to  action  for  injury  to  wife 
or  child  of  plaintiff.     1916E-560. 

— time  of  accident,  sufficiency  of  statu- 
tory notice  with  respect  to  descrip- 
tion  of  time.     1918E-1026. 

— written  notice,  validity  of  statute  or 
ordinance  requiring  as  condition  pre- 
cedent to  municipal  liability.  16- 
172. 

Part  payment  as  satisfaction  of  claim 
against    municipality.     1914D-824. 

Presentation  of  claims  against  municipal- 
ity, to  whom  may  be  made.  1913A- 
348'j  1917D-962. 


MUNICIPAL  COURTS— MUTUAL  BENEFIT  SOCIETIES.        595 


COEPOEATIONS  —  Con-      MUBDEE— Continued. 


MUNICIPAL 
tinued. 

Quarantined  persons,  liability  of  munici- 
palitj  for  expenses.     5-233. 

15.    Actions. 

Action  by  municipality  as  bar  to  action 
by  citizens  thereof  involving  same 
matter.     8-1134. 

Estoppel  of  municipal  corporation  to 
bring  action  by  lapse  of  time.  20- 
429. 

Injunction  against  municipality  at  suit  of 
taxpayer,  illegality  of  acts  as  alone 
sufficient  to  justify  proceedings. 
3-1013;  1913C-885. 

Jurisdiction  of  actions  against  municipal 
corporations.     4-1170;    10-37. 

Jury,  competency  of  citizen  as  juror  in 
civil  action  by  or  against  municipal- 
ity.    6-961;    1913A-120. 

Limitation  of  actions,  right  to  plead  stat- 
ute against  municipality.  8-9S;  20- 
427. 

Quo  warranto  against  municipal  corpora- 
tion.    8-322;  21-1125. 

Venue,  right  to  change  of  venue  as 
against  municipality.  1914C-107; 
1918E-565. 


16.    CWminal   Liability. 

Nonfeasance,  liability  of  municipal  cor- 
poration to  indictment.     5-413. 

Nuisance,  criminal  liability  of  municipal- 
ity for  maintaining  or  failing  to 
abate  nuisance.     1-964;   1913D-303. 

"Violation  of  statute  regulating  hours  of 
labor,  criminal  liability  of  municipal- 
ity.    1913E-308. 


Succession  by  murderer  to  property  of 
victim,     a-658;    14-99;   1916A-280. 

Workmen's  compensation,  murder  as  ac- 
cident arising  out  of,  and  in  course 
of,   employment.     1913C-10. 


MUSIC. 

Teaching    of    music    in    public     schools. 
1918D-153. 


MUSICAL  COMPOSITIONS. 

Infringement    of    copyright,    what   consti- 
tutes.    14-^33;   1916A-371. 


MUSICAL  INSTRUMENTS. 

Trademark  or  trade  name  as  infringed  by 
similar  name.     1915B-341, 


MUSICIANS. 

Trade,   musician    as    engaged  in.     1916A- 
1200. 

MUSTARD. 

Food   within   meaning   of  food   and   drug 
acta.     1913E-1293. 


MUTILATE. 

Meaning  of   term.     1-25. 

MUTILATED  WRITINGS. 

Parol  evidence  of  contents  as  admissible. 
1916A-2S2. 


MUNICIPAL  COURTS. 

Jurisdiction  to  try  offenses  against  state 
laws.     18-53. 

Procedure  governing  municipal  board  ex- 
ercising judicial  functions.  1915D- 
1083. 


MURDER. 

Bee   Homicide. 

Manslaughter     as     included     under    word 
"murder"  in  statute.     1913C-929. 


MUTILATION. 

Humiliation  or  mortification  on  account  of 
disfigurement  as  element  of  damages 
for  personal  injuries.     1918D-65. 


•     MUTUAL  ACCOUNTS. 

"What  are  mutual  accounts.     1913D-816. 

MUTUAL    BENEFIT    SOCIETIES. 

See  Beneficial  Associations. 


596    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


MUTUAL  INSURANCE. 

Cash  premium,  validity  and  construction 
of  policy   issued  for.     1916B-84. 

Condition  of  sole  and  unconditional 
ownership  of  property  as  breached 
by  vendee  in  possession  under  execu- 
tory contract.     7-499. 

Dissolution,  distribution  of  assets  and 
surplus.     7-412. 

Forfeiture  or  suspension  of  policy  on  fail- 
ure to  pay  dues,  effect  of  provision 
in  contract.     11-340. 

Keceivership,  setoff  against  receiver  of 
mutual  insurance  company.  1916I>- 
600. 


MUTUALITY. 

See   Specific  Performance. 


MUTUAL  TELEPHONE 
COMPANY. 

Corporation  not  operated  for  profit  aa 
public  utility.  1916D-899;  1917B- 
497. 


MUTUAL  WILLS. 

Validity     and     probate.     2-26;     17-1006; 
1915A-364. 


N 


NAMES. 

1.  In  General. 

2.  Identity  of  Names. 
S.  Effect  of  Mistake. 

1.    In  Creneral. 

Abbreviations  as  to  names  of  persons  and 
places,  judicial  notice.     17-494. 

Acknowledgments,  omission  of  name  of 
grantor  or  mortgagor  from  certificate, 
effect.     2-990. 

Alias  and  real  name,  necessity  of  prov- 
ing both  where  both  are  pleaded. 
19-894. 

Alteration  of  instruments,  change  in  name 
of  payee  of  negotiable  instrument  as 
material.     1913C-183. 

— correcting  name  of  party  to  instrument 
as  material.     1912A-1045. 

— witness,  insertion  of  name  of  attesting 
witness  as  material  alteration  of  in- 
strument.    17-757. 

Associations,  liability  of  unincorporated 
association  to  suit  in  name  of  associa- 
tion in  absence  of  permissive  statute. 
6-833. 

— protection  in  use  of  its  name,  right  of 
unincorporated  benevolent,  fraternal 
or  social  organization.     1918A-245. 

— right  of  unincorporated  association  to 
sue  in  name  of  association  in  absence 
of  permissive  statute.     3-699. 


NAMES — Continued. 

Automobiles,  registration  under  fictitious 
name  as  affecting  right  of  owner  or 
driver  to  recover  for  negligence  of 
another.     191SD-852. 

•^validity  of  statute  requiring  name  and 
address  of  operator  to  be  given  to 
person   injured.     1913C-925. 

Bonds,  bail  bond,  necessity  for  appear- 
ance of  name  of  surety  therein. 
1912A-695. 

— cost  bond,  necessity  of  naming  parties 
to    action   therein.     1913D— 576. 

— omission  of  obligee's  name,  right  to  fill 
blanks.     1915A-409. 

—reformation  of  bond  by  changing  name 
of    obligee,   right    of.     1916C-184. 

Change  of  name,  right  of  individual  to 
make.     18-704;   1914D-427. 

— validity  and  construction  of  statute  au- 
thorizing individual  to  change  name. 
1917A-437. 

Child,  privilege  of  naming  as  valid  con- 
sideration.    11-482. 

Copyrighted  name,  right  to  use  after  ex- 
piration  of   copyright.     14-799. 

Corporations,  change  of  name  of  private 
corporation.     19-1238. 

— release  of  subscriber  to  stoak  by  change 
of  corporate   name.     1918A-92,  100. 

• — similar  name  to  that  of  other  corpora- 
tion,   right    of    corporation    organized 


NAMES. 


597 


NAMES — Continued. 

for  other  than  pecuniary  profit  to  use. 
1912A-825;    1913E-642. 

Deeds,  effect  of  omission  of  grantor's 
name  from  body  of  deed.  12-203; 
1912C-1050;    1916E-521. 

— estoppel  of  grantee  to  deny  name  Iq 
deed  as  true  name.     1912C-620. 

— filling  blank  where  grantee's  name  is 
omitted  from  deed,  right  of.  1915A- 
409. 

Depositions,  necessity  and  sufficiency  of 
naming  witnesses  in  notice  to  take 
depositions.     1918A-950. 

Discovery  of  names  of  parties  against 
whom  it  is  sought  to  institute  ac- 
tion.    11-57S. 

Elections,  name  of  candidate  on  official 
ballot,  number  of  times  it  may  ap- 
pear.    3-796;   1913B-177, 

Et  al.,  substitution  of  phrase  in  place  of 
names  in  process,  pleadings,  etc.  14- 
571. 

Forgery  by  use  of  fictitious  name.  18- 
482. 

— ^incorrect  signature  of  name  of  another 

as  forgery.     20-166, 
— indictment,   necessity   of   alleging   name 

of   person   intended   to    be   defrauded 

by  forgery.     1912C-1143. 
— partnership  name  signed  by  partner  as 

forgery.     1912B-702. 

Frauds,  statute  of,  names  of  parties  to 
contract,  necessity  that  memorandum 
show.     13-313. 

Intoxicating  liquor,  necessity  of  allegation 
of  name  of  purchaser  in  prosecution 
for  unlawful  sale  of  liquor.  4-98; 
13-128. 

Letter  or  initial,  presumption  as  consti- 
tuting name.  1914A-1115;  1917B- 
178. 

Mechanic's  lien  notice,  stating  name  of 
owner  in  caption  but  not  in  body  of 
notice,    effect.     20-1162. 

Moving  pictures,  unlawful  use  of  names 
of   persons.     1916C-308. 

Municipal  corporation,  sufficiency  of 
claim  for  personal  injuries  with  re- 
spect to  name  and  address  of  claim- 
ant.    1916E-722. 

Name  on  property  as  evidence  of  owner- 
ship.    1915D-353. 


NAMES — Continued. 

Omission  of  name  from  instrument  as 
cured  by  maker's  acknowledgment  of 
instrument.     1913A-398. 

Partnership,  change  of  firm  name,  as  no- 
tice of  dissolution  of  prior  partner- 
ship,    9-243. 

— deed  conveying  realty  to  partnership 
in   firm   name,   effect.     4-604;    19-948. 

— fictitious  name  of  partnership,  what  is. 
10-812. 

— limited  partnership,  statutory  require- 
ment as  to  posting  names  of  part- 
ners.    1913B-917. 

Petitions,  right  of  signer  to  withdraw 
name  before  petition  is  acted  upon. 
15-1125;  1913A-43, 

Railroad  stations,  right  of  public  service 
commission  to  regulate  naming. 
1914A-831. 

Eeceiving  stolen  property,  necessity  of  al- 
leging name  of  thief  in  indictment  or 
information.     18-196;    1914B-174. 

Sr.  or  Jr.,  effect  of  use  in  connection 
with    name.     1917A-1211-. 

Surnames  within  statute  requiring  action 
in  name  of  real  party  in  interest.  5- 
894. 

Trademarks,  trade  names,  and  unfair  com- 
petition, corruption  of  descriptive 
words  as  affecting  validity  of  trade- 
mark.    9-763. 

— geographical  name,  use  as  unfair  com- 
petition,    10-71;    191oA-543. 

— personal  or  corporate  name,  use  as  un- 
fair competition.  2-415;  16-596; 
1918A-229. 

Warrant  of  arrest,  legality  of  arrest  as 
affected  by  use  of  right  or  wrong 
name,     8-34. 

Wills,  manner  of  signing  testator's  name 
to    will.     18-769. 

2.    Identity  of  Names. 

Idem  sonans,  addition  or  omission  of  final 
"a"  as  affecting  application  of  doc- 
trine.    191S'A-351. 

— application  of  doctrine  of  idem  sonans 
to  letters  D  and  T.     15-912. 

Identity  of  name,  conflict  between  pro- 
sumption  of  identity  of  person  from 
identity  of  name  and  another  presump- 
tion.    i917E-121. 


598    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


NAMES — Continued. 

— criminal  prosecution,  identity  of  name 
of  defendant  with  name  of  person  pre- 
viously convicted  as  establishing  iden- 
tity of  person.     6-1026;  14-589. 

— ^libel  and  slander,  identity  of  name  as 
giving  right  of  action  where  publi- 
cation was  not  intended  to  refer  to 
plaintiff.     16-168. 


NAMES— Continued. 

Wills,  signature  of  testator  to  will  by 
wrong,  assumed  or  misspelled  name, 
sufaciency.     1917B-876. 


NAPHTHA. 

storage  as  nuisance.    1916C-821. 


S.     Effect  of  Mistake. 

Deeds,  assumed  name  of  grantee,  validity 
of  deed.     10-97. 

— blank  grantee,  validity  of  deed.  1912A- 
538;   1914D-390. 

Delivering  papers  or  documents  to  person 
of  same  name,  as  working  estoppel 
against  owner.     1917A-562. 

Initials,  effect  of  mistake  in  middle  initial 
of  name  in  legal  proceedings.  15-117; 
1912B-601. 

Insurance,  misstatement  of  name  in  appli- 
cation for  insurance  as  avoiding 
policy.     1916D-1297. 

Judicial  sales,  misnomer  of  party  in  adver- 
tisement or  notice  of  sale  as  affecting 
validity  of  sale.     1917B-1046. 

Libel  and  slander,  mistake  in  naming  or 
describing  plaintiff  as  defense  to  ac- 
tion.    1914D-536. 

Married  woman  sued  in  maiden  name,  va- 
lidity of  judgment  rendered  against 
her.      16-795. 

Mechanic's  lien,  effect  of  incorrect  designa- 
tion of  owner  of  property,  in  state- 
ment of  claim  of  lien.     14-689. 

N'egotia;ble  instrument,  effect  of  variance 
between  name  of  payee  and  his  in- 
dorsement.    1914D-979. 

Process,  justice  of  peace,  effect  of  error 
in  name  of  party  in  summons  issued. 
1914A-1085. 

— publication  notice,  misnomer  of  defend- 
ant as  affecting  jurisdiction  of  court. 
1913B-1248. 

— summons,  effect  of  misnomer  of  defend- 
ant where  he  does  not  appear.  1912A- 
549. 

Recording  acts,  effect  of  error  in  name  of 
party  to  recorded  instrument.  1915C- 
97. 

Taxation,     effect     of    misnomer     of     land 
.  owner.     1918D-569, 


NARCOTICS. 

Exqessive  use  as  intoxication.  1913E- 
1105. 

Validity  and  construction  of  federal  reg- 
ulation of  manufacture,  sale  or  pos« 
session.     1917D-856. 


NATIONAL  BANKS. 

See  Banks  and  Banking;  Beceivers. 

NATIONAL  DEBT. 

Gift  for  reduction  as  valid  charitable  gift. 
1914A-1219. 

NATIONAL  FLAG. 

Use  for  advertising  or  commercial  pur- 
poses, validity  of  statutes  prohibiting. 
■4-270;  10-528. 

NATIONAL  FOREST  RE- 
SERVES. 

Validity  and  construction  of  legislation. 
1917A-20;  1918E-709. 

NATIONAL  GUARD. 

See  Militia. 

NATIONAL  PROPERTY. 

See  United  States. 

NATURAL  CHILDREN. 

See  Illegitimacy. 

NATURAL  GAS. 

Mineral  product.     20-937;   1913B-1214. 

Mining  lease,  covenant  for  diligent  pros- 
ecution of  work.    20-1165,  1168. 


NATUEAL  HEIRS— NEAREST  RELATIVE. 


599 


NATUEAL  GAS— Continued. 

Waste  by  private  owner,  constitutionality 
of  legislation  to  prevent.  4^213;  16- 
1001;  1912C-165. 

— right  of  owner  of  land  to  waste  to  in- 
jury of  neighbor.    4-357. 


NATURAL  HEIRS. 

Meaning  of  term.     1917A-1159. 

NATURALIZATION. 

Alien  enemies,  naturalization  of.  1917C- 
214;  1918C-723. 

Cancellation  of  certificate,  jwwer  of  state 
court.     19146-229. 

"Child"  in  statute  relating  to  naturaliza- 
tion of  Indians  as  including  illegiti- 
mate child.     1918B-2o6. 

Fitness  of  alien  as  determined  by  moral 
or  intellectual  qualifications.     16-281. 

Jurisdiction  of  state  court  in  proceeding. 
1915C-428. 

Revocation  of  naturalization,  grounds  for. 
1917C-45. 

State  legislation,  validity.     1912A-817. 


NATURAL  LAWS. 

Judicial  notice  of  those  relating  to  human 
beings.     18-586. 

— construction  of  statute  requiring  courts 
to  take  judicial  notice.     1914D-548. 


NAVY. 
See  Army  and  Navy. 

NAVY  YARD. 

Workmen's  Compensation  Act  as  applicable 
to  employment  therein.     1917D-26. 

NEAR. 

Meaning  of  word.     1913D-117. 


NEAR  BEER. 

Judicial  notice  as  nonintoxicating.    19140- 
876. 

Meaning  of  term.     1913r)-124. 


NEAREST  BLOOD  KIN. 

Meaning  as  used  in  deed.     1915D-725. 

NEAREST  BLOOD  RELA- 
TION. 

Meaning  of  that  or  similiar  phrase  in  will 
designating  legatee  .  or  devisee. 
1915A-476. 


NEAREST  FAMILY. 

Meaning   of   phrase    in    will     designating 
legatee  or  devisee.     1915A-476. 


NATURAL  RESOURCES. 

Development  as  constituting  public  use 
supporting  eminent  domain.     2-51. 

Waste  by  private  owner,  constitutionality 
of  legislation  to  prevent.  4-213; 
16-lOai:   1912C-165. 

NATURAL  RIGHTS. 

See  Constitutional  Law. 

NAVIGABLE  WATERS. 

See  Waters  and  Watercourses. 

NAVIGATION. 

See  Ships  and  Shipping;  Waters  and  Water- 
courses. 


NEAREST  HEIR. 

Meaning  of  that  or  similar  phrase  in  will 
designating  legatee  or  devisee. 
1915A-474. 


NEAREST  OF  KIN. 

Meaning  of  that  or  similar  phrase  in  will 
designating  legatee  or  devisee. 
1915A-475. 


NEAREST  RELATIVE. 

Meaning  of  that  or  similar  phrase  in  will 
designating  legatee  or  devisee. 
1915A-475. 


600    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


NECESSARIES. 

Infants,  burden  of  proof  and  province  of 
court  and  jury  as  to  whether  articles 
furnished  infant  constitute  necessa- 
ries.    14-686. 

— clothing  purchased  by  minor,  liability  of 
parent.     1913A-967. 

— disaffirmance  of  contract  for  necessaries, 
right  of  infant.     4-422;  1914C-239. 

— education  or  instruction  of  infant,  con- 
tracts for.     8-131;  20-593. 

■ — ^implied  authority  of  child  to  bind 
parent.     4-1188. 

— ^legal  services  in  behalf  of  minor. 
1914r)-604. 

Husband  and  wife,  authority  of  wife  to 
purchase  necessaries  during  cohabita- 
tion.    1915A-3. 

—dental  charges,  liability  of  husband  on 
wife's  contract.     1912C-142. 

— divorce  decree  as  res  judicata  in  action 
seeking  to  hold  husband  for  neces- 
saries furnished  wife.  1916B-899, 
919. 

— estoppel  of  man  representing  woman  as 
his  wife  to  deny  liability  for  purchases 
by  her.     1913r)-1062. 

— household  expenses,  liability  of  wife. 
1917C-561. 

— medical  attendance  upon  husband,  lia- 
bility of  wife.     5-832. 

—wife  contracting  for  necessaries  on  her 
own  credit,  liability  of  husband.  9- 
1067. 


NECESSARY. 

Easement,    meaning    of    term    "necessary" 
as    applied    to    easement.     1918D-931. 

Exemption  statute,  meaning  of  term  "ne- 
cessary" as  used  therein.     1918D-173. 

Wills,  meaning  of  term  "necessary"  as  used 
in  wiU.     1918D-1162. 


NECESSARY  EXPENSE. 

Meaning  of  term.     1918D-921. 


NECESSARY  TRAVEL. 

Meaning  as  used  with  respect  to  mileage 
allowance.     1918D-934. 


NECESSITY. 

Action  by  disqualified  judge  as  justified 
by   necessity.     1917A-1061. 

Easements,  necessity  as  essential  to  crea- 
tion of  implied  easement  of  right  of 
way.     1913C-1112. 

"Work  of  necessity  within  Sunday  laws, 
eale  of  food  as  constituting.     16-278. 


NECK. 

Injury    to    neck,    adequacy     of    verdict. 
1916B-431. 


NE  EXEAT. 

Suits  by  wife  for  support  or  for  divorce 
and  alimony.     3-295. 


NEGATIVE  EVIDENCE. 

Character  as  provable  by  negative  evi- 
dence.    17-108. 

Injury  at  railroad  crossing,  weight  of  tes- 
timony that  person  did  not  see  or  hear 
train  approaching,  when  evidence 
shows  he  must  have  seen  or  heard 
it  if  looking  or  listening.  1912B- 
1133. 

Private  books  or  records  as  evidence  of 
what  they  do  not  contain.    1914B-12o6. 

Weight  of  negative  testimony.  12-1033; 
18-633;    1916A-163. 


NEGATIVES  PREGNANT. 

Pleading  negatives  pregnant.     1917A-668, 
678,  681,  685. 

NEGLECT  OF  DUTY. 

Servant's   neglect   as   ground  for  his   dis- 
charge.    1916A-1022. 


NEGLIGENCE. 

1.  In  GeoaeraL 

2.  Nature  and  Elements. 

3.  Contributory  Negligence. 

A.  Generally. 

B.  Imputed   Negligence. 

C.  Last  Clear   Chance. 

D.  Effect    op    Contkibutory    Negli- 

gence. 


NEGLIGENCE. 


601 


NEGLIGENCE— Continued. 

4.  Comparative  Negligence. 

5.  Proximate  Cause, 

6.  Pleading. 

7.  Evidence. 

8.  Instructions. 

9.  Particular  Cases  of  Negligence. 

1.    In  Ckneral, 

Absolute  duty  or  liability,  meaning  of 
term  "absolute."     I916B-296. 

Accident  insurance,  exposure  resulting 
from  negligence  as  unnecessary  ex- 
posure to  danger  within  policy. 
1916B-274. 

Unclassified  negligence  cases.     1914A-876. 

2.    Nature  and  Elements. 

Attractive  nuisance  doctrine  as  applied  to 
municipalities.     1915C-286,  304. 

Cutting  hole  in  ice  on  public  waters,  civil 
liability  for  personal  injuries  caused. 
14-365. 

Due  care  toward  third  person,  may  one 
recover  for  injury  inflicted  through 
defendant's  failure  to  use.  1913E- 
927. 

Exposure  to  contagious  or  infectious  dis- 
ease, liability  of  person  exposing  an- 
other.    19I2B-64. 

Fireworks,  liability  for  injuries  resulting 
from  discharge.     5-539;  13-547. 

Licensee  and  invitee,  distinction  between. 
19130-570. 

Manufacturer  of  article  not  inherently 
dangerous,  liability  as  for  negligence. 
1914A-877. 

Privity  of  contract  as  an  element  of  ac- 
tionable negligence.     1-755. 

Shooting  another  while  hunting,  civil  lia- 
bility of  sportsman.  20-126;  1918C- 
386. 

Turnstile,  revolving  or  swinging  doors,  lia- 
bility of  proprietor  for  injuries  re- 
ceived in.     16-117;  1916D-1235. 

Turntable  cases,  jurisdictions  in  which 
doctrine  is  approved  or  disapproved. 
11-901,  990. 

Unguarded  pond,  pool,  well,  etc.,  liability 
of  land  owner  for  injury  to  trespass- 


NEGLIGENCE— Continued. 

ing     child     on     account     of.     11-990; 
1916C-1085;   1917A-726. 

Violation  of  statute  or  ordinance  as  ac- 
tionable negligence.     1917E-852. 

—law  not  intended  for  plaintiff's  benefit, 
violation  as  actionable  negligence.  9- 
427;   1912D-1106;   1916B-301. 

3.    Contributory  Negligence. 

A.     Geneeally. 

Assumption  of  risk  and  contributory  neg- 
ligence, distinction  between.     18-960. 

Attempt  to  save  human  life  as  contribu- 
tory negligence.     4-928;   1917C-654. 

— going  upon  track  in  advance  of  ap- 
proaching train  in  attempt  to  save 
life.     21-1178. 

Blindness  or  deafness  of  injured  person  as 
affecting  question  of  contributory  neg- 
ligence.    5-76;   1912C-1072. 

Children,  contributory  negligence  of  chil- 
dren. 1-895;  17-353;  1913A-117; 
1913B-969. 

Coal-hole  in  sidewalk,  contributory  neg- 
ligence of  pedestrian  as  precluding  re- 
covery for  injuries  sustained.  19-471; 
1917D-496. 

Contributory  negligence  as  precluding  re- 
covery where  previous  negligence  of 
defendant  incapacitated  him  from 
avoiding  injury.  1916D-501;  1917E- 
768. 

Effort  to  save  property  as  contributory 
negligence.  4-216;  11-371;  1914C- 
413. 

Forgetfulness  of  known  danger  as  negli- 
gence of  person  other  than  servant. 
1913D-36. 

•—pedestrian's  forgetfulness  of  defects  in 
highway  as  contributory  negligence. 
1915B-764. 

— servant's  forgetfulness  of  known  danger 
as  contributory  negligence.  1913B- 
1197. 

Husband  and  wife,  contributory  negli- 
gence of  one  spouse  as  bar  to  recov- 
ery for  injuries  to  other.     1912A-647. 

Intoxication  as  affecting  contributory  neg- 
ligence.    5-72;   19-1176;   1914D-114. 

Laborer  in  street,  care  required  to  avoid 
injury    from   street-car.     1915B-505. 

Misinterpretation  of  signal  by  railroad 
employee  as  negligence.     1915A-1265. 


602    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


NEGLIGENCE — Continued. 

Public   officer,   contributory   negligence   as* 
defense  for  failure  to  perform  or  neg- 
ligent performance  of  duty.     20-1309, 

Stopping  or  leaving  vehicle  in  dangerous 
place  in  street  as  precluding  recovery 
for  resulting  injuries.  1917C-1229, 
1243. 

Street  railway,  contributory  negligence  of 
person  injured  as  affecting  duty  of 
street-car  to  sound  gong  or  bell.  20- 
158. 

Streets,  recovery  for  injury  from  station- 
ary obstruction  in  street  as  precluded 
by  contributory  negligence.  1913C- 
535. 

Violation  of  statute  or  ordinance  as  con- 
tributory negligence.     4-513. 

B.    Imputed  Negligence. 

Automobile  driver's  negligence  as  impu- 
table to  occupant.  19-1225;  1918B- 
241;   191SC-961. 

Bailee's  negligence  as  imputable  to  bailor 
in  action  by  latter  against  stranger 
for  injury  to  property.     18-537. 

Child's  negligence  as  imputable  to  parent. 
21-143. 

Contributory  -negligence  of  person  to 
whom  child  is  intrusted  as  imputable 
to  parents.     1916A-893. 

Death  by  wrongful  act,  imput  ability  of 
negligence  of  one  parent  to  other  in 
action  to  recover  for  death  of  child. 
1914B-35. 

Driver's  negligence  as  imputable  to  pas- 
senger. 3-703;  9-408,  938;  1916E;- 
685. 

Husband  and  wife,  imputability  of  con- 
tributory negligence  of  one  spouse 
to  other.     1912A-647. 

Master  and  servant,  imputation  of  negli- 
gence arising  from  relation.  1912A- 
648. 

Parent's  negligence  as  imputable  to  child 
of  tender  years.  1-216;  7-244;  11- 
686;   1912D-521. 

Eailroads,  applicability  of  rule  of  im- 
putability of  contributory  negligence 
of  driver  to  occupant  of  vehicle.  5- 
163. 

Street  railways,  applicability  of  rule  of 
imputability  of  contributory  negli- 
gence of  driver  and  occupant  of  ve- 
hicle,    5-163. 


NEGLIGENCE — Continued. 

C    Last  Clear  Chance. 

Collision  between  automobile  and  street- 
car, application  of  last  clear  chancs 
doctrine.     1916E-515. 

Concurrent  negligence  of  plaintiff  as  de- 
feating recovery  under  doctrine  of 
last  clear  chance.     1912B-S88. 

Standing  or  walking  close  to  railroad 
track,  application  of  last  clear  chance 
rule  to  injury  sustained  by  person. 
1912B-1242. 

Stopping  or  leaving  vehicle  in  dangerous 
place  in  street,  application  of  doctrine. 
1917C-1239,  1243. 

Trestle  or  bridge,  liability  of  railroad  for 
injury  to  person  other  than  servant. 
1914D-1218. 


D.    Effect  op  Contkibxjtoey  Negligence. 

Contributory  negligence  of  plaintiff  as  im- 
plying negligence  of  defendant.  19- 
1234. 

Defective  certificate  of  acknowledgment, 
contributory  negligence  of  injured 
persons  as  affecting  right  of  recovery 
from  officer.     1915C-1029. 

Nuisance,  contributory  wrong  of  plaintiff 
as  precluding  recovery  of  damages. 
11-134. 

Wilful  wrong,  contributory  negligence  as 
defense  to  action.     1912A-493. 


4.    Comparative  Negligence. 

Federal  Employers'  Liability  Act,  compar- 
ison of  negligence  thereunder.  1914C- 
175. 

Jurisdictions  in  which  doctrine  of  com- 
parative negligence  is  recognized.  3- 
4S;    19-1143;   1918B-1098. 


5.    Proximate  Cause. 

Aggravation  of  latent  or  dormant  diser.pe 
of  person  by  negligent  act  as  bearing 
on  question  of  proximate  cause. 
19153-201. 

Bridges,  negligent  manner  of  maintenance 
of  a  municipal  bridge  essential  as 
proximate  cause  for  injury  from  de- 
fect therein.     15-845. 

Illness  of  person  injured  as  proximate 
cause  of  injury.     2-734. 


NEGLIGENCE. 


603 


NEGLIGENCE— Continued. 

Proximate  cause  and  intervening  condi- 
tion.    1-230. 

Respective  functions  of  court  and  jury  in 
regard  to  question  of  proximate  cause. 
1913B-351. 

Stranger's  act  in  attempting  to  remedy 
situation  caused  by  negligence  of  an- 
other as  relieving  latter  from  liabil- 
ity for  resulting  injury.     14-395. 


6.    Pleading. 

Acts  of  negligence  not  pleaded,  right  to 
recover  upon.     1912A-641. 

Amendment  of  complaint,  additional 
ground  stated  for  same  injury  as 
constituting  new  cause  of  action 
barred  by  limitation  statute.  1913D- 
742;  1916B-511. 

— changing  description  of  place  of  injury 
as  introducing  new  cause  of  action. 
1915B-219. 

Availability  of  contributory  negligence  as 
defense  when  not  pleaded.  15-433; 
1913B-845. 

Bills  of  particulars  in  negligence  actions. 
3-161;  1916B-105. 

— defense  of  contributory  negligence,  right 
to  bill  of  particulars  with  respect  to, 
1916B-110. 

Custom,  necessity  of  pleading  in  negli- 
gence  action.     1912B-1064. 

Inconsistent  defenses  in  action  growing 
out  of  negligence.     1917C-736. 

"On  or  about"  certain  day,  sufficiency  of 
allegation  and  proof  as  to  time  of 
infliction  of  personal  injury,  1916A- 
217. 

Eule  as  to  complaint  alleging  proximate 
cause  as  applicable  to  injury  from 
excavation  in  street.     1913E-82, 

Two  or  more  acts  of  negligence  in  one 
count,  right  to  charge  in  complaint 
or  declaration  in  action  for  damages 
for    personal    injuries,     1913C-101. 


7.    Evidence. 

Absence  of  prior  accident,  admissibility 
of  evidence  in  action  for  negligence. 
5-1014. 

Admissions  tending  to  show  negligence, 
competency  and  weight.     14-227. 


NEGLIGENCE— Continued. 

Contributory  negligence,  burden  of  proof 
as  to.     10-4. 

Federal  courts  as  bound  by  state  deci- 
sions on  burden  of  proof  of  contribu- 
tory negligence.     16-569. 

Insurance  of  defendant  (other  than  mas- 
ter) against  liability,  admissibility  of 
evidence  of  fact.  1914A-948;  1916E- 
571. 

"On  or  about"  certain  day,  sufficiency  of 
proof  as  to  time  of  infliction  of  per- 
sonal injury.     1916A-217. 

Opinion  of  witness  as  to  whether  conduct      ' 
of  certain  person  was  careless,  reck- 
less or  negligent,  admissibility.    1913C- 

1077. 

Ordinance  not  pleaded,  admissibility  to 
prove  negligence.     16-1064, 

Ordinary  practice  or  custom  in  perform- 
ance of  similar  act,  admissibility  of 
evidence  on  issue  of  negligence.  20- 
1205. 

Ees  ipsa  loquitur  doctrine,  application  to 
injury  to  person  in  highway  caused 
by  fall  of  wall  or  portion  thereof, 
1916E-1073. 

— burden  of  showing  negligence  as  re- 
lieved by  rule  of  res  ipsa  loquitur. 
1914D-908. 

— child  run  over  in  street,  applicability  of 
doctrine.     1913C-1056, 

— derailment  of  train  or  car  as  presumptive    - 
evidence      of      negligence.       12-1045; 
1913E-552, 

— electric  appliances  on  private  property, 
doctrine  as  applicable  to  injury  of 
person,     1913A-11S4, 

■ — elevators,  fall  as  presumptive  evidence 
of  negligence  on  part  of  owner  or 
operator,     8-976. 

— explosion  of  boiler  or  of  vulcanizer,  doc- 
trine as  applicable.  1912A-980; 
1914D-971. 

— master  and  servant,  doctrine  as  appli- 
cable to  relation.  1912D-436;  1914D- 
94;    1915C-515;   1916B-7o2. 

■ — street-car  collision  with  wagon  injuring 
passenger  on  car  as  raising  presump- 
tion  of   negligence.     4-12;   19150-667. 

■ — unexplained  starting  of  machinery  as 
raising  inference  of  negligence.  1912D- 
511;   1916B-218. 

Violation  of  statute,  proof  thereof  as 
tending  to  show  negligence.     9-431. 


604    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


NEGLIGENCE — Continued. 
8.    Instructions. 

Ordinary  care,  propriety  of  instruction 
charging  as  that  which  person  of  rea- 
sonable prudence  "would  use  in  his 
own  affairs,  about  his  own  business, 
in  preventing  personal  injury  to  him- 
self."     1914B-1024, 

Proximate  cause,  effect  of  failure  to  give 
instruction  that  alleged  negligence 
must  have  been  proximate  cause  of 
injury.     20-85. 


9.    Particular    Cases    of    Negligence. 

Abstract  of  title  erroneously  compiled, 
liability  of  abstractor.  12-410; 
1912B-840;   1915D-448;  1918E-93. 

• — extent  of  liability  for  negligence.  1- 
755. 

Accident  insurance,  accidental  injury  ow- 
ing to  negligence  as  voluntary  expos- 
ure to  unnecessary  danger  within  terms 
of  accident  insurance  policy.  1916B- 
274. 

Adjoining  land  owner,  excavations  injur- 
ing adjoining  buildings,  liability  of 
land   owner.     21-19;    1917A-352. 

— ^falling  or  dropping  of  objects  causing 
injury  to  adjoining  property,  liability 
for.     1914B-1171. 

Agency,  personal  liability  of  agent  hav- 
ing charge  of  real  property  for  mis- 
feasance.    1918D-233. 

Animals,  injuries  to  or  by.     See  Animals. 

Arbitrator,  negligence  in  exercise  of  hon- 
est judgment,  right  of  action  against. 
1913E-651. 

Assault,  bystander  injured  by  person 
while  acting  in  self-defense,  liability 
of  latter  as  for  negligence.  1916C- 
1150. 

^right  to  recover  in  civil  action  on 
ground  of  negligent  assault.  1914B- 
999. 

Attorneys,  burden  of  proof  in  action 
against  attorney  for  negligence.  2- 
603;   14-342; 

^costs  of  action,  negligence  of  attorney 
as  imposing  personal  liabilitv  on  him. 
21-882. 

— judgment  against  party  through  negli- 
gence of  attorney  as  entitling  former 
to  equitable  relief.     10-447. 


NEGLIGENCE — Continued. 

—liability  of  attorney  for  negligence. 
1917B-3,  54. 

— survival  of  action  for  negligence  of  at- 
torney.    6-651. 

Automobiles,  accidents  to  automobiles  at 
railroad  crossing.  1913B-680;  1915B- 
767. 

— acts  of  chauffeur  or  agent,  liability  of 
owner  for.  10-732;  12-972;  1914C- 
1087;  1915D-476;  1916A-659;  1917D- 
1001;  1918D-241,  1134. 

•^chauffeur's  personal  injuries,  liability  of 
owner  to   him.     1916E-1090. 

— child's  acts  of  negligence,  liability  of 
owner.     1914C-1091;    1918E-1137. 

— collision  between  automobile  and  street- 
car, application  of  last  clear  chance 
doctrine,     1916E-515. 

— defective  construction  of  machine,  lia- 
bility of  maker  to  third  person. 
1913'B-694;    1916C-446;   1917E-584. 

— driver  other  than  owner's  servant  or 
child,  liability  for  acts.  1916A-668; 
1917E-228. 

— failure  to  comply  with  statutory  regula- 
tions as  to  registration,  license,  dis- 
playing number,  etc.,  as  affecting 
rights  and  liabilities  of  owner  or 
driver.  18-242;  1914A-128;  1918D- 
847. 

— guests,  liability  of  owner  for  injuries  to 
person  riding  as  invited  guest.  1915D- 
345;  1918B-1098;  1918E-1127. 

— imputability  of  driver's  negligence  to  oc- 
cupant of  automobile.  19-1225; 
1916E-268. 

— ^leased  or  demonstrating  car,  responsibil- 
ity for  act  of  driver.     1916A-673. 

— leaving  automobile  unattended  in  high- 
way, liability  for  resulting  injuries. 
16-402. 

— rights  and  duties  of  persons  driving  in 
streets.     1916E-661. 

— statute  making  owner  liable  for  negli- 
gent operation  by  any  person,  validity. 
1915A-1170. 

— unregistered  machine,  liability  of  driver 
irrespective  of  negligence  for  injury. 
1918B-1147. 

Awning,  sign,  etc.,  suspended  over  street, 
fall  cau|ing  personal  injury,  liability 
of  person  maintaining.  10-718,  17- 
376. 

Bank  examiner,  liability  of  bank  examiner 
for   breach   of   duty.     1916E-220. 


NEGLIGENCE, 


605 


NEGLIGENCE— Continued. 

Banks,  collecting  bank  sending  cteck  di- 
rectly to  drawee  bank  for  payment. 
8-372;  1912B-123. 

— sending  paper  received  for  collection  di- 
rectly to  payer  or  drawer,  liability. 
5-658. 

— subagent's  negligence  as  affecting  liabil- 
ity of  bank  for  failure  to  protest  pa- 
per received  for  collection.  1918A- 
900. 

Bathing  resort  or  beach,  duty  of  proprietor 
to  patrons.  8-982;  1913D-1217; 
1917B-333. 

Blasting,  injury  to  property  by  concussion 
or  vibration  resulting  from  blasting. 
2-201;  19-787;  1916C-1176. 

— liability  for  injury  to  property  accom- 
panied by  actual  physical  invasion  of 
property.     11-347. 

Breeding  animal,  liability  for  negligence 
in  service.     1916A-581. 

Bridges,  injury  by  vessel,  liability.     1917B- 

938. 
— liability    of    municipality   in    respect   to 

maintenance  and  operation  of  bridges. 

15-833. 

Burglar-alarm  system,  liability  for  negli- 
gence of  company  maintaining. 
1915D-1187. 

Carriers  of  goods,  act  of  God  co-operating 
with  carrier's  negligence,  liability  of 
carrier  for  damages  caused.  3-453; 
12-449;   1912r)-968;   1918A-581. 

• — contract  stipulating  value  of  goods  as 
valid  limitation  on  carrier's  liability 
for  negligence.  12-1129;  18-353; 
1913D-987. 

—delay  in  transporting  property  intended 
for  exhibition  purposes,  measure  of 
damages.     5-827;  1918E-1057. 

^delivery  of  goods  to  wrong  person,  liabil- 
ity of  carrier.     5-100;  1915D-875. 

—departure  from  agreed  method  of  trans- 
portation, effect  on  liability  of  carrier. 
1912B-615;  1918C-1075. 

■ — depreciation  in  value  of  goods  caused  by 
delay  in  transporting  them,  measure  of 
damages.     1917D-164. 

— loss  arising  from  rise  or  fall  of  tide  as 
due  to  act  of  God.     1917A-450. 

— notice  of  injury  to  shipment  of  goods, 
sufficiency.     1918D-817. 

—penalty  imposed  by  statute  on  carrier 
of  goods  or  livestock  for  failure  to  pay 


NEGLIGENCE— Continued. 

claim    within    certain    time,    validity. 
20-1056;    1915D-824;   1916D-335. 

— reasonable    time    for   removal    of    goods 
by  consignee  from  premises  of  carrier, 
what      constitutes.      21-531;      1918E-^ 
1114. 

— safe  cars,  liability  of  carrier  for  injuries 
resulting  to  consignor  or  consignee 
from  failure  to  furnish.     9-990. 

— shipper's  control  of  car  as  affecting 
liability  of  shipper  to  carrier  for  in- 
jury to  car.     1914C-636. 

— unusual  and  excessive  amount  of  freight 
to  be  handled  as  excusing  delay  in 
transportation  by  carrier.  11-274; 
1913D-967;  1918D-143. 

Carriers  of  livestock,  burden  of  proof  of 
negligence  on  part  of  carrier.  15-35; 
1913E-311. 

— escape  of  animals  from  custody  of  car- 
rier, liability.     1912B-392, 

— ^injury  to  stock  where  shipper  loads  im- 
properly, liability  of  carrier.  1916E- 
1203. 

Carriers  of  passengers,  alighting  from  mov- 
ing train  where  act  is  obviously  dan- 
gerous as  contributory  negligence. 
1-778;   17-1154. 

— appliances  purchased  from  manufacturer, 
liability  of  carrier  with  respect  to. 
1916E-929. 

— articles  falling  from  parcel  rack,  liabil- 
ity of  carrier.     21-323;  1915B-269. 

— baggage  placed  by  passengers  in  car 
aisles,  allowance  by  carrier  as  consti- 
tuting negligence.  12-887;  1913B- 
814;    1914D-16S. 

— banana  peel,  injury  to  passenger  caused 
by  slipping  on  banana  peel  or  the  like, 
liability  of  carrier.  21-1144;  1916E- 
1087. 

— ^boarding  moving  car  or  train  as  contribu- 
tory negligence.     2-939. 

— change  of  cars,  duty  of  carrier  to  give 
passenger  notice  of  and  time  to  make 
change,     1917D-488. 

— collision  resulting  in  injury  to  passenger, 
presumption  of  negligence.  4-10; 
1917C-634. 

— connecting  carriers,  liability  of  initial 
carrier  for  wrongful  acts  or  omissions 
of  connecting  carriers.  3-5;  1916A- 
493. 

— contributory  negligence  of  passenger  in 
violating  rule  as  affected  by  failure  of 
carrier   to   enforce   rule.     1916E-1308. 


606    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


NEGLIGENCE — Coptinued. 

— crossing  intermediate  track  between 
train  and  station  as  contributory  neg- 
ligence on  part  of  passenger.     14-25. 

— delay  in  transportation  of  passenger  due 
to  negligence,  liability  of  carrier.  17- 
952;    1915A-1077. 

— derailment  of  train  or  car,  as  evidence 
of  negligence  of  carrier.  12-1045; 
1913E-552. 

— destination,  duty  of  railroad  to  put 
passenger  off  at  destination  not  stop- 
ping station.  6-24;  1912C-552;  1916E- 
1220. 

— door  of  car,  injury  to  passenger  caused 
by  car  door,  liability.  18-1163; 
1918C-377. 

— drover  riding  on  pass  or  in  charge  of 
stock,  liability  of  carrier.  6-799; 
1917E-149. 

— emergency  brakes,  liability  for  injury 
to  passenger  caused  by  application. 
1915C-764. 

— employees  of  another  person  or  com- 
pany, validity  and  effect  of  contracts 
limiting  liability  of  carrier  for  inju- 
ries.    12-1077. 

— express  messengers,  validity  of  stipula- 
tion against  liability.     12-727. 

— falling  overboard,  liability  of  carrier  by 
water  for  injury  to  or  death  of  pas- 
senger.    1917D-1038. 

— free  passenger,  liability  of  carrier  for 
injury  to.  6-669;  'l0-870;  1914B- 
1209. 

— freight  or  stock  trains,  contributory 
negligence  and  assumption  of  risk  as 
applied  to  passengers  on.     6-800. 

— going  from  one  car  to  another  of  mov- 
ing train,  liability  of  carrier  for  in- 
juries to  passenger.  16-446;  1916A- 
144. 

— insane  passenger,  duty  and  liability  of 
carrier  with  respect  to.  1913D-153; 
1916E-256. 

— ^intoxicated  passenger,  liability  of  car- 
rier to.     5-72;   9-488. 

— jumping  from  vehicle  to  avoid  threat- 
ened danger  as  contributory  negli- 
gence   of  passenger.     16-84. 

— ^larceny  from  or  robbery  of  passenger 
by  stranger,  liability  of  carrier  (other 
than  sleeping-car  company).  1918E- 
582. 

— leaving  seat  before  train  stops  at  des- 
tination as  contributory  negligence. 
4-750;   1914A-636. 


NEGLIGENCE— Continued.    * 

— lighting  passenger  stations,  sufficient 
light  and  reasonable  time  as  question 
for  jury.     7-970. 

— mail-crane  located  near  railroad  track, 
as  actionable  negligence.  9-1002; 
1916E-717. 

— nonplatform  side  of  train,  contributory 
negligence  of  passenger  in  alighting. 
1914C-504. 

— operating  car  or  train  with  insufficient 
number  of  employees,  liability  of  car- 
rier.    1917C-73. 

— passes,  validity  of  stipulation  exempting 
carrier  from  liability  for  injuries.  4— 
557;  5-768;  12-584;  1914A-678;  1915C- 
623. 

— permitting  part  of  body  to  protrude 
from  car,  as  contributory  negligence 
of  passenger.     1-710;  1916C-121S. 

— person  attending  passenger,  contributory 
negligence  as  barring  right  of  recov- 
ery.    10-163. 

— platforms,  passenger  riding  on  platform, 
liability  of  railroad  for  injuries  re- 
ceived.    1914A-563. 

— public  officer  injured  on  train  or  prem- 
ises in  discharge  of  official  duties, 
liability  of  carrier  or  owner  of  prem- 
ises.    21-499;  1914B-518. 

— release  of  carrier  from  liability  to  sleep- 
ing-car employees,  validity  of  con- 
tract.    12-738;  1915B-534. 

— riding  or  standing  on  running-board  or 
step  of  open  street-car  as  contribu- 
tory negligence.  4-666;  9-1025;  1914A- 
1172;  1917C-71;  1918C-445. 

— safe  place  for  delivery  of  baggage  to 
passenger,  duty  of  carrier  to  provide. 
1916C-1213. 

— sickness  of  passenger  during  transit, 
duty  and  liability  of  carrier.  21- 
1081;   1916C-862. 

— sleeping-car  passenger  losing  effects  left 
in  berth  while  temporarily  absent, 
liability  of  company.     10^895. 

— standing  in  moving  car  of  train  as  con- 
tributory negligence.     13-122. 

— steamship  stipulation  against  liability 
for  baggage  of  passenger,  validity 
and  effect.     9-915. 

— termination  of  carrier's  liability  to  pas- 
senger.    6-1033;  19-1019;  19150-1223. 

— window,  fall  of  car  window  injuring 
passenger,  liability  of  carrier.  1912B- 
850. 


NEGLIGENCE. 


607 


NEGLIGENCE— Continued. 

Charitable  institutions,  liability  for  neg- 
ligence of  employees.  4-104;  S-llll; 
11-160;  1913E-1129;  1915C-586; 
1916E-252;   1918E-1174. 

Chattel  mortgages,  injury,  etc.,  to  chattels, 
right  of  action  of  mortgagor  against 
third   person.     1917D-554. 

Cold  storage  warehouseman,  liability  for 
negligence.     1916A-537;    1918C-895. 

Collapse  of  building,  liability  of  owner 
for  injuries  caused.     18-5;  1917A-478. 

Confusion  of  goods,  liability  for  tortious 
or  wrongful  act.  1913E-665;  1918A- 
740. 

Corporations,  equitable  jurisdiction  of  suits 
by  corporation  against  officers  or  di- 
rectors for  negligence.     7-1121. 

— negligence  of  officers,  right  of  corpora- 
tion or  stockholders  to  recover  amount 
of  damages  paid  by  corporation  there- 
for.    1913C-375. 

— transfer  of  shares  of  stock  without  au- 
thority of  owner,  liability  as  based 
on   negligence.     1913E-1174. 

Dam  across  watercourse,  liability  of  one 
constructing  dam  for  breaking  thereof. 
1912A-110. 

Dead  bodies,  right  to  recover  for  mutila- 
tion.    191SD-736. 

Death  of  human  being  as  element  of  re- 
covery in  civil  action  between  third 
persons.     1917B-8S6. 

Dentists,  liability  to  patient  for  malprac- 
tice.    1914A-273;    1918C-1190. 

Descent  and  distribution,  neglect  of  cred- 
itor as  precluding  enforcement  of  debt 
against  heir  or  devisee.     1917C^95. 

Destruction  of  property,  personal  property 
partly  destroyed  or  injured  by  negli- 
gent act,  measure  of  damages  recover- 
able.    1915D-795. 

Detectives,  civil  liability  of  private  detec- 
tive or  his  employer.     1917A-584. 

Door  or  gate  opening  outwards  in  street, 
liability  for  injuries  caused.  1916&- 
458. 

Druggists,  liability  of  druggist  for  neg- 
ligence of  clerk.     1915C-419. 

Electricity,  charging  wire  of  other  com- 
pany or  person,  liability  of  electric 
com  pan  V  for  injuries  resulting.  16- 
1194;   19180-916. 


NEGLIGENCE— Continued. 

— children,  duty  and  liability  of  one  main- 
taining electric  wires  in  reference  to 
children.  10-925;  21-1096;  1917A- 
895. 

— escape  of  excessive  current  from  con- 
trol as  presumptive  negligence  under 
res  ipsa  loquitur  doctrine.  1913A- 
11S4;   1917C-862. 

— injuries  to  person  on  premises  to  which 
electric  company  supplies  current,  lia- 
bility of  company.     17-1046. 

—inside  wiring  or  apparatus,  liability  of 
light  company  for  injuries  resulting 
from  condition.     1917A-1175. 

—liability  of  electric  company  maintain- 
ing wires  in  close  proximity  to  those 
of  another  company  for  injury  to  em- 
ployee of  latter  company.  1918D- 
4,  63. 

— live  wires  in  highway,  liability  for  in- 
jury to  person  coming  in  contact.  4- 
709;  6-533;  1913D-912. 

— maintenance  of  wires  over  private 
property,  as  distinguished  from  high- 
way, liability  for  injuries  received  by 
adult  coming  in  contact  therewith. 
21-374;  1918C-594. 

— stringing  electric  wires  above  ground 
as  negligence.     9-751. 

Elevators,  contributory  negligence  pre- 
cluding recovery  for  injury  to  intend- 
ing passengers  by  fall  down  elevator 
shaft.     1914C-578. 

— fall  of  elevator  as  presumptive  negli- 
gence on  part  of  owner  or  operator. 
8-976. 

— liability  of  proprietor  for  injury  to  per- 
son other  than  passenger.  1912D-531; 
1915B-572. 

— violation  of  statute  or  ordinance  requir- 
ing safeguarding  of  elevators  not  in- 
tended for  plaintiff's  benefit  as  action- 
able negligence.     9-430, 

Escrow,  liability  for  delivery  of  property 
to  person  not  entitled,  negligence  as 
element.     1915A-278. 

I 

Executors  and  administrators,  personal 
liability  to  third  person.     21-355.         -- 

— public  administrator,  personal  liability 
for  injury-  to  property  administered. 
1918B-1072. 

Expert  accountant,  liability  for  failure  to 
disclose  true  status  of  accounts. 
1914C-722. 


608    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


NEGLIGENCi: — Continued. 

Explosives,   keeping  and   stbring,  liability 

for  injuries  caused.     10-456;  20-827. 
— seller's    liability    for    injury    caused    by 

explosive.     5-1  SI;   12-267;   1913E-399. 
— throwing  away  small  quantity,  liability 

of  person  as  for  negligence.     1915A- 

146;  1917B-345. 

Fences,  "barbed  wire  fence,  liability  of 
owner  for  injuries  caused.  1913I>- 
781;    1915B-856. 

Ferry  owner,  liability  to  passenger.  17- 
371;    1915C-1004;    1918Er-1083. 

Mdelity  insurance,  what  constitutes  negli- 
gence  by   employee.     1917C-434, 

Fire  department,  care  required  of  driver 
to  avoid  collision  with  street-car  or 
other  vehicle.     1913E-231. 

Fire-escapes,    duty    to    maintain.     9-1166; 

1913E-777;    1916E-629. 
— Pliability    of    landlord    to    employee    of 

tenant    for    failure    to    keep    in    good 

condition.     1913B-278. 

Fire  insurance  agent's  liability  to  owner 
of  property  for  failure  to  procure  in- 
surance.    i918B-1037. 

■ — liability  of  agent  for  placing  insurance 
in    insolvent    company.     1912B-40. 

— watchman  of  insured  premises,  negli- 
gence as  affecting  right  of  insured  to 
recover  for  loss.     21-847;   1917D-S22. 

Fire  patrol,  liability  in  tort.  16-1222; 
1917E-684. 

Fires,  absolute  liability  of  railroad  for 
damage  by  fire,  validity  of  statute 
imposing.     16-941;   1918A-632. 

— contract  exempting  railroad  from  lia- 
bility for  fire,  validity  and  effect. 
5-747;   12-499;   1914A-1206. 

— contributory  negligence  as  defense  to 
action  under  statute  making  rail- 
road liable  for  setting  fire.  1914D- 
■     934. 

— erection  of  building  near  railroad  track 
as  contributory  negligence  to  injury 
by  fire  set  by  railroad.     8-441. 

— exemption  from  liability  for  fire  com- 
municated by  railroad  to  property  on 
its  right  of  way.  5-747;  12-499; 
1914A-1206. 

- — independent  contractor  rule  as  appli- 
cable to  damage  by  fire.     18-755. 

— licensee  in  possession  of  property,  liabil- 
ity for  damage  by  fire.     191ST)-378. 


NEGLIGENCE— Continued. 

— master's    liability    to    third    person    for 

damage    by    fire    started    by    servant. 

1914A-1102;   1917B-10o4. 
— negligence    of    railroad    in    maintaining 

building  on  right  of  way  from  which 

fire   is    communicated   to   property    of 

another.     17-193. 

— permitting  combustibles  or  conducting 
farming  operations  on  premises  ad- 
joining railroad  right  of  way  as 
contributory  negligence  barring  re- 
covery for  fire  set  by  railroad.  13- 
1206. 

— presumption  of  negligence  arising  from 
communication  of  fire  by  railrgad  en- 
gine.    1-815;    16-882;    1913E-971. 

— setting  fire  on  one's  own  premises,  neg- 
ligence as  affected  by  weather  condi- 
tions.    20-699. 

— stationary  engine,  furnace,  or  the  like, 
liability  for  causing  fire.     1917C-771. 

— time  and  distance  traveled  by  fire  as 
elements  in  determining  negligence 
of  railroad  as  proximate  cause  of 
damage.     3-386. 

— two  separate  fires  uniting,  liability  for 
damage  caused.     19150-1218. 

Fireworks,  act  of  third  person,  in  dis- 
charging fireworks,  liability  for  in- 
juries  resulting.     5-540;    13-547. 

—liability  of  committee  charged  with  ex- 
hibition for  resulting  injuries.  1918D- 
972. 

Food,  foreign  substance  in  beverage  or 
food,  liability  for  resulting  injury. 
1917B-575;   1918B-225. 

Forced  labor,  right  of  person  performing 
to  recover  for  negligence  of  co- 
worker.    4-479. 

Gas  companies,  acts  constituting  negli- 
gence.    1-66. 

— escape  of  gas  from  pipes,  liability  for 
injury  caused.  1914C-344;  1916E- 
277. 

Homicide,  contributory  negligence  as  de- 
fense to  prosecution.     1912C-501. 

Hospital,  pesthouse  or  almshouse,  munici- 
pal liability  in  respect  to  condition 
or  performance  of  services.  4-624; 
1918D-803. 

— insane  person,  liability  of  institution  of 

which  he  is  an  inmate  for  his  negli-         j 
gence.     12-S29.  M 


NEGLIGENCE. 


609 


NEGLIGENCE— Continued. 

— negligence  of  employees  of  private  hos- 
pital or  sanitarium,  liability  of  owner 
or     proprietor.      8-1046;     1915B-1229. 

— unlawful  detention  in  hospital  or  insti- 
tution for  insane,  right  to  damages. 
1917C-162. 

Hunting,  civil  liability  of  sportsman  for 
shooting  another  while  hunting.  20- 
126;  1918C-386. 

Husband  and  wife,  contributory  negli- 
gence of  one  spouse  as  bar  to  recov- 
ery for  injuries  to  other.     1912A-647. 

— injury  to  or  loss  of  consortium,  right 
of  wife  to  maintain  action  in  absence 
of  statute.     1913A-989;    1918D-208. 

— personal  injuries  to  wife  where  statute 
gives  her  right  of  action  therefor, 
right  of  husband  to  recover  for  loss 
of  consortium.     1912B-1125. 

Independent  contractor,  injury  to  person 
or  property  of  third  party  sustained 
after  completion  of  work,  liability  of 
contractor.     4-228;   1912B-710. 

— liability  of  owner  of  premises  for  dam- 
ages  done   by   contractor.     14-1161. 

— negligence  of  contractor  as  affecting 
liability  of  mine  owner  for  injuries 
to   contractor's   servant.     1912A-596. 

— repairing  leased  premises,  liability  of 
landlord  to  tenant  for  injuries.  9- 
211. 

— runaway  horse,  liability  of  independent 
contractor  for  municipality  for  in- 
juries  to   horse.     1914C-254. 

— street  improvement  work,  municipal  lia- 
bility for  injuries.  16-433;  1914A- 
71. 

Infant  stealing  ride  on  vehicle,  liability 
for  injuries   resulting.     1917D-379. 

Innkeepers,  assault  on  guest  by  employee 
or  other  person,  liability  of  inn- 
keeper.    8-688. 

— condition    of    inn    premises,   liability    of 

innkeeper    to    guest.     15-925;    1912 A- 

1210. 
— fire     injuring     guest,    liability.     1917A- 

143. 
— guest's    acts,   liability    of    innkeeper    to 

third  person.     19-219. 

— insult  or  indignity  to  guest,  liability. 
1918E-255. 

Insurance  agent,  collection  of  premium,  lia- 
bility  of   agent   to   company  for   fail- 
ure to  collect.     19]fiD-651.        ' 
Index  to  Notes — 39 


NEGLIGENCE— Continued. 

— failure  to  cancel  or  reduce  policy  as 
directed,  liability.     1918C-1043. 

— issuance  of  policy  by  agent  in  violation 
of  instruction,  liability  of  agent. 
1917B-493. 

Irrigation,  liability  of  owner  of  ditch  for 
damages  arising  from  its  construction 
and  maintenance.  13-267;  1916D- 
981. 

Jails,  liability  of  municipal  corporation  for 
unsafe  or  unhealthy  condition.  4-516; 
12-797;   1913B-1280;   1915D-153. 

Kerosene  used  for  kindling  fire  as  negli- 
gence.    1912A-630. 

Landlord  and  tenant,  ceiling,  liability  of 
landlord  to  tenant  for  injuries  caused 
by  fall  of  ceiling.     19130-973. 

— defects  in  premises,  landlord's  liability 
to  third  person  as  affected  by  his 
agreement  to  repair.  2-466;  12-49; 
1915B-165;  19160-818. 

— negligent  use  of  waterworks  by  one 
tenant  as  creating  liability  to  an- 
other.    18-533. 

— passageway  common  to  tenants,  duty  of 

landlord     to     light.     14-764;     19-667; 

1914D-592;   1917E-596. 
— repairs    voluntarily    made    by    landlord, 

liability    as    for    negligence.     1915D- 

827. 
— water  brought   on  premises,  liability  of 

landlord  to  tenant  for  injuries  caused. 

10-257;   1913D-811. 

Life  estates,  injury  to  both  estate  and 
inheritance,  ^ight  of  life  tenant  to 
recover  damages.     19160-881. 

Mail-crane  located  near  railroad  track  aa 
actionable  negligence.  9-1002;  1916E- 
717. 

Master  and  servant,  liability  for  negli- 
gence.    See  Master  and  Servant. 

Mines,  falling  of  roof  of  mine,  liability 
of  mine  owner  to  servant  for  injuries 
caused.     1912B-577. 

— flooding  mine,  liability  for.     19140-458. 

— premature  explosion,  liability  of  mine 
owner  to  servant  for  injuries.  1913C- 
594. 

— unguarded  excavation,  liability  of  mine 
owner  or  operator  for  injuries  result- 
ing.    1916E-484. 

— water,  oil  or  the  like  pumped  from 
mine    flowing    on    to    adjoining    land, 


610    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


NEGLIGENCE— Continued. 

liability    of    mine    owner    for    injury 
caused.     1914r)-70. 

Mobs,  liability  of  municipality  for  dam- 
age caused  as  dependent  on  notice  to 
authorities.     8-465;    1916A-326. 

Motorcycle  operation,  liability  for  negli- 
gence.    1917A-221. 

Municipal  corporation,  bridges,  liability 
for  manner  of  maintenance  and  oper- 
ation.    15-S33. 

— cleaning  streets  or  removal  of  garbage, 
ashes,  or  other  refuse,  liability  of  mu- 
nicipality for  tort  committed.  1916C— 
242;    1918D-834. 

— electric  light  plant  of  municipality,  lia- 
bility for  negligent  operation.  9-851; 
1912B-817;    1915D-753. 

— hospitals,  pesthouses  and  almshouses, 
liability  of  municipality,  in  respect  to 
condition  of  or  performance  of  ser- 
vices imcident  to  such  institutions. 
4-624. 

— parks  and  public  squares,  municipal  lia- 
bility for  negligence  in  maintenance. 
1915C-255;    1916E-900. 

— repairing  public  highway,  liability  for 
injury  caused  by  negligence  of  town 
officer.     1914A-558. 

— sewers,  defective  construction,  as  impos- 
ing municipal  liability  for  resulting 
injuries.     4-1089;  14-175. 

— unsafe  condition  of  building  maintained 
for  public  use  or  amusement,  liability 
of    municipality.     7-1042;    1918D-115. 

— waterworks,  liability  for  negligence  in 
construction  or  operation.  14:-1010; 
1912A-220. 

Owners  of  land,  changing  condition  of 
premises,  duty  of  land  owner  to  li- 
censee with  respect  to.     1915D-326. 

— dangerous  machinery  on  premises,  lia- 
bility of  land  owner  for  injury  to  in- 
fant  licensee    or   invitee.     1913A-115. 

— dangerous  premises,  duty  of  owner  to 
invitee  temporarily  following  own 
purposes.     17-591. 

— dangerous  substances  on  premises,  lia- 
bility of  owner  for  injury  to  trespass- 
ing children.     5-503. 

— excavation  on  land,  liability  of  owner 
to  adult  licensee  who  falls  into. 
19I3C-750. 

— ^inspection  of  premises,  liability  of 
owner  to  prospective  tenant  or  pur- 
chaser,    or    member    of    his    family. 


NEGLIGENCE— Continued. 

visiting  premises  for  purpose.  1916A- 
9S8. 

— licensees  or  invitees  on  premises,  duty 
of  owner.     1-209. 

— ^pond,  pool  or  well,  liability  of  land 
owner  for  injury  to  trespassing  child 
on  account  of  unguarded  condition. 
7-200. 

— search  of  employment,  liability  of 
owner  to  person  injured  on  premises 
while  so  engaged.     1914C-280. 

— selling  goods  on  dangerous  premises, 
liability  of  owner  to  invitee  going 
thereon   for   purpose.     19—425. 

— third  person's  act  committed  on  prem- 
ises, liability  of  owner  or  occupant. 
1914D-91. 

— transfer  of  premises,  liability  of  former 
owner  when  injury  due  to  his  negli- 
gence   during    ownership.     1912D-577. 

Partnership,  liability  to  individual  part- 
ner for  loss  suffered  bj-  him  tlirough 
negligence    of    firm.     1912C-865. 

Personal  injuries,  assignability  of  right  of 
action.     6-444. 

— survival  of  action  after  death  of  person 
injured.     1914D-359. 

— validity  of  statute  providing  for  sur- 
vival of  action  after  death  of  person. 
1917E-1171. 

Physician  or  surgeon  employed  by  rail- 
road or  steamship  company,  liability 
of  company  for  negligence.  1912B- 
935. 

— excessive  verdict  for   malpractice,  what 

is.     1916C-1078. 
— failure   of  surgeon  to  make  test  before 

operation       as       malpractice.     1918A- 

883. 
— indemnity  insurance  against  liability  of 

physician      for      malpractice.     191 6E- 

1159. 
• — partnership,   liability   of   firm    of   which 

physician    is    partner    for    his    negli- 
gence.    16-353. 
— specialist,    degree    of    care    required    of 

physician   or   surgeon    assuming  to  be 

specialist.     1915D-1124. 
—veterinary    surgeon   in    treating    animal, 

liability.     1912A-481. 
— wrong    diagnosis,   liability   for   malprac- 
tice in  making.     1917D-708. 
— rX-rays,  liabilitv  of  surgeon  for  injuries 

caused    by    use.     1912C-1124;     191SE- 

258. 


NEGLIGENCE. 


611 


NEGLIGENCE — Continued. 

Pilots,  liability  for  negligence.     13-949. 

Poisons,  contributory  negligence  of  in- 
jured person,  his  agents  or  servants, 
as  bar  to  action  for  sale  of  poison  by 
mistake.     8-896. 

Prisons,  liability  of  prison  officer  to  con- 
vict for  tort.     1915D-964. 

Public  officer,  action  against  public  officer 
for  negligent  performance  of  official 
duty,  contributory  negligence  as  de- 
fense.    20-1309. 

— injuries  caused  person  by  defective 
condition  of  street  or  highway,  per- 
sonal  liability   of   officer.     1917D-939. 

— neglect  of  duty  as  affecting  right  to 
salary.     1018B-435,    452. 

— public  administrator,  personal  liability 
for  injury  to  property  administered. 
191SB-1072. 

— state's  liability  for  torts  of  public  offi- 
cer.    1913E-1038;    1918D-916. 

Railroads,  negligence  with  respect  to 
operation.     See  Railroads. 

Receivers,  negligence  of  receiver  as  for- 
feiting right  to  compensation. 
191oD-1256. 

Recording  officer,  negligence  in  indexing 
record,  liability  to  person  injured  for 
failure  to  index  or  error  in  indexing 
record.     20-487. 

Release  and  discharge,  avoidance  of  re- 
lease of  claim  for  personal  injuries 
on  account  of  misstatements  of  physi- 
cian as  to  nature  of  injuries.  20- 
750;   1918A-358. 

Reservoirs,  want  of  care  as  creating  lia- 
bility for  damages  by  escaping  water. 
5-682. 

Restaurants,  liability  as  for  negligence 
of  proprietor  of  restaurant  or  lunch- 
room to  person  injured  by  eating 
therein.     1914B-885;     1916D-921. 

Savings  banks,  liability  for  wrong  pay- 
ment.    1-100. 

Scaffolds,  liability  of  owner  of  building 
for  injury  to  pedestrian  resulting 
from  erection  of  scaffold  for  repair- 
ing or  painting  building.     1916C-12o. 

School  board  or  municipal  corporation, 
liability  for  defective  condition  of 
public  school  premises.  3-884;  lU- 
406;   1917D-797. 


NEGLIGENCE— Continued. 

— teacher's  negligence  toward  pupil,  lia- 
bility of  public  school  district  or  cor- 
poration.    1912A-337. 

Ships  and  shipping,  failure  to  hear  fog 
signal  as  evidence  of  negligence. 
13-^49;   18-528. 

Soldier  or  militiaman,  civil  liability  for 
injury  to  person  or  property.     1917C- 


Steam,  liability  for  injuries  from  genera- 
tion or  use  of  steam.     1915D-850,  862. 

Stores,  crowd  in  department  store,  lia- 
bility of  proprietor,  injuries  caused. 
18-42. 

— elevator  shaft,  liability  of  proprietor 
for  injury  to  customer  falling  into 
unguarded  shaft.     1918E-319. 

— opening  into  storeroom,  liability  of  pro- 
prietor for  injuries  sustained  by  fall- 
ing into.     1913C-568. 

— slippery  condition  of  floor,  liability  of 
owner  of  store  for  injuries  caused 
to    customer.     1914A-133. 

— stairways,  liability  of  store  proprietor 
to  customer  for  failure  to  keep  in 
safe  condition.     1912D-141. 

Street  railways,  alighting  from  street- 
car and  passing  to  rear  of  it  across 
parallel  track  without  looking  for 
approaching  car  as  contributory  negli- 
gence on  part  of  passenger.  6-705; 
12-912;  1916E-998. 

— anticipation  of  person's  attempt  to 
cross  street  railway  track,  duty  of 
car  driver.     1915A-216. 

— collision  at  railroad  crossing,  liability 
of  street  railway  for  injury  to  pas- 
senger.    1913E-179;    1918C-47. 

— electricity  communicated  from  track 
(not  third  rail),  liability  of  street 
railway  for  injury  caused.  1915B.- 
708. 

— fire  apparatus,  care  required  of  driver 
of  street-car  to  avoid  collision. 
1918A-290. 

— last  clear  chance  doctrine,  application 
to  collision  between  street-ear  and 
automobile.     1916E-515. 

— operation  of  cars  in  violation  of  ordi- 
nance as  negligence  per  se.  9-84U; 
1913E-1100. 

— pedestrian  crossing  street  railway  track 
who  fails  to  stop,  look  and  listen. 
3-334;  1915B-690. 


612     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


NEGLIGENCE— Continued. 

— rounding  curve,  liability  for  injuries 
caused  by  striking  pedestrian.  1916E- 
679. 

— sounding  gong  or  bell,  duty  of  street 
railway  to  give  notice  of  approach 
of  car   thereby.     20-152. 

— walking  on  street  railway  track  as  con- 
stituting contributory  negligence.  10- 
947. 

— wrongfully  riding  on  car  by  permission 
or  direction  of  employee,  liability  of 
company  to  such  person  for  negli- 
gence.     1917C-361. 

Streets  and  highways,  abutting  owner's 
obstruction  of  street  in  violation  of 
ordinance    as   negligence.      1912A-795. 

— ^banana  peel  on  sidewalk,  municipal  lia- 
bility for  injuries  caused.     1918E-178. 

— building  materials  in  street  causing  in- 
jury, liability  of  owner.  2-503;  10- 
918. 

— closed  to  travel,  right  to  damages  of 
one  injured  while  using  street. 
1912B-957. 

— coal-hole  in  sidewalk,  legal  liability  for 
injuries  sustained  by  pedestrian.  19- 
466;    1917D-494. 

— concurring  causes,  defective  highway 
and  runaway  horse,  liability  of  city 
or  town  for  injuries.    ^2-180;    11-512. 

— defect  in  highway  of  which  municipal- 
ity has  actual  notice  as  affecting  lia- 
bility for  injuries.     191SB-384. 

— diversion  of  traveler's  attention  from 
defect  or  obstruction  in  highway  as 
affecting  recovery  for  injuries  sus- 
tained.    16-969;    1916B-1009. 

— exemption  from  liability  for  negligence 
in  respect  to  condition  of  streets  and 
highways,  validity  of  statute  reliev- 
ing municipality.  18-289;  1913D- 
1309. 

— exoneration  between  municipality  and 
abutting  owner  as  to  damages  paid 
on  account  of  unsafe  highway.  7- 
945;   14-1047;   1918C-1144. 

— ^felling  tree  growing  on  highway,  lia- 
bility of  municipality  for  injuries 
caused.     16-837;    1913A-788. 

— fire  apparatus  given  right  of  way  on 
streets  as  exempting  fireman  injured 
by  collision  from  contributory  negli- 
gence.    8-984. 

— grading  streets,  negligent  or  unlawful 
acts,  liability  of  municipality.  1915C- 
1292. 


NEGLIGENCE— Continued. 

— improper  use  of  street  expressly  per- 
mitted, liability  of  municipality  for 
injury  due  to.  9-828;  21-469;  1918C- 
364. 

— law  of  road  as  applicable  to  one  using 
highway   for   play.      1917C-454. 

— obstruction  of  highway  under  statutory 
or  municipal  authority,  liability  of 
person  as  for  negligence.  1917A- 
1003. 

— pedestrians  and  vehicles  using  high- 
way, relative  rights  and  duties.  4- 
398;   1914A-250. 

— playing  on  streets,  liability  of  munici- 
pality for  injury  caused  by  defective 
highway  when  sustained  by  one  using 
it  for  play.     4-250;  19-973. 

— traction  engine,  liability  resulting  from 
use  on  highway.     1917E-798. 

— traveler  having  knowledge  of  defect  in 
highway,  duty  to  take  different  route. 
6-32. 

— tree  growing  on  highway,  liability  of 
municipality  for  injuries  caused  by 
its  falling.     16-835;   1913A-787. 

— vehicle  negligently  operated  in  street, 
liability    of   city.      1914B-342. 

— working  in  street,  duty  and  liability  of 
driver  of  vehicle.     1912A-848. 

Suretyship,  bail's  negligence  as  releasing 
surety  on  bond  to  indemnify  bail. 
191311-455. 

— creditor's  negligence  in  enforcing  col- 
lateral security  as  discharging  surety. 
1912D-115;   1915C-371. 

— failure  of  creditor  to  file  claim  against 
principal's  estate  as  releasing  surety. 
1912D-811. 

Telephone  company,  liability  with  respect 
to  public  pay  station.     1915D-1G87. 

— negligence  in  making  connection  for 
subscriber,  liability.  18-1070;  1914B- 
782. 

Telegraph  companies,  disclosure  of  con- 
tents of  message,  liability  of  com- 
pany.     1916C-727. 

— notice  to  sender  of  delay  in  trans 
mission  or  delivery  of  message,  duty 
of  company.     1917C-545. 

— refusal  to  accept  message  for  trans- 
mission, liability  of  company.  1916D- 
467. 

— state  statute  penalizing  negligent 
handling  of  telegrams,  as  regulation 
of  interstate   commerce.     1918C-1039. 


NEGLIGENT  MANSLAUGHTER— NEGROES. 


613 


NEGLIGENCE— Continued. 

Tenants  in  common,  right  of  one  to  sue 
for  damages  for  injury  to  premises. 
1918A-608. 

Theaters  and  amusements,  injury  to 
patrons  of  exhibitions  and  places  of 
amusement,  liability  of  owner.  5- 
926;  15-517;  1915B-546;  1917D-930, 
933;   1918E-1073. 

— liability  of  organizer  or  promoter  of 
public  entertainment  not  given  for 
profit  for  personal  injuries.  1917E- 
238. 

Toy  pistol  sold  to  child,  liability  of  seller 
in  damages  for  injuries  resulting. 
1913C-804. 

Trustee  in  corporate  mortgage,  liability 
to  bondholders  for  negligence. 
1915A-239. 

Vehicles,  injury  to  person  riding  in 
private  vehicle  as  guest,  liability  of 
owner.      1915D-345. 

Waters  and  watercourses,  municipal  lia- 
bility for  injury  resulting  from  ob- 
struction of  navigable  water  within 
its   borders.      1915C-117. 

— obstructions,  duty  of  one  obstructing 
natural  watercourse  to  anticipate  ex- 
traordinary freshets  and  floods.  8— 
777;    1918A-1114. 

— using  stream  to  float  timber,  liability 
for  resulting  injuries  to  riparian 
owner.     10-235;    1918A-732. 

Waterworks  and  water  companies,  impure 
water  furnished  to  consumers,  lia- 
bility of  company.  1915C-686; 
1918D-860. 

— municipal  liability  for  negligence  in 
construction  or  operation,  14-1010; 
1912A-220. 

— underground  pipes,  liability  for  injuries 
caused  by.     1916C-1050. 

Wharves,  docks  or  piers,  injuries  to  per- 
sons on  or  about.  1916C-139,  164, 
167,    170. 

Workmen's  compensation,  negligence  of 
workman  as  affecting  right  of  re- 
covery for  accident  arising  out  of 
and  in  course  of  his  employment. 
1913C-17;  1914B-502;  1916B-1310; 
1918B-809. 

X-rays,  liability  of  physician  to  patient 
for  negligence  in  use.  1912C-I124j 
1916B-341. 


NEGLIGENT  MANSLAUGHTER. 

See  Homicide. 

NEGOTIABILITY. 

See  Bills  and  Notes;  Bonds;  Checks; 
Eeceivers'  Certificates;  Warehouse 
Seceipts. 

NEGOTIABLE  INSTRUMENTS. 

See  Bills  and  Notes;  Checks. 

NEGOTIABLE  INSTRUMENTS 
ACT. 

See  Bills  and  Notes. 


NEGROES. 

Carriers  of  passengers,  duty  of  carrier  by 
water  with  respect  to  accommoda- 
tions furnished  colored  passengers. 
20-1018. 

^regulation  of  carrier  separating  races, 
validity.     20-982. 

— separate  coaches  in  railway  trains,  right 
of  passenger  to  damages  for  being 
compelled  to  ride  in  car  designed  for 
persons  of  another  color  or  race. 
1913E-520. 

•^statute  requiring  separation  of  races  as 
applicable  to  interstate  passengers. 
1915B-617. 

— validity  of  statute  or  ordinance  pro- 
viding for  separation  of  white  and 
colored  passengers.     7-274. 

"Colored,"  meaning  as  applied  to  person. 
1912D-457. 

Discrimination  in  laws  and  local  prejudice 
as  grounds  of  removal  of  cause  from 
state  to  federal  courts.     5-704. 

Evidence  admissible  to  show  race  to 
which    person    belongs.      1914A-461. 

Injunction  against  owner  of  realty  from 
selling  or  offering  to  sell  realty  to 
colored   persons.      1914B-826. 

Libel  or  slander  in  charging  white  person 
as  negro.  4-689;  1913B-1156;  1915C- 
927. 

"Negro,"  meaning  of  term.     20-1307. 

Schools,  separation  of  white  and  colored 
pupils  for  purpose  of  education.  13- 
342;    1916C-806. 

Theaters  and  amusements,  right  of  ad- 
mission  to   places   of   amusement.     5- 

348. 


614    INDEX  TO  THE  NQTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


NEIGHBORS. 

Subterranean  waters  supplying  neighbor's 
well  or  spring,  right  of  land  owner  to 
sink  well  and  intercept.     10-846. 

Waste  of  percolating  waters,  right  of  owner 
of  land  to  waste  to  injury  of  neighbor. 
4-357. 


NEW  PROMISE. 

See   Bankruptcy;    Limitation   of  Actions. 

NEWSBOYS. 

Liability  of  carrier  of  passengers  for  in- 
juries on  trains  or  street-cars.     7-528. 


NEPHEWS. 

Grandnephew     as    included    under     term. 
1913E-589. 


NEPOTISM. 

Validity  and  construction  of  anti-nepotism 
law.     1917D-735. 


NERVOUS  SYSTEM. 

Injuries  and  shocks  to,  exeessiveness  and 
inadequacy  of  verdict.  16-47;  1913A- 
1381;  1916B-431,  457. 


NET  EARNINGS. 

Earning  capacity  of  railroad  as  element 
in  valuation  for  purpose  of  taxation. 
1916E-1182. 

Fair  return  on  investment  as  basis  of  rea- 
sonableness of  freight  rates.  1913B- 
774. 


NETS. 

Summary     destruction     of     fishing     nets, 
validity  of  statutes.     1-950. 


NEUTRALS. 

Courts  as  open  to  pleas  of  alien  enemies. 
1917C-210. 

Libel  and  slander,  charge  of  attempting 
to  supply  munitions  of  war  to  foreign 
belligerent  as  actionable.  1915C- 
768. 

Prizes  of  war,  right  to  bring  into  neutral 
ports.     1917D-^48. 

Requisition  of  goods  of  neutral,  right  of 
belligerent    power.      1916E-245. 

NEWLY    DISCOVERED    EVI- 
DENCE. 

See  Bills  of  Review;  Criminal  Law;  New 
Trial. 


NEWSPAPERS. 

Constitutional  liberty  of  press.     15-3. 
—publication  of  matters  without  scope  of 
constitutional   protection.      15-9. 

Contempt,  disclaimer  of  intent  as  defense 

to  charge   of  contempt  by  newspaper 

publication.     13-503. 
— liability    for    publication     of     evidence 

taken   "in      suit     heard     in      camera. 

1912B-542. 
— pendency  of  cause  as  essential  element 

of   contempt   by   publication    of   legal 

proceedings.     3-763;    18-664. 
— truth   of   publication  as   justification   or 

defense  of  charge.     10-692. 

Criminal  law,  prejudicial  publication  as 
ground  for  continuance  of  criminal 
case.     1918A-449. 

Criminal  execution,  validity  of  statute 
prohibiting  publication  of  report. 
10-353. 

"Daily,"  what  constitutes.     16-421. 

Editorial  comment,  validity  of  contract 
to  purchase.     15-42. 

Evidence  of  prejudice  ;against  accused 
entitling  him  to  change  of  venue, 
weight   of   articles.      18-789. 

Jurors  reading  newspapers  during  trial  as 
ground  for  setting  aside  verdict.  6- 
352;    12-180;    1915C-962;    1918B-929. 

Language  in  which  publication  required 
by  statute  should  be  made.  14-420; 
1912B-632. 

Libel   and   slander,   cartoon   in   newspaper 

as  libel.     1917E-190. 
. — comment   on   matters   of   public   interest 

as     privileged     under     law     of     libel. 

1917B-417;   1918E-165. 
■ — communication  to  reporter  as  privileged 

from  disclosure.     1916C-705. 
•^editor's   or   manager's  liability  for   libel 

published   in   newspaper.     7-457. 
— head   lines   or  titles,   significance  in   de- 
termining whet^jer   article   is  libelous. 

13-375;    1914D-96. 


NEW  TRIAL. 


615 


NEWSPAPERS— Continued. 

■ — procuring  publication  of  libel  in  news- 
paper, liability.     1913D-13. 

Notice,  right  to  compel  particular  news- 
paper to  publish  notice  required  by 
law.     16-386. 

— sending  newspaper  containing  adver- 
tisement as  valid  service  of  notice. 
1912D-1000. 

— statement  published  in  newspaper  as 
«  notice  in  absence  of  statute.  1913D- 
224. 

Place  of  publication  of  newspaper. 
1913E-293. 

Publication    in    single    edition    of    news- . 
paper        as        sufficient       publication. 
1917E-994. 

"Trade,"  publishing  newspaper  as  trade. 
1916A-1201. 

What  constitutes  newspaper.  16-417; 
1913D-879. 


NEW  TRIAL. 

1.  Duty  and  Power  to  Grant. 

2.  Grounds  for  New  Trial. 

A.  Geneballt. 

B,  Newly  Discovered  Evidence, 

3.  Practice. 

1.    Duty  and  Power  to  Grant. 

Appellate  court,  power  to  grant  in  crimi- 
nal case  on  ground  of  newly  dis- 
covered  evidence.      19-508. 

Ejectment,  statutory  right  to  new  trial. 
1914C-735;   1916E-556. 

Equitable  relief  after  denial  of  applica- 
tion at  law,     21-1287. 

Justice  of  peace,  or  magistrate,  power  to 
reopen  criminal  case  decided  by  him. 
4-767, 

Libel  or  slander  action,  power  of  court 
to  set  aside  verdict  where  jury  vested 
with  power  to  determine  law  and 
facts,     1915D-1275. 

Number  that  may  be  granted,  construc- 
tion   of    statute   limiting.      1914B-292, 

— where  verdict  contrary  to  evidence,  2- 
763. 

Order  determining  motion  for  new  trial, 
power  of  court  to  open  or  vacate, 
1913B^85;    1917C-11.51. 


NEW  TRIAI*— Continued.^ 

Part  of  issues  only,  right  of  trial  court 
to  grant  new  trial  as  to.     1913B-365. 

Power  of  court  to  grant  new  trial  of  its 
own  motion.     14-65;   1914A-412, 

Successor  to  trial  judge,  authority  to  pass 
upon  motion.  '7-493;  10-327;  1914B- 
1235. 

Verdict  contrary  to  evidence,  duty  of 
court  to  set  aside,  2-762;  1912D- 
1226. 


2.    Grounds  for  New  Trial. 

^  A.    Generally. 

Attorneys,  conduct  of  counsel  in  getting 
inadmissible  element  before  jury  as 
ground.      6-224;    19-296;    1917A-441. 

— intoxication  of  attorney  as  ground. 
1913D-O00. 

— negligence  or  incompetence  of  attorney 
as   ground.     1913D-498. 

Benefit  of  exceptions  lost  from  causes  be- 
yond control  of  party,  right  to  new 
trial.     12-1056;    21-262, 

Criminal  cases,  demonstration  by  or  mis- 
conduct of  spectator  during  trial  as 
ground  for  new  trial.  12-645;  1915B- 
894. 

—discussion  by  jurors  of  former  convic- 
tion of  defendant,  or  submission  of 
record  thereof,  as  ground  for  new 
trial.     15-361, 

— separation  of  juror  temporarily  from 
fellows  on  account  of  illness  as 
ground  for  new   trial.     20-656, 

— time  when  court  may  grant  in  criminal 
case  on  ground  of  newly  discovered 
evidence,     9-1037. 

Custodian  of  jury,  communication  to  jury 
by  custodian  or  other  court  officer  as 
ground.     13-522. 

— presence  in  jury-room  as  ground.  8- 
652. 

Inadequacy  of  damages  in  personal  injury 
action  as  ground  for  setting  aside 
verdict.      8-903;    17-1073;    1914C-850. 

Incompetent  evidence,  admission  as  ground 
for  granting  by  trial  court.  1917D- 
545. 

Intimidation,  presence  of  persons  in 
courtroom  tending  to  overawe  or  in- 
fluence jury  as  ground.  1913E-80G; 
1915B-894. 


616    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


NEW  TBIAIi — Continued. 

Judges,  private  communication  by  trial 
judge  with  jury  during  deliberationa 
as   ground.      16-1141;    1917A-403. 

Jury,  disclosure  by  juror  before  verdict 
of  facts  respecting  verdict  or  state 
of  deliberations  as  ground.  1918E- 
668. 

—disqualification  of  juror  as  ground.  1- 
196;    12-922;    1913A-892. 

— experiment  by  jury  with  articles  intro- 
duced in  evidence  as  ground  for  set- 
ting aside  verdict.     1915B-744. 

— expression  of  opinion  or  prejudice  by 
juror  during  trial  as  ground.     16-175. 

—furnishing  refreshment  to  juror  by  suc- 
cessful  party   as   ground.      1912B-747. 

— information  as  to  facts  given  to  jury 
by  one  of  their  number  as  ground. 
4-274. 

— intoxicating  liquors,  use  by  jury  as 
ground.  10-889;  1912A-1322;  1916A- 
939. 

— ^juror  staying  at  home  of  attorney  of 
party  as  guest  as  ground.  1915A- 
1162. 

— misconduct  of  jury  as  matter  resting  in 
discretion  of  trial  court.  1912D- 
1018. 

— ^newspapers,  reading  of  newspapers  by 
jury  during  trial  as  ground  for  set- 
ting aside  verdict.  6-352;  12-180; 
1915C-962;    1918B-929. 

— objection  to  misconduct  of  juror  not 
made  until  after  verdict,  though  fact 
known  to  moving  party  before  that 
time,  as  affecting  right  to  new  trial. 
1912A-223. 

—papers  improperly  in  jury-room  as 
ground  for  setting  aside  verdict.  6- 
931;    1915C-924. 

— recreation  allowed  jury  during  trial  as 
ground.      14-534;    1918B-855. 

— separation  of  jury  as  raising  presump- 
tion of  prejudice.     1914A-737. 

Party's  misconduct  subsequent  to  verdict 
as  ground.     12-958. 

Verdict  contrary  to  erroneous  instruction, 
necessity  for  new  trial.     14-973. 

Witnesses,  failure  to  swear  witness  as 
ground   for    new   trial.      1912D-572. 

B.    Newly  Discovered  Evidence. 

Authority  of  trial  court  to  entertain  bill 
of   review   for   newly   discovered    evi- 


NEW  TRIAL— Continued. 

dence    after    decision    on    appeal.      5- 
944. 

Contradictory  statements  made  by  wit- 
ness, newly  discovered  evidence 
thereof  as  ground  for  new  trial. 
1912D-856. 

Cumulative  evidence,  what  is  within  rule 
excluding  it  when  offered  in  support 
of   motion.     1913D-157. 

Forgotten     facts    as    constituting    newly  , 
discovered  evidence.     17-317. 

Incompetency  of  witness  removed  since 
trial  as  within  ground.     17-1165. 

Nonexistent  evidence  when  trial  had  as 
affecting  right  to  new  trial  for  newly 
discovered   evidence.     1913E-147. 

S.    Practice. 

Affidavits  of  jurors  in  support  of  verdict, 
admissibility.     1913B-671. 

— others  than  witnesses  themselves,  ad- 
missibility to  show  newly  discovered 
evidence  on  application  for  new  trial 
on  such  ground.     14-423. 

Amendment  of  motion  for  new  trial. 
1917D-104. 

Appeal,  improper  grant  on  ground  as- 
signed as  sustainable  on  appeal  where 
it  appears  moving  party  was  entitled 
on  another  ground.     1913B-49d. 

Excessive  damages,  voluntary  remittitur 
as  justifying  denial  of  new  trial. 
2-675. 

Costs,  imposition  as  condition  of  grant- 
ing for  insufficiency  of  evidence. 
7-1S3;    20-41. 

— order  granting  new  trial  on  payment  of 
costs  as  making  costs  condition  prece- 
dent.    1912B-249. 

Counter-affidavits,  right  of  adverse  party 
to  introduce  on  motion  for  new  trial. 
1912D-1303. 

Filing  motion,  computation  of  time  for  fil- 
ing by  exclusion  or  inclusion  of  Sun- 
day  or  holiday.     1917E-939,   952. 

Improper  argument  of  counsel,  necessity 
of  motion  for  new  trial  in  order  to 
obtain  review.     1916A-559. 

Inconsistent  proceedings  with  motion  con- 
stituting waiver  of  right  to  move  for 
new   trial.     1914B-612. 

Limitation  of  issues,  right  of  appellate 
court  on  granting  new  trial.  7-116; 
1912D-593;    1917E-888. 


NEXT  FRTlilND— NOLLE  PROSEQUI. 


617 


NEW  TRIAL— Continued. 

Misconduct  of  jury,  obligation  of  party 
moving  to  set  aside  verdict  to  show 
absence  of  acquiescence  or  participa- 
tion.    7-420. 

Necessity  of  motion  in  order  to  obtain 
review  on  appeal  of  evidence  in  jury 
cases.     4-304. 

Satisfaction  of  judgment,  new  trial  there- 
after.    3-19. 


NEXT  FRIEND. 

Amendment  of  pleading  where  next 
friend  is  not  proper  party  to  prose- 
cute   suit.     1914A-947. 

Compromise  of  child's  cause  of  action, 
right  of  next  friend.     17-608. 

Costs,  requiring  security  where  next 
fr'end  is  not  proper  party  to  prose- 
cute  suit.     1914A-946. 

Court's  power  in  premises,  where  next 
friend  not  proper  party  to  prosecute 
suit.     1914A-943. 

Dismissal  of  suit  where  next  friend  is 
not  proper  party  to  prosecute  suit. 
1914A-946. 

Infant  attaining  majority  pending  action 
instituted  by  next  friend,  effect. 
1914A-604. 

Married  woman,  necessity  for  appoint- 
ment of  next  friend  in  action  by  in- 
fant married  woman.     9-1116. 

Staying  suit  where  next  friend  is  not 
proper  party  to  prosecute  suit. 
1914A-945. 


NEXT  GENERAL  ELEC- 
TION. 

Meaning  of  phrase  in  provision  fixing 
term   of  public  officer.     10-1140. 

NEXT  OF  KIN. 

Death  by  wrongful  act,  measure  of  dam- 
ages recoverable  by  collateral  next 
of  kin.     10-113. 

—release  by  widow  as  affecting  right  of 
action  by   next  of  kin.     6-12. 

Privileged  communications  of  decedent, 
right  of  next  of  kin  to  waive  privi- 
lege.    10-1118;    1913A-100. 


NEXT  OF  KIN— Continued. 

Wills,  admissibility  of  parol  evidence  to 
explain  "next  of  kin"  as  used 
therein.     1915B-50. 


NIECES. 


Grandniece      as      included 
"niece."     1913E-589. 


under     term 


NIGHT  WATCHMAN. 

Duty     and    liability     of    master.     1912C- 
1036. 

NITROGLYCERINE. 

Keeping  within  municipal  limits,  validity 
of    ordinance    regulating.     1918E-148. 
Storage  as  nuisance.     1916C-823. 


NODS. 

Fact  that  dying  declaration  is  made  by 
acts  or  signs  as  affecting  its  admis- 
sibility.    1912B-231. 


NOISE. 

Amusements,  noise  arising  from  exercise 
of  lawful  amusement  as  nuisance. 
1912B-430. 

Business,  noise  arising  from  exercise  of 
lawful  business  as  nuisance.  4-3S; 
19-993  J  1915B-1059. 

Horses  frightened  by  noise  of  train  or 
cars,  liability  of  railroad  company  for 
personal  injury  caused.  3-1070;  10- 
302;    1913B-294. 

—liability  for  frightening  horse  on  high- 
way by  noise  created  in  use  of  own 
premises.     1912C-461. 

Nuisance  arising  from  noise,  running  of 
statute  of  limitations  against  action 
for  damages.     10-186. 


NOLLE  PROSEQUI. 

Entry  as  termination  of  proceeding  suffi- 
cient to  support  action  for  malicioua 
prosecution.     1915D-1164. 

Prosecuting  attorney,  right  to  enter  nolle 
prosequi  without  consent  of  court. 
191oD-1004. 


618    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918B. 


NOLO  CONTENDERE. 

Plea  of  nolo  contendere.     1915B-1243. 

NOMINAL  DAMAGES. 

See   Damages. 

NOMINAL  HOLDER. 

Bight  of  action  thereon  of  nominal 
holder  of  bill  or  note.  1-833;  1917A- 
490. 

NOMINATIONS. 

Elections,  certificates  of  nomination,  filing 
thereof.     18-252;    1914A-1135. 

— court  interference  with  nominations. 
21-296. 

— irregular  or  fraudulent  nomination  as 
invalidating  election.     7-839. 

— signature  by  one  person  of  more  than 
one  certificate  of  nomination  for 
same   office,   effect.     1914C-893. 

Executors  and  administrators,  right  of 
person  entitled  to  administer  to  nom- 
inate administrator  to  exclusion  of 
person  next  entitled.     19I4A-1014. 

NONACCESS. 

Admissibility  of  testimony  of  married 
woman  to  prove  nonaccess  of  hus- 
band.    15-764;    1917A-1031. 


NONASSESSABLE    STOCK. 

Validity  of  agreement  therefor  between 
corporation  and  stockholder  therefor, 
1915A-821. 


NONCLAIM. 

Claim  paid  to  creditor  which  is  barred  by 
statute  of  nonclaim,  right  to  recover 
from  creditor.     1915B-260. 

Exceptions  to  and  interruptions  of  stat- 
utes  of  nonclaim.     3-576;   1916A-589. 

Institution  of  suit  as  sufficient  presenta- 
tion of  claim  against  decedent's  es- 
tate to  remove  bar  of  nonclaim.  14- 
931. 


NONEXPERTS. 

See  Opinion  Evidence. 

Drugs,  admissibility  of  nonexpert  opinion 
as  to  whether  person  was  under  in- 
fluence.    1913B-108. 

Handwriting  of  mere  correspondent,  com- 
petency of  nonexpert  to  testify  to. 
8-1035. 

Intoxication,  admissibility  of  nonexpert 
testimony  to  prove.  10-788;  1917C- 
628. 

Measurements  taken  by  nonexpert,  ad- 
missibility  in    evidence.     18-1175. 

Speed  of  railroad  train  or  street-car,  com- 
petency of  monexpert  to  testify. 
1913A-187. 


NONFEASANCE. 

Corporations,  liability  to  indictment  for 
nonfeasance.     5-413. 

— officers,  criminal  liability  for  corpora- 
tion's acts  of  nonfeasance.     8-3S3. 


NONINTOXICATING 
LIQUORS. 

Constitutionality  of  statute  declaring  bev- 
erage intoxicating  irrespective  of  its 
actual    character.     8-52. 

License  tax  on  business  of  selling,  valid- 
ity of  statute  or  ordinance  imposing. 
1914C-841. 

Eegulation  of  alcoholic,  spirituous,  malt 
or  vinous  as  including  or  excluding 
nonintoxicating    liquors.     1917A-94. 


NONJUDICIAL  DAYS. 

Validity   of   judicial   acts   performed.    5- 
920. 


NON  OBSTANTE 
VEREDICTO. 

Federal   court,   power   to    enter   judgment 

non    obstante    veredicto.     1914D-1053. 
^  f 

Motion    for    judgment    non    obstante    as 

waiver    of    right    to    move    for    new 

trial.     1914B-614. 

—power  of  court  to   go  beyond  pleadings 
in   disposing  of  motion.     1913A-1023. 


NONOCCUPATIONAL  DISEASES— NONRESIDENTS. 


619 


NONOCCUPATIONAL 

DISEASES. 

Workmen's  compensation,  accident,  non- 
occupational   disease    aa.     1918B-325. 

— "injury"  or  "personal  injury,"  non- 
occupational disease  as  constituting. 
1918B-362. 


NONPARTISAN  BALLOT 
LAW. 

Validity  of  statute.     1915C-504. 

NONRESIDENTS. 

Alimony,  liability  of  nonresident  to  de- 
cree in  absence  of  personal  service. 
2-820. 

Attachment,  foreign  corporation,  shares 
of  nonresident  as  subject  to  attach- 
ment.    1915A-570. 

— nonresidents*  shares  in  corporation  as 
subject  to  attachment  at  location  of 
latter.     1912D-954. 

— right  to  issue  against  foreign  corpora- 
tion on  ground  of  nonresidence. 
1916E-562. 

Attorneys,  power  to  tax  nonresident  at- 
torney.    1912A-602. 

Automobiles,  validity  of  inclusion  or  ex- 
clusion of  nonresidents  in  statute 
regulating  use.     1917E-324. 

Bastardy  proceedings,  right  of  nonresi- 
dent mother  to  maintain.     18'-574. 

C  ompromise  of  nonresident's  cause  of  ac- 
tion, right  oJE  attorney  to  compromise. 
21-583. 

Costs,  personal  liability  of  attorney  for 
costs    against    nonresident.     21-879. 

Death  by  wrongful  act,  right  of  nonresi- 
dent alien  to  maintain  action.  2-682; 
9-1180. 

Divorce  upon  cross-petition  of  nonresident 
defendant,  jurisdiction  of  court  to 
grant.     9-1200. 

Execution,  right  of  nonresident  to  claim 
exemption  in  absence  of  express  re- 
striction in  statute.     10-500. 

Executors  or  administrators,  right  of  noa- 
resident  to  act  as.  3-988;  1912A- 
747;   1913B-1165. 


NONRESIDENTS— ConCinued. 

Fishing  privileges  in  waters  of  domestic 
state,  right  to  exclude  nonresident. 
16-200. 

(Jarnishment,  liability  of  individual  non- 
resident.    3-1088. 

— exemption,  right  of  nonresident  to 
claim  in  absence  of  express  restric- 
tion   in    statute.     10-500. 

Hawkers  and  peddlers,  discrimination 
against  nonresidents,  validity.  191SE- 
114. 

Hunting  license,  validity  of  statute  requir- 
ing higher  fee  from  nonresident  than 
paid  by  residents.     1918A-145. 

Inheritance  tax,  real  property  of  nonresi- 
dent as  subject  to  law  of  its  situs. 
1915A-171. 

Limitation  of  actions,  exception  of  stat- 
ute as  to  absence  from  state  as  appli- 
cable to  nonresidence  at  time  of  ac- 
crual of  action.     1912D-469. 

Process,  constructive  service  on  nonresi- 
dent, validity  of  statute  providing. 
1914D-677. 

— exemption  of  nonresident  from  service 
with  civil  process  when  within  state 
as  witness  or  party  in  civil  or  criminal 
proceedings.  6-337;  18-127;  1915D- 
985. 

— partnership,  service  of  process  on  agent 
of  nonresident  partnership,  validity 
of  statute  providing.     1916D-813. 

— personal  service  of  process  procured  by 
fraud    or   force,    validity.     1916C-612. 

Eeceivers,  nonresident  creditors,  rights  of 
foreign  receiver  as  against.     5-572. 

— privileges  accorded  by  comit}'  to  for- 
eign receivers.  5-570;  1913D-1296; 
1916A-97. 

Setoff,  equitable  setoff  as  allowable  on 
ground  of  nonresidence.  6-720;  19- 
1042. 

Soliciting  orders  for  intoxicating  liquors, 
by  nonresident,  state  regulation  as 
interference  with  interstate  com- 
merce.    10-736. 

Suits  in  domestic  forum  by  nonresidents 
against    foreign    corporations.     2-210. 

Surety  on  bond  required  in  judicial  pro- 
ceedings, sufficiency  of  nonresident  in 
absence  of  regulating  statute.  1912C- 
511. 


620    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


NONEESIDENTS— Continued. 

Taxation,  classification  of  nonresidents 
for  tax  purposes.     1-639. 

— evidences  of  debt  belonging  to  non- 
resident, right  of  state  to  tax.  11- 
739. 

—personal  liability  of  nonresident  for 
taxes  on  property  witiiin  jurisdiction. 
1913D-342. 

•—tangible  personalty  of  nonresident  tem- 
porarily in  state,  when  taxable  as  not 
being  in  transit.     10-65. 

Usages  and  customs,  nonresident  as  bound 
by  local  custom  or  usage.     19-945. 

— mileage  from  residence  to  place  of 
trial,  right  of  nonresident  witness. 
7-163. 

^right  to  mileage  and  per  diem  of  wit- 
ness who  is  nonresident  of  county 
where    trial    is    had.    •10-397. 

"Witnesses,  depositions  of  nonresidents  in 
criminal   cases.     1916A-1083,   1102. 

Workmen's  compensation,  right  of  non- 
resident to  recover  under  act. 
1912D-862;   1918B-634. 

NONSUIT. 

See  Dismissal  and  Nonsuit. 


NONSUPPORT. 

Criminal  prosecution  for  failure  to  sup- 
port wife  as  barred  by  separation 
agreement.     1912D-1096. 

Cruel  and  unusual  punishment  for  non- 
support  of  wife,  what  constitutes. 
1918B-399. 

Divorce,  nonsupport  of  wife  having  sepa- 
rate property  or  income  as  ground  for 
divorce.     1916A-856. 

—wife  forced  to  leave  home  because  of 
nonsupport  as  ground  for  divorce. 
21-283. 

Infant's  criminal  liability  for  nonsupport 
of  wife.     1914D-590. 

Validity  of  statute  making  it  crime  for 
husband  to  fail  to  support  wife. 
1912B-280. 


NONTRADINa  PARTNER- 
SHIP. 

Distinction     between     trading     and     non- 
trading    partnerships.     1916A-206. 


NONTRANSFERABLE 
TICKETS. 

Injunction     against    buying    and    selling. 
12-700;   1913B-475. 


NONUSER. 

Abandonment  of  railroad  right  of  way  as 
established  by  nonuser.     11-769. 

Eeligious  societies,  termination  of  exist- 
ence or  dissolution  by  nonuser. 
1918D-1057. 

Easements,  forfeiture  of  easement  of 
right  of  way  by  nonuse.     1917D-595. 


NORMALITY. 

Presumption  that  individuals  are  normal. 
1913E-101. 


NORMAL  SCHOOLS. 

Establishment  as  within  general  power  of 
state  to  establish  schools.  1912B- 
1365. 

School  funds,  validity  of  expenditure  for 
maintenance  of  normal  school.  1917C- 
921. 

"What  is  normal   school.     1912B-1354. 


NORTHWEST  TERRITORY. 

Ordinance  of  1787,  effect  on  states  carved 
out  of  Northwest  Territory.  1915D- 
942. 


NOSE. 

Injury     to     nose,    adequacy    of    verdict. 
1916B-433. 


NOTARY  PUBLIC. 

Acknowledgments,  false  or  defective  cer- 
tificate,   liability    of    notary.     13-717. 

Attorney  acting  as  notary  or  scrivener  as 
constituting  communications  privi- 
leged.    1913A-14. 

Disqualification  to  take  affidavit  where 
notary  is  attorney  for  party  taking 
oath.     6-37. 

Fees  of  notary,  personal  liability  of  at- 
torney   for    party.     1917B-524. 


NOTHING  DUE— NOTICE. 


G21 


NOTABY  PUBLIC— Continued. 

Foreign,  authentication  of  affidavits  "be- 
fore  notary   public.     1-544. 

Notary  as   municipal   officer.     1914D-1234. 

Seals,  effect  of  failure  of  officer  to  attach 
seal  to  document  as  required  by  law. 
1914C-758. 

Stockholder  or  officer  of  corporation  in- 
terested in  instrument  as  disqualified 
to  take  acknowledgment  thereof. 
16-140;  1913D-373. 

Women,  right  of  woman  to  be  notary 
public.     6-285;    1917D-534. 

— validity  in  foreign  jurisdiction  of  ac- 
knowledgment before  woman  notary. 
1914C-204. 


NOTHING  DUE. 

Legal  meaning  of  phrase.     1918E-791. 


NOTICE. 


1.  In  General. 

A.  Genekallt. 

B.  Necessity. 

C.  Sufficiency. 

D.  Effect. 

E.  Lack  op  Notici. 

2.  CJonstructive  Notice. 

3.  Imputed  Notice. 

4.  Rights  in  Real  Property. 

See     Judicial     Notice;      Landlord     and 
Tenant. 


1.    In  General. 

A.    Generally. 

Agent  or  employee,  knowledge  of  matters 
coming  to  knowledge  before  entering, 
or  outside  of  scope  of,  employment, 
duty  to  disclose  to  principal  or  mas- 
ter.    1913E-819. 

Animals,  diseased  condition,  knowledge  by 
owner  of  as  necessary  to  liability  for 
communication  of  disease  by  them. 
15-1002,   1004,  1006. 

— viciousness  of  dog,  knowledge  of  owner 
as  to  in  action  for  personal  injuries. 
4-127;    20-72. 

Assignments,  priority  of  assignees  as  de- 
pendent on  notice  to  debtor.     17-442. 


NOTICE— Continued. 

Attorneys,  privileged  communications, 
knowledge  of  facts  by  an  attorney 
not  derived  from  client,  but  in  course 
of  employment  as  privileged.  1913A- 
22. 

Bankruptcy,  knowledge  of  agent  of  credi- 
tor of  bankruptcy  proceedings  as  af- 
fecting liability  of  discharged  bank- 
rupt on  claim  omitted  from  schedule 
of  debts.     1912A-549. 

Banks,  national  bank  director's  knowledge 
of  excessiveness  of  loans  as  affect- 
ing personal  liability  for  making. 
1912B-651. 

Building  contracts,  right  to  rescind  build- 
ing contract  for  delay  as  dependent 
on  notice  to  complete.     1914D-286. 

Carriers  of  goods,  time  to  present  notice 
of  claim,  validity  and  effect  of  con- 
tract limiting.  9-17;  14-416;  1914  A- 
231;    1918D-S17. 

Corporations,  creditor's  knowledge  of  un- 
paid character  of  stock  as  waiver  of 
stockholder's  liability.     10-90. 

Credit  insurance,  notice  of  loss  under 
credit  insurance  contract.    1915A-668. 

Divorce,  condonation  as  dependent  on 
knowledge  of  act  condoned.     1912C-6. 

Fire  insurance,  additional  insurance, 
knowledge  of  insured  as  necessary 
to  avoidance  of  fire  insurance  policy. 
1912D-632. 

— ificrease  of  risk,  necessity  of  owner's 
knowledge  of  act.     10-1038. 

Foreign  laws,  presumption  as  to  knowledge 
of.     1916D-1072. 

Fraud,  scienter,  necessity  and  sufficiency 
of  allegation  in  action  for  false  rep- 
resentations.    16-646. 

Fraudulent  sales  and  conveyances,  change 
of  possession  within  rule  as  to  fraud- 
ulent conveyances  as  affected  by  no- 
tice where  vendee  retains  vendor  in 
employ.     1912A-608. 

Incest,  knowledge  of  relationship  of  par- 
ties as  affecting  crime.     4-569. 

Insurance,  conditions  in  policy,  waiver  by 
insurer's  knowledge  of  existing  facts. 
16-686. 

Knowledge  of  a  person  as  provable  by 
testimony    of    another.     21-1074. 

Lost  property,  knowledge  as  to  ownership 
as  constituting  larceny  in  retention 
by  finder.     20-1382. 


622    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


NOTICE— Continued. 

Master  and  servant,  assnmption  of  risk 
by  lineman  as  dependent  on  his 
knowledge    of    fact.     15-600. 

— car-coupling  apparatus,  necessity  that 
master  have  knowledge  of  defect  to 
be  liable  to  servant  for  resulting 
injury.     4-763;    21-86. 

— knowledge  by  master  of  disregard  of 
regulations  as  affecting  servant's 
right  to  recover  for  injuries.  1912A- 
90. 

— ^latent  danger,  burden  of  proof  of 
knowledge  of  employee.     11-116. 

— minority  of  employee,  knowledge  of 
master  as  affecting  his  liability  to 
parent  for  injuries  to  child.  1913C- 
235. 

— retention  of  servant  in  employ  after 
master's  knowledge  of  negligent  acts 
as  affecting  master's  liability.  1912C- 
S50. 

— rules  and  regulations,  knowledge  by  ser- 
vant as  affecting  servant's  right  of 
recovery  for  injury.  8-12;  10-153 j 
1912A-88. 

— scientific  fact  of  danger  connected  with 
employment,  knowledge  of  servant 
as  excusing  master's  failure  to  in- 
struct.    19-1156. 

Mechanics'  liens,  land  owner's  notice  of 
nonresponsibility  as  affecting  right  to 
mechanic's  lien  for  improvements 
made  with  consent  but  not  at  ex- 
pense   of   owner.     1916C-1136. 

— notice  of  nonresponsibility  as  exonerat- 
ing owner  for  improvements  made  by 
another.     11-1088;    19-736. 

Railroads,  knowledge  of  traveler  that  no 
train  is  due  as  relieving  of  duty  to 
look  and  listen  at  railroad  crossing. 
9-217;    1914D-1075. 

— track  repairer's  knowledge  of  danger 
and  schedule  of  passing  trains  as  af- 
fecting his  contributory  negligence 
for  injury.     8-333. 

Receiving  stolen  property,  guilty  knowl- 
edge on  part  of  one  charged,  neces- 
sity and  sufficiency  of  proof.     15-899. 

Records,  filing  document  constituting  no- 
tice, delivery  to  officer  when  not  at 
office   as  filing.     18-250. 

Reward,  knowledge  of  offer  as  prerequi- 
site to  right  to  reward.  1-285; 
1915B-671. 


NOTICE — Continifed. 

Suretyship,  right  of  surety  to  terminate 
relation  by  notice  to  obligee  before 
breach    of   contract.     11-272. 

Telegraph  company,  duty  of  telegraph 
company  to  notify  sender  of  delay 
in  transmission  or  delivery  of  mes- 
sage.    14-371;   1917C-545. 

— notice  of  exemption  from  liability 
printed  on  telegraph  blank  as  affect- 
ing addressee  of  message.  19-900; 
1916A-1135. 

Trusts,  knowledge  of  cestui  que  trust  of 

creation    of  trust   as   essential   to    its 

validity,     12-167. 
— use  of  descriptive  term  after  signature 

of  trustee  as  notice  of  trust  relation. 

16-843. 

Vendor  and  purchaser,  vendee's  right  to 
specific  performance  against  pur- 
chaser from  vendor  as  affected  by 
latter's  notice  or  want  of  notice.  17- 
1038. 

"Wills,  notice  of  probate,  persons  entitled 
to.     1914B-427. 

Workmen's  compensation,  notice  of  injury 
under  act.  1917D-867,  881,  883,  886; 
1918C-1042. 


B.    Necessity. 

Accident  insurance,  notice  of  accident 
within  time  required  by  terms  of 
policy  as  condition  precedent  to  re- 
covery.    14-292;   1914D-412. 

— waiver  of  provision  requiring  notice  to 
be  given  within  certain  time.  2- 
116;    21-919;   1917A-114. 

Animal  insurance,  loss  or  injury  to  ani- 
mals, necessity  of  notice  to  support 
action  on  animal  insurance  policy. 
1915A-623;   1917D-47. 

Appeal,  parties  entitled  to  notice  of  ap- 
peal.    13-181;    21-1277. 

Arbitration  and  award,  rehearing  before 
umpire  in  arbitration  matters,  neces- 
sity of  notice.     16-558. 

Assignments,  equitable  assignment  of  por- 
tion of  fund  or  debt,  necessity  of 
notice.     1912A-678. 

Assistance,  writ  of,  necessity  of  notice  to 
person  in  possession  of  application 
for  writ.     1913D-1127. 

Attorneys,  discharge  of  attorney  as  neces- 
sitating notice  to  him  and  third  per- 
sons.    19-593. 


NOTICE. 


623 


NOTICE — Continued. 

Automobile  insurance,  necessity  of  notice 
of  accident  to  uphold  recovery  by  au- 
tomobile owner  on  insurance  against 
liability.     1915A-636. 

Beneficial  associations,  dues  or  assess- 
ments payable  by  member  of  benefit 
society,  necessity  of  notice  in  order 
to  render  member  delinquent.  1912D- 
699. 

Bills  and  notes,  acceptance  of  worthless 
check  in  payment  as  excuse  for  fail- 
ure to  present  and  give  notice  of  dis- 
honor.    1915B-155. 

— bank  receiving  paper  for  collection,  duty 
to  protest  same  and  give  notice  in 
absence  of  express  instruction. 
1918A-892. 

' — corporate  paper,  right  of  stockholder  or 
oflJcer  indorsing  bill  or  note  to  no- 
tice of  dishonor.     1917B-836. 

— dishonor  of  bill  or  note,  necessity  and 
time  of  giving  notice  to  fix  drawer's 
or   indorser's  liability.     12-450. 

— protest  of  bill  or  note,  giving  notice 
in  case  of  successive  indorsers. 
1915B-1071. 

■ — surety's  liability,  necessity  of  notice  of 
dishonor  of  bill  or  note  to  fix.  6- 
281. 

Bridge  defects,  necessity  of  notice  to  fix 
municipal    liability.     15-844. 

Carrier  of  goods,  necessity  of  notice  to 
consignee  for  removal  from  premises 
of  carrier.     21-532;   1918E-1115. 

Carriers  of  passengers,  change  of  cars, 
duty  of  carrier  to  give  passenger  no- 
tice.    1917D-48S. 

— necessity  of  personal  notice  of  station 
of  destination  to  passengers  on  trairs. 
2-677. 

Contract  with  United  States,  necessity  of 
notice  of  annulment.     1918E-7. 

Covenants,  necessity  and  sufficiency  of  no- 
tice to  defend  eviction  in  order  to 
conclude  covenantor  of  good  title. 
13-206;  1916E-148. 

Depositions,  notice  to  take,  necessity  and 
sufficiency  of  naming  witness.  1918A- 
950. 

Drainage,  hearing  on  petition  for  organi- 
zation of  flrninage  district,  necessity 
of  notice.     19150-17. 


NOTICE — Continued. 

Eminent  domain,  assessment  of  damages 
in  condemnation  proceedings,  neces- 
sity of  notice  to  land  owner.     4-903. 

— validity  of  statute  failing  to  provide 
for  notice  to  land  owner  of  proceed- 
ings to  condemn  (as  distinguished 
from  proceedings  to  fix  compensation). 
1913A-1256. 

Employers'  Liability  Act,  injury  under 
Employers'  Liability  Act,  necessity, 
sufficiency  and  service  of  notice.  15- 
292;   1912B-326;   1913D-835. 

Employers'  liability  insurance,  notice  of 
accident  under  policy,  necessity  and 
sufficiency  of  giving.  11-258;  1914A- 
271. 

Excavations  on  one's  own  land,  duty  to 
notify   adjoining  land   owner.     21-20. 

Execution  sale,  necessity  of  notice  to  ex- 
ecution plaintiff  in  proceeding  to  set 
aside  sheriff's  sale.     5-260. 

Gas  company,  notice  as  to  escaping  gas 
as  affecting  liability  for  injury  caused. 
1914C-346. 

Health  insurance,  notice  of  illness  under 
policy,  validity  of  provision  requiring 
to  be  given  within  specified  time.  15- 
218.  ' 

Injunction,  necessity  of  notice  of  restrain- 
ing order.     1917B-126. 

Insane  persons,  necessity  of  notice  to 
lunatic  of  inquisition  of  lunacy.  10- 
216. 

— notice  and  hearing  as  essential  to  due 
process  of  law  in  commitment  of  in- 
sane person.     1913C-324. 

Judicial  sale,  persons  entitled  to  notice  of 
vacation.     1914D-757. 

Landlord  and  tenant,  repairs  during  term, 
necessity  of  notice  by  tenant  to  land- 
lord.    1912B-353. 

— termination  of  lease  under  option  there- 
for in  instrument,  necessity  and  suf- 
ficiency  of  notice.     1916B-312. 

— transfer  of  reversion,  right  of  grantee  or 
assignee  to  rents  as  dependent  on 
notice  to  tenant.     1916D-200. 

Licensee,  right  to  notice  on  revocation  of 
license.     7-715. 

Life  insurance,  necessity  and  sufficiency 
of  notice  of  time  of  payment  of  life 
insurance  premium  under  statutes  re- 
quiring notice.     4-483. 


624    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


NOTICE — Continued. 

— payment  of  premium,  necessity  and  suf- 
ficiency of  notice  of  time  in  absence 
of  statute  or  policy  provision  requir- 
ing notice.     10-687. 

Mortgages,  power  of  sale,  , necessity  of 
notice  of  intention  to  exercise.  11- 
170, 

Municipal  corporations,  bond  issues,  ne- 
cessity of  compliance  with  statutory 
requirements    as    to    notice.     18-1137. 

' — mob  violence,  municipal  liability  as  de- 
pendent on  notice.     8-465;  1916A-326. 

Notice  to  municipality  as  prerequisite  to 
action  by  plaintiff  for  claim  for  in- 
jury to  wife  or  child.     1916E-560. 

— sewer  obstruction  or  defect,  necessity  of 
notice  to  render  municipality  liable 
for  failure  to  remedy.     13-473. 

Process,  necessity  for  personal  service  of 
notice  in  absence  of  express  require- 
ment as  to  manner.     1915A-222. 

— service  of  notice  on  public  official  in 
divorce  suit,  validity  and  construction 
of  statute  requiring.     1918D-1098. 

Publication,  continuous  publication,  neces- 
sity under  requirement  of  certain 
number  of  days'  publication.  1912B- 
1273. 

Public  officer,  necessity  of  notice  to  effect 
his  summary  removal.     19-920. 

— right  to  notice  before  lemoval  for  cause 
of  public  officer  holding  for  fixed  term. 
12-995;    1913D-1209. 

Receivers,  application  for  appointment,  ne- 
cessity of  giving  notice  to  adverse 
party.     1915C-897. 

— certificates,  necessity  and  sufficiency  of 
notice  of  issuance.     1913C-46. 

Special  assessment,  right  of  mortgagee  of 
property  to  notice  of  proceeding  to 
levy.     1912D-536. 

Streets,  necessity  of  notice  to  impose  lia- 
bility on  person  bound  by  contract, 
statute,  or  ordinance  to  keep  same  in 
repair.     1913C-221. 

— sidewalk,  construction  by  municipality, 
necessity  of  prior  notice  to  lot  owner 
before  construction  by  municipality. 
3-676. 

— ^written  notice  to  municipality  as  con- 
dition precedent  to  liability,  validity 
of  law  requiring.     16-172. 

Taxation,  assessment  of  omitted  property, 
right  of   taxpayer  to  notice.     12-468. 


NOTICE— Continued. 

Written  notice,  necessity  that  notice  re- 
quired or  authorized  by  law  be  in 
writing.     1916E-1147. 


C.    Sufficiency. 

Alien  enemy,  sufficiency  of  notice  of  action 
against  him.     1917C-212. 

Appeal  from  justice's  court,  sufficiency  of 
notice  with  respect  to  description  of 
judgment.     21-1309. 

Appeals,  reasons  of  appeal,  requirement 
of  statement  in  equity  case.  1914D- 
522. 

Attorneys,  lien  on  judgment,  sufficiency  of 
notice    to    judgment    debtor.     12-343. 

Banks,  memorandum  on  check  as  notice 
to  bank.     1913B-1342. 

Bridges,  facts  constituting  notice  to  mu- 
nicipality of  defects  therein.     15-845. 

Carrier  of  passengers,  time  limit  on  pas- 
senger tickets,  sufficiency  of  notice. 
6-121. 

Corporations,  meeting  of  corporation  or 
directors,  sufficiency  of  notice. 
1914D-862. 

— special  meeting  of  stockholders,  suf- 
ficiency of  contents  of  notice.  1917E— 
1004. 

— ^waiver  of  notice  as  to  stockholders' 
meeting.     1916E-1038. 

Covenants,  sufficiency  of  notice  to  cove- 
nantor of  good  title  to  defend  eviction, 
13-208. 

Fire  insurance,  cancellation  of  policy,  suf- 
ficiency of  service  of  notice.  17-795; 
1915A-1233. 

— form  and  requisites  of  notice  of  can- 
cellation.    17-798;   1915A-1235. 

•—waiver  by  insured  of  provision  in  policy 
respecting  notice  of  cancellation. 
1915A-1236. 

Mechanic's  lien,  naming  person  against 
whose  interest  lien  is  claimed  in  cap- 
tion but  not  in  body  of  statement  of 
lien,    sufficiency    of    notice.     20-1162, 

"^service  of  notice  on  agent  of  owner,  suf- 
ficiency.    16-355. 

Municipal  corporations,  name  and  address 
of  claimant  against  municipality,  suf- 
ficiency of  statutory  notice  with  re- 
spect to.     1916E-722. 


NOTICE. 


625 


NOTICE — Contimiea. 

— officer  to  whom  notice  must  he  given 
of  claim  of  injury  against  municipal- 
ity.    1913A-348;  1917D-962. 

— time  of  accident,  sufficiency  of  statutory 
notice  of  claim  against  municipality 
with  respect  to  description  thereof. 
1918E-1026. 

Newspaper  publication  of  statement  as 
notice  in  absence  of  statute.  1913D- 
224. 

Partnership,  sufficiency  of  notice  to  former 
patrons  of  dissolution.  9-243;  1915 A- 
1104. 

Process,  sending  newspaper  containing 
advertisement  as  valid  service  of 
notice.     1912D-1000. 

— time  of  service  as  computed  by  exclu- 
sion or  inclusion  of  Sunday  or  holiday. 
1917E-935. 

/ — validity  of  notice  served  on  holiday. 
1916E-850. 

Publication,  compelling  particular  news- 
paper to  publish  notice  required  by 
law,  right  to  compel.     1916A-386. 

— ^language  in  which  publication  required 
by  statute  should  be  made.  14-420; 
1912B-632. 

— single  edition  of  newspaper  as  sufficient 
publication.     1917E-994. 

— Sunday  publication  of  notice,  etc.,  va- 
lidity.    1916B-25,  48,  49, 

— time  as  computed  by  exclusion  or  inclu- 
sion of  Sunday  or  holiday.  1917E- 
942. 

Streets,  accident  occurring  in  street  or 
highway,  sufficiency  of  statutory 
notice  to  municipality  with  respect  to 
description  of  place  of  accident.  18- 
994. 

— notice  as  provable  by  evidence  of  prior 
accidents   at   same    place.     16-638, 

Suretyship,  notice  to  creditor  to  sue  prin- 
cipal, sufficiency  as  to  form  in  order 
to  discharge  surety.  21-1367;  1916C- 
632. 

Taxation,  redemption  from  tax  sale,  suf- 
ficiency of  notice  with  respect  to 
statement  as  to  expiration  of  time  to 
redeem.     1917A-243. 

Telephonic  communication  of  notice  other 
than  in  judicial  proceeding,  validity. 
1917B-906. 

Index  to  Notes — 40 


NOTICE— Continued. 

D.    ErPECT. 

Bills  and  notes,  corporate  accommodation 
paper,  holder's  notice  of  its  character 
as  affecting  liability  of  corporation. 
1913A-1316. 

— dishonor  of  bill  or  note,  effect  of  notice 
to  part  only  of  joint  indorsers. 
1912D-353, 

— knowledge  of  failure  or  want  of  con- 
sideration of  note  at  time  of  renewal 
as  affecting  estoppel  to  assert  defense, 
1916A-827. 

— misstatement  in  notice  of  protest  as  to 
time    of   dishonor,    effect.     12-375. 

— ^purchaser  of  one  of  series  of  notes 
having  notice  of  defenses  against 
other  notes  as  innocent  purchaser. 
9-340. 

Carrier  of  passengers,  character  of  prop- 
erty checked  as  baggage,  notice  as 
affecting  carrier's  liability  for  loss  of 
property  not  ordinarily  regarded  as 
such,     13-241, 

Covenantee  against  incumbrances,  notice 
of  existence  of  unexpired  lease  as  af- 
fecting covenantor's  liability  for 
breach,     1914D-1177. 

Elections,  death  or  ineligibility  of  can- 
didate, effect  upon  votes  cast  of 
voter's  knowledge  of  fact.  1915B- 
519, 

Executors  and  administrators,  pledge  of 
decedent's  personalty  to  secure  debt 
of^  executor  or  administrator,  notice 
of  pledgee  as  affecting  validity  as 
against   estate.     1912C-980. 

Judgment,  priority  of  lien  over  unrecorded 
conveyance  as  affected  by  judgment 
creditor's  notice  of  conveyance.  21- 
867. 

Mortgages,  priority  of  mortgage  for  fu- 
ture advances  over  subsequent  incum- 
brance as  affected  by  notice  of  latter, 
1913C-557, 

Municipal  corporations,  bond  issue  in  ex- 
cess of  municipal  debt  limit  notice 
thereof  as  affecting  validity  of  bonds 
reciting  otherwise.     17-1246, 

Necessaries,  tradesman's  knowledge  of  sup- 
ply of  necessaries  or  prohibition 
against  purchase  by  wife,  as  affecting 
husband's  liability.     1915A-8. 

Quitclaim    grantee's   notice   of  prior  unre- 
•    corded    conveyance    as    affecting   pre- 


626    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


NOTICE — Continued. 

cedence  through  prior  record  of  quit- 
claim deed.     8-1097;   19-320. 

Ships  and  shipping,  limitation  of  vessel 
owner's  liability  as  affected  by  his 
knowledge  or  privity.     1913D-1228. 

Streets,  defects,  knowledge  of  municipality 
as  affecting  liability  where  statute 
makes  municipality  liable  for  failure 
to  repair.     1913A-691. 

• — obstructions,  municipal  liability  for  sta- 
tionary obstruction  as  dependent  on 
knowledge  of  existence.     10-680. 

— traveler's  knowledge  of  defect  as  im- 
posing duty  to  take  different  route. 
6-32. 

Taxation,  redemption  from  tax  sale,  effect 
of  slight  mistake  in  stating  amount 
in  notice.     19-967. 

E.    Lack  of  Xotice. 

Carrier  of  goods,  money  transported  by 
common  carrier  without  knowledge, 
liability  for  loss.     4-770. 

Contracts,  want  of  knowledge  by  one  party 
of  the  Sunday  execution  of  a  contract 
as  affecting   its   validity.     16-632. 

Covenants,  effect  on  judgment  of  failure 
to  notify  covenantor  of  good  title  to 
defend  eviction  proceedings.     13-208. 

Elections,  failure  to  give  notice  of  va- 
cancy to  be  filled,  effect.     1914C-59.5. 

— primary  elections,  effect  of  failure  to 
give  notice.     1914C-59S. 

Judicial  sale,  misnomer  of  party  in  notice 
of  sale  as  alTeeting  validity.  1917B- 
1046. 

Master  and  servant,  transfer  of  business, 
failure  to  give  servant  notice  of  trans- 
fer as  affecting  former  master's  lia- 
bility for  injuries  to  servant.  1914A- 
474. 

Suretyship,  signing  bond  on  condition  that 
another  surety  be  secured,  liability  as 
dependent  on  notice  or  want  of  notice 
of  obligee.     1918D-512. 

Taxation,  effect  of  failure  to  give  taxpayer 
notice  of  assessment  of  omitted  prop- 
erty,    12-468. 

2.    Constructive  Notice. 

Corporations,  constructive  notice  of  unpaid 
character   of   corporate   stock.     10-91. 

I'raud,  record  of  instrument  as  construc- 
tive  notice   thereof.     1917A-267,   274. 


NOTICE— Continued. 

Judicial  sale  purchaser  as  chargeable 
with  notice  of  unrecorded  instrument 
affecting  title  to  property.    191oB-236. 

Kecordation,  defective  description  of 
real  property,  record  of  instrument 
containing  mistake  as  constructive 
notice.     1917B-785. 

— delay  in  recording  instrument,  effect  on 
rights  of  intervening  purchaser  with- 
out notice.     7-367. 

— error  in  name  of  party  in  recorded  in- 
strument, effect  as  constructive  notice. 
1915C-98. 

— ^instrument  out  of  line  of  title,  record  as 
constituting  constructive  notice.  IS- 
IS. 

— neglect  of  recording  oflSeer  with  regard 
to  recordation  as  affecting  operation 
of  instrument  as  constructive  notice. 
4-561;  1913B-69. 

— recorded  instrument  not  entitled  to  re- 
cord, effectiveness  as  constructive 
notice.     1913B-1070. 

— unrecorded  deed  as  constructive  notice. 
1-761. 

Vendor  and  purchaser,  extent  of  construc- 
tive notice  to  purchaser  flowing  from 
possession  by  tenant.     1913A-1214. 

3.    Imputed  Notice 

Agency,  knowledge  of  agent  acquired 
before  becoming  such  as  imputable  to 
principal.     1912D-95. 

Animals,  servant's  or  agent's  knowledge 
of  viciousness  as  imputable  to  owner. 
18-673;    20-74. 

Attorneys,  notice  to  attorney  as  notice  to 

client.     3-441. 
— knowledge   of  corporation   as  imputable 

to  officer  thereof.     1915A-855. 

Corporations,  imputability  to  corporation 
of  notice  to  its  officers  where  latter 
are  engaged  in  independent  acts  in 
their  own  interests.  6-679;  1912C- 
295;   1916B-328. 

— officer's  knowledge  acquired  as  officer  of 
other  corporation  as  imputable  to  cor- 
poration.    1915A-861. 

Insurance  agent,  knowledge  of  agent  im- 
putable* to  company  as  affected  by 
nature   of   agency.     1913A-849. 

Master  and  servant,  knowledge  of  servant 
acquired  before  becoming  such  as  im- 
putable  to   master.     1912D-95. 


NOVATION— NUISANCES. 


627 


NOTICE — Contintied. 

Streets,  notice  to  poHceman  of  defect  as 
sufficient  to  charge  municipality. 
1914B-168. 


4.    Bights  in  Eeal  Property. 

Adverse  possession  of  railroad  property, 
■what  constitutes  notice  to  company. 
1917A-1274. 

Improvements,  knowledge  of  adverse  claim 
as  affecting  right  to  compensation  for 
improvements.     1916B-57,  65. 

Insane  persons,  sale  of  lunatic's  real 
estate,  notice  as  jurisdictional  pre- 
requisite.    1912A-1077. 

Tenants  in  common,  notice  of  adverse 
claim  by  cotenant  as  necessary  to  run- 
ning of  limitation  statute  between 
tenants   in    common.     1913D-1312. 


NOVATION. 

Automobile  insurance  policy,  novation  by 
contract  to  repair  damaged  car. 
1918B-1043. 

Eelease  of  original  debtor,  whether  may 
be  established  by  implication.  1912D- 
508. 

Substitution  of  debtor,  assent  of  creditor 
as  essential  to  novation,     1914A-339. 


NOW. 

Meaning    of    term    as    describing    leased 
premises.    15-881. 


NOXIOUS  ODORS. 

Leased  premises  affected  by,   application 
of  caveat  emptor  rule.     1-680. 


NOXIOUS  WEEDS. 

Duty  of  land  owner  to  destroy.     1913D- 
432;   1917A-183. 

Permitting    growth    of    noxious    weed    as 
waste.     1918D-543. 


NUISANCES. 


1.  Instrumentalities    Productive    of    Nui- 

sances. 

2.  Injunction  as  Bemedy. 

3.  Abatement  and  Damages. 

4.  Persons  Entitled  to  Invoke  Bemedy. 
6.  Peirsons  Liable. 

6.  Criminal  Liability. 

7.  Defenses. 

1.    Instrumentalities   Productive   of  Nui- 
sances. 

Animals,     bees,     keeping      as     nuisance. 

1917B-691. 
— breeding  of  animals  as  nuisance.    1916A- 

571. 
— dogs,  barking  dog  as  nuisance.     10-67. 

Attractive  nuisance  doctrine  as  applied  to 
municipality.     1915C-286. 

— cross-ties  piled  in  street  as  attractive 
nuisance.     2-504. 

— dangerous  substances  on  premises,  lia- 
bility of  owner  for  injury  to  trespass- 
ing  children.     5-503. 

— ^jurisdictions  in  which  doctrine  of  turn- 
table cases  is  approved  or  disapproved. 
11-901,  990. 

— pond,  pool,  well,  etc.,  unguarded  on  prem- 
ises, liability  of  land  owner  for  injury 
to  trespassing  child.  7-200;  11-990; 
1913A-1032. 

- — standing  railroad  cars,  attractive  nui- 
sance doctrine  as  applicable.  1912D- 
916. 

'—turntables,  care  required  of  railroad  in 
operation  of  turntables  in  respect  to 
children.     5-377;   15-651. 

Baseball  as  nuisance.     18-1094. 

Brick  kiln  as  nuisance.     1917E-420. 

Cars  overcrowded,  act  of  carrier  in  per- 
mitting as  constituting  nuisance. 
1918A-994. 

Cemeteries,  equitable  relief  against  ceme- 
tery as  nuisance.  5-136;  20-794; 
191VB-563. 

Coal  mine,  yard  or  the  like  as  nuisance. 
1915D-841. 

Dead  animals  as  constituting  nuisance. 
2-496. 


628     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


NXriSANCES — Continued. 

Explosives,  storage  as  nuisance,  liability 
for  injuries  caused  by  explosion.  10- 
456;  20-827;   1916C-820. 

Fence  of  unusual  height,  right  of  adjoin- 
ing owner  to  enjoin.  9-734;  1915A- 
718. 

Fertilizer,  place  for  storing  or  mixing  as 
nuisance.     1917D-1152. 

Fish  market  as  constituting  nuisance.  15- 
105. 

Fruit-stand  or  similar  structure  on  public 
highway   as  nuisance,     1916D-773. 

Garbage,  deposit  by  municipality  as  nui- 
sance.    1915A-139. 

— individual  depositing  on  own  premises, 
liability  as  for  nuisance.     1915A-132. 

Gasoline  or  other  explosive,  storage  as  nui- 
sance.    1916C-820. 

Gasworks  as  nuisance.  21-1249;  1915D- 
779. 

Hitching  rack  or  post  as  nuisance. 
1916A-101. 

Hospital  or  asylum  as  nuisance.  1916A- 
126. 

— municipal  hospital  for  contagious  dis- 
eases as  nuisance.     6-823. 

— private  hospital  or  sanitarium  for  con- 
tagious or  infectious  diseases,  injunc- 
tion against  as  nuisance.  15-719; 
1912B-1131. 

Intoxicating  liquors,  sale  as  public  nui- 
sance per  se.     14-36. 

Jail  as  nuisance.     1913E-860. 

Lavatory,  public  lavatory  in  street  as  con- 
stituting nuisance.     1918D-906. 

Noise  arising  from  exercise  of  lawful  busi- 
ness or  amusement  as  nuisance.  4— 
378;    19-993;    1912B-428;    1915B-1059. 

Obstruction  of  street  by  assembling  of 
crowd  attracted  by  exhibition  or  en- 
tertainment  as   nuisance.     1916B-971. 

Oil  kept  on  lands,  liability  for  injury  re- 
sulting   from    escape.     10-868. 
^storage  as  nuisance.     1916C-821. 

Poolroom  or  turf  exchange  as  nuisance. 
1915C-1033. 

Power-house  of  electric  light  or  power 
company   as   nuisance.     8-567. 

Privies,  vaJidity  of  statute  or  ordinance 
regulating  out-of-door  closets  or 
privies.     1916D-212. 


NUISANCES— Continued. 

Pumping  water,  oil  or  like  from  mine  or 
well  and  permitting  flow  on  to  adjoin- 
ing land,  liability  of  mine  or  land 
owner.     1914D-70. 

Eeformatory  as  nuisance.     1913E-858. 

Beservoir,  artificial  reservoir  as  nuisance 
rendering  owner  liable  for  damages 
caused  by  percolation  of  water,  5- 
681;  13-219. 

Shade  trees  as  constituting  nuisance.  1- 
785. 

Showcase  or  other  attraction  in  front  of 
building  as  nuisance.     1913D-1212. 

Skating-rink  as   nuisance.     19-104. 

Smoke,  burning  soft  coal  as  nuisance.  12- 
846;  1912B-1036. 

Stable  as  nuisance,  equitable  relief 
against.     14-894;    1913B-894. 

Statutes  relating  to  nuisances,  effect  of 
partial  invalidity.     1916D-77. 

Tobacco  factory  or  establishment  as  nui- 
sance.    20-732. 

Undertaking  establishment  as  nuisance. 
19123-1208.  ■ 

Waterworks  of  municipality  as  nuisance. 
14-1011. 


2.    Injunction  as  Eemedy. 

Cemeteries,  equitable  relief  against  as  nui- 
sances.    5-136;    20-794. 

Criminality  of  act  no  objection  to  remedy 
by  injunction.     1-39. 

Damages,  award  in  action  to  enjoin  nui- 
sance.    1912A-805. 

Fences,  right  to  enjoin  adjoining  land 
owner  from  maliciously  erecting  or 
maintaining  fence  of  unusual  heigh.t. 
9-734;   1915B-718. 

Gasworks,  injunction  against  as  nuisance. 
21-1253. 

Hospitals,  injunction  against  private  hos- 
pital or  sanitarium  for  contagious  or 
infectious  diseases.  15-719;  1912B- 
1131, 

Pollution  of  stream  by  municipal  discharge 
of  sewage,  right  of  lower  riparian 
proprietor  to  enjoin.     1915A-983. 

Private  nuisance  which  is  also  crime,  right 
of   state    to    enjoin.     1916C-455. 


NUISANCES. 


629 


NUISANCES — Continued. 

Public  nuisance  which  is  also  crime,  right 
of  state  to  enjoin.  13-794;  1914A- 
440;   1916D-788. 

Stables,  equitable  relief  against  as  nui- 
sances.    14-894;    1913B-894. 

Suits  by  private  citizens,  to  enjoin  nui- 
sances.    1-38;    17-1128. 

Territorial    scope    of     injunction     against 
liquor   nuisance.     1915C-1128. 

Threatened  or  apprehended  nuisance,  in- 
junction   to   restrain.     2-250;    20-933. 

3.    Abatement   and   Damages. 

Animals  running  at  large,   abatement  by 

distraint   and   sale.     1-994. 
— hogs  within   corporate   limits,  power  of 

municipality   to  abate.     9-179. 

Bawdy-house,  forfeiture  of  property  on 
abatement.     1915D-552. 

Billboards,  right  to  abate  as  nuisance.     2- 

897. 

Intoxicating  liquors,  abatement  of  manu- 
facture and  sale.     2-245. 

Jury  trial  as  to  existence  of  and  damages 
for  nuisance,  right  to.     3-1043. 

MaJicious  prosecution,  institution  of  pro- 
ceedings to  abate  nuisance  as  ground 
for   action.     1916E-493. 

Sewera,  power  of  court  to  abate  by  com- 
pelling municipality  to  remove  or 
alter.     1917E-308. 

Snmmary  destruction  of  private  property 
in  abating  nuisance.     1-345. 

Venue  of  civil  action  to  abate  nuisance. 
1913E-1272. 


NUISANCES— Continued. 

State,  act  which  is  both  public  nuisance 
and  crime,  righfc  of  state  to  abate. 
13-794;    1914A-440. 

— city  street,  right  of  state  to  enjoin  or 
abate    nuisance    therein.     16-486. 

Watercourses,  obstruction  of  navigable 
stream,  right  of  private  citizen  to 
maintain  action  to  abate.  1913E- 
51. 

5.    Persons  Liable. 

Continuing  nuisance,  liability  of  pur- 
chaser of   property.     13-108. 

Landlord  and  tenant,  constructive  evic- 
tion resulting  from  nuisance  on  leased 
premises.     7-598;   19-691. 

— criminal  liability  of  owner  of  premises 
for  nuisance  existing  thereon.  14- 
210. 

— third  person's  liability  to  landlord  for 
maintenance  of  nuisance.     1912D-126. 

Municipality,  liability  for  failure  to 
abate  nuisance.     1-964. 


6.    Criminal  Liability. 

Corporation,  criminal  liability  for  nui- 
sance.    1916C-463. 

Indictment  for  public  nuisance,  construc- 
tion of  statute  prescribing  fbrm. 
1918C-563. 

Municipal  corporation,  criminal  liability 
for  maintaining  or  failing  to  abate 
nuisance.     1-964;    1913D-303. 

Owner  of  premises  in  possession  of  ten- 
ant, criminal  liability  for  nuisance 
existing  thereon.     14-210. 


4.     Persons   Entitled   to   Invoke   Remedy. 

Action  by  other  than  property  owner  for 
damages   by   nuisance.     1-272. 

Existence  of  nuisance  at  commencement  of 
tenancy,  right  of  landlord  to  recover 
damages    caused    to    premises.     6-150. 

Obstruction  of  highway,  abatement  of  nui- 
sance, right  of  private  individual  for 
obstruction  preventing  or  interfering 
with   access  to  his  property.     11-287. 

— damages  for  nuisance,  right  of  private 
citizen  to  recover.     1914C-1128. 

Private  citizen,  right  to  enjoin  nuisance. 
1-38;  17-1128. 


7.    Defenses. 

Acquiescence  in  or  consent  to  erection 
of  structure  as  precluding  objection 
thereto  as  nuisance.     1916C-1235. 

Contributory  wrong  of  plaintiff  as  pre- 
cluding recovery  of  damages  for  nui- 
sance.    11-134. 

Existence  of  other  nuisances  producing 
similar  results  as  defense  to  pro- 
ceeding for  maintenance  of  nuisance. 
12-909. 

Legalization  of  nuisances  injuriously  af- 
fecting private  property.  1-625;  13- 
583. 


G30    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


NUISANCES— Continued. 

Limitation  against  action  for  damages 
for  nuisance,  ^running  of  statute. 
10-184. 

Prescriptive  right  to  maintain  public 
nuisance.     17-789. 

— ^pollution  of  watercourse.  3-24;  19120- 
182. 

NUMBER. 

House  or  room  number,  sufficiency  of  in- 
dictment for  burglary  with  respect 
to  description  of  building  thereby. 
1913D-876. 


NUMBER  PLATES. 

Municipal   regulation   of  automobile  num- 
ber  plates.     1916E-1048. 


NUNC  PRO  TUNC  ORDERS. 

Judgments,  amendment  of  judgment  by 
order   nunc   pro   tunc.     1915A-522. 

— entry  of  judgment  by  order  nunc  pro 
tunc.     1915D-685,   692. 

Eecords,  amendment  by  order  nunc  pro 
tunc.     1915D-681,  692. 


NUNCUPATIVE  WILLS. 

Attempt  to  make  formal  will  as  con- 
stituting nuncupative  will.  1917D- 
608. 


NUNCfUPATIVE  WILIiS— Continued. 

Property  which  may  pass  under.  I912C- 
646. 

Eogatio  testium,  necessity  and  sufficiency 
of  proof  to  establish  nuncupative 
will.     10-1132. 

Time  of  making,  statutory  restrictions  as 
to.     3-317;    14-1164. 


NURSERY  STOCK. 

Implied    warranty    on    sale.     1913E-93. 

Measure  of  damages  recoverable  by  ven- 
dee for  anticipatory  breach  of  con- 
tract of  sale  for  future  delivery. 
1913C-765. 


NURSES. 

Gratuitous  nursing  services,  recovery 
under  Workmen's  Compensation  Act. 
1915B-855. 

— value  of  nursing  rendered  gratuitously 
as  element  of  damages  for  personal 
injuries.     1914D-926. 

Nursing  as  practice  of  medicine.  1918E- 
687. 

State  regulation  of  practice  of  nursing. 
1917C-168. 


o 


OATHS. 

Attorney  making  oath  for  party  to  pro- 
ceeding, sufficiency.     7—49. 

Form  prescribed  by  law,  failure  to  com- 
ply with  exact  form  as  affecting 
binding    character    of    oath.     5-723. 

Information  filed  by  prosecuting  attor- 
ney, necessity  of  oath.     7-983. 

Jury,  failure  of  record  to  show  that  jury 
were  sworn  as  ground  for  reversal. 
8-750;   17-178. 

Notary  public,  disqualification  to  admin- 
ister oath  where  he  is  attorney  for 
party   taking   oath.     6-37. 


OATHS— Continued. 

Perjury,  form  of  oath  as  affecting  crime. 

1914B-595;   1916A-497. 
— necessary    allegations    of    indictment    as 

to   administration   of   oath.     9-765. 

Public  officers,  official  oath  as  criterion 
whether  position  held  is  office  or  em- 
ployment.    17-456. 

Telephonic  administration  of  oath,  va- 
lidity.    1917B-905. 

Witnesses,  effect  of  failure  to  swear  wit- 
ness.    4-1023;    6-57;    1912D-572. 

— infant  as  witness,  necessity  of  knowl- 
edge   of    obligation    of    oath.     14-4. 


OBJECTIONS  AND  EXCEPTIONS— OBSCENITY. 


631 


OBJECTIONS  AND  EXCEP- 
TIONS. 

Amicus  curiae,  power  to  take  exception. 
1915A-197. 

Argument  of  counsel,  necessity  and  suflfi- 
ciency  of  objections.     1916A-551. 

Depositions,  right  to  raise  on  subsequent 
trial  objections  not  made  on  first 
trial.     1913B-1057. 

Evidence,  failure  to  object  to  admission 
at  former  trial  as  precluding  objec- 
tion   on   subsequent   trial.     19-1279. 

Infant's  right  to  complain  in  appellate 
court  of  error  not  objected  to  in 
trial   court.     1913B-443, 

Instructions  not  excepted  to  as  law  of 
case    on    appeal.     1913D-300. 

— necessity  for  objection  in  addition  to 
exception  in  order  to  save  giving  of 
instruction   for  review.     1912B-1231. 

Judicial  notice,  right  to  raise  question 
for   first   time   on   appeal.     1914D-196. 

Misconduct  of  juror,  failure  to  raise  until 
after  verdict  as  affecting  right  to 
new  trial.     1912A-223. 

Pleading,  inconsistent  defenses,  method 
of   objecting  thereto.     1917C-743. 

— sufficiency  of  complaint,  right  to  ques- 
tion  for  first  time  on  appeal.     3-545. 

^verification,  necessity  and  timeliness  of 
objection  with  respect  to  absence  of 
verification.     1918D-440. 

Prohibition,  objection  to  jurisdiction  of 
inferior  court  as  prerequisite  to  issu- 
ance of  writ.     21-167. 

Testimony  admitted  over  objection  with 
question  reserved,  effect  of  failure 
to   move  to   strike   out.     1912C-711. 

Waiver  of  exception  to  denial  of  appli- 
cation to  take  case  from  jury  by  sub- 
sequent introduction  of  evidence. 
14-222;    1914A-146. 


OBLiaATION  OF  CON- 
TRACTS. 

Exemption  from  execution,  statute  ex- 
tending as  impairing  obligation  of 
contract.     1912B-259. 

Fires,  statute  making  railroad  absolutely 
liable  for  damage  by  fire  as  impair- 
ing obligation  of  contract.     16-943. 


OBLIGATION  OF  CONTRACTS— Con- 
tinued. 

Impairment  by  judicial  decision.  4-93; 
9-1121;    1915C-578. 

Municipal  corporations,  repeal  or  modifi- 
cation of  statute  affecting  corpora- 
tion as  impairment  of  obligation  of 
contract  between  state  and  munici- 
pality.    4-794. 

Ordinance  granting  privilege,  impairment 
thereof  as  impairment  of  contract 
obligation.     3-88;    6-601;    1915A-899. 

Prohibiting  revival  of  judgments  as  im- 
pairment of   obligation.     3-1148. 

Removal  of  causes,  statute  prohibiting 
foreign  corporation  from  removing 
action  against  it  to  federal  court  as 
impairing  obligation  of  contract. 
1912C-1161. 

State  contract,  power  of  state  to  annul 
by  legislative  act.     1915B-137. 

Telegraph  companies,  statute  permitting 
recovery  of  damages  for  mental  an- 
guish as  impairment  of  contractual 
obligation.     1913C-868. 


OBSCENITY. 

Advertisement,  statutes  prohibiting  ob- 
scene  advertising.     1916A-902,   931. 

Breach  of  peace,  language  constituting. 
1917C-889. 

Corporation,  criminal  liability  for  mailing 
obscene  matter.     1916C-465. 

Cruel  and  unusual  punishment  for  ob- 
scenity,   what    is.     19-730. 

Express  companies,  statute  regulating, 
sending  of  obscene  matter  by  ex- 
press as  violating  constitutional 
liberty  of  speech  and  press.  1915B- 
1186. 

Indictment,  construction  of  statute  pre- 
scribing form  for  obscenity.  1918C- 
561. 

— sufficiency  of  description  of  obscene 
matter  in  indictment  or  information 
for  publishing,  distributing  or  mail- 
ing  same.     9-47. 

Inducement  to  sell  obscene  matter  with 
view  to  prosecution  as  constituting 
defense  to  such  prosecution.  17-298; 
1916C-734. 

Information  regarding  obtaining  obscene 
matter,  criminal  liability  for  giving. 
7-255. 


632    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


OBSCENITY— Continued. 

"Knowingly"  mailing  or  distributing  ob- 
scene matter.     1912A-434. 

Liberty  of  speech  and  press,  constitu- 
tional guaranty  as  protecting  publi- 
cation of  immoral  matters.  15-9; 
1915B-1186. 

Obscene  publication,  what  constitutes 
within    prohibitory    statute.     11-306. 

Postoffice,  necessity  of  deposit  in  mail 
to  constitute  offense  of  using  mails 
to  disseminate  obscene  matter.  7- 
255. 

— prohibition  against  sending  obscene 
matter  by  mail  as  infringing  liberty 
of    press.     1915B-1186. 

Eeports  of  court  proceedings,  publication 
as  within  statute  against  obscenity. 
16-764. 


OBSTETRICS. 

Practice     as    practice    of    medicine. 
571. 


13- 


OBSTRUCTINa  JUSTICE. 

Attempt  made  in  good  faith  to  dissuade 
witness  from  testifying  as  criminal 
offense.     13-579. 

Conspiracy  to  obstruct  justice,  sufficiency 
of  indictment  as  to  allegations  of 
object  and  means  of  accomplishing. 
21-45. 

Contempt,  obstructing  or  delaying  service 
or  execution  of  process  as  contempt. 
1913A-909. 

Liberty  of  speech  or  of  press  as  authoriz- 
ing obstruction   of  justice.     15-6. 

— constitutional  guaranty  as  affording  im- 
munity from  punishment  for  obstruc- 
tion  of  justice.     1915B-1184. 

Preventing  person  not  subpoenaed  from 
appearing  as  witness,  criminality. 
1912C-517. 

Eesisting  officer,  what  constitutes  offense. 
17-401;  1914B-813. 


OBSTRUCTIONS. 

See  Streets  and  Highways. 

Ancient    lights,    measure    of    damages   for 
obstructing.     1913A-741. 


OBSTRUCTIONS— Continued. 

Carriers  of  passengers,  collision  with  ob- 
struction as  raising  presumption  of 
negligence  on  part  of  carrier.  1917C- 
642. 

— ^liability  for  injuries  to  passenger 
caused  by  obstruction  placed  on  track 
by   third    person.     11-856. 

Irrigation  ditch,  right  of  user  of  water 
to  damages  for  obstruction.  1913E- 
106. 

Waters  and  watercourses,  abatement  of 
nuisance  caused  by  obstruction  of 
navigable  stream,  right  of  private 
citizen  to  maintain  action.  1913E- 
51. 

— criminal  liability  of  corporation  for 
obstruction  of  public  waterway. 
1916C-463. 

! — duty  of  one  obstructing  natural  water- 
course to  anticipate  extraordinary 
freshets  or  floods.  8-777;  1918A- 
1114. 

— liability  of  municipality  for  injury  re- 
sulting from  obstruction  of  navigable 
waters  within  municipal  borders. 
1915C-117. 


OCCUPANCY. 

Actual  residence  as  requisite  to  occu- 
pancy  of  land.     20-830. 

Fire  insurance,  construction  of  vacancy 
clause  in  policy  issued  upon  rented 
property.     9-95;    1917B-669. 

— revival  of  policy  by  occupancy  after 
vacancy.     9-55;    1916C-770. 

Homestead,  widow's  failure  to  occupy  as 
affecting   her   rights    therein.     12-786. 

Tenant  in  common,  nature  of  occupancy 
as  affecting  liability  to  account  to 
cotenant.     18-1084. 


OCCUPATIONAL 
DISEASE. 

"Workmen's        compensation,  "accident" 

under    act    as    including  occupational 

disease.     2-140;    15-886;  1913A-1121; 
19183-335. 

— "injury"  or  personal  injury  under  act 
as  including  occupational  disease. 
19150-921;    1916D-694;    1918B-366. 


OCCUPATIONS— OFFERS. 


633 


OCCUPATIONS. 

Beneficial  associations,  amendment  of  by- 
law changing  right  to  engage  in  cer- 
tain occupations  as  impairment  of 
vested  rights  of  member.     1913C-681. 

— engaging  in  prohibited  occupation, 
waiver  of  forfeiture  of  certificate. 
12-641;    1918D-310. 

— misrepresentation  as  to  occupation, 
waiver  of  forfeiture  of  benefit  cer- 
tificate.    12-640;    1918D-308. 

Character  of  occupation  as  test  of  inde- 
pendence of  contractor.     19-20. 

Conspiracy  to  injure  person  in  occupa- 
tion or  business,  sufiiciency  of  alle- 
gations of  indictment.     21-44. 

Life  insurance,  engaging  in  prohibited 
occupation  as  avoidance  of  policy 
where  death  results  from  other 
causes.     1912D-491. 

— what  constitutes  breach  of  condition 
relating  to  occupation  of  insured. 
7-568;  1916B-739. 

Nuisance  caused  by  noise  arising  from 
lawful  business  or  occupation.  4- 
378;   19-993;   1915B-1059. 

Poll  tax  exemption  of  persons  engaged  in 
certain    occupations.     12-318. 

Private  detectives,  nature  of  occupation. 
1917A-584. 

Sunday  laws  as  directed  against  par- 
ticular occupations.  1-93;  10-1016; 
14-141;    1915C-200;    1918E-1170. 

What    occupations    embraced    under    term 

"trade."     1916A-1198. 
Workmen's      compensation,      employments 

within  purview  of  act.     1917D-4. 

OCCUPATION  TAXES. 

See  Licenses. 


OCCUPIED. 

Meaning  of  term  "unoccupied"  or  "oc- 
cupied" as  used  with  reference  to 
building  in  fire  insurance  policy. 
1912D-82. 


OCULISTS. 

Special  regulation  of  persons  treating 
ocular   diseases.     1917B-803. 

Statutes  regulating  practice  of  medicine 
as  applicable  to  oculists  or  opticians. 
9-203. 


ODOR. 

Noxious  odor  affecting  leased  premises, 
application  of  caveat  emptor  rule. 
1-680. 


Testimony  of  witness  as  to  odor. 
736. 


1914B- 


OFFENSIVE    LANGUAGE. 

Divorce,     offensive     language     as     cruelty 
warranting  divorce.     1918B-485. 

Language    constituting    breach    of    peace        '^ 
or    disorderly    conduct.     19170-889. 


OFFER  AND  ACCEPT- 
ANCE. 

Frauds,  statute  of,  buyer's  act  in  selling 
or  offering  to  sell  goods  as  sufficient 
acceptance  to  satisfy  statute.  1913B- 
275. 

— written  acceptance  of  written  offer, 
necessity  to  constitute  sufficient 
memorandum  under  statute  of  frauds. 
1913A-1041. 

Insurance,  consummation  of  contract  as 
arising  from  offer  and  acceptance. 
1916B-677. 

Sales,  acceptance  of  offer  once  rejected 
as  consummating  contract  of  sale. 
1917C-987. 


OFFERS. 

Compromise,  admissibility  of  statement  of 
fact  made  in  connection  with  offer 
of  compromise.     1918E^39,  456. 

Criminal  law,  accused's  offer  of  com- 
promise as  admissible  in  evidence. 
16-^58. 

• — embezzlement, 
owner     as 
1916C-66. 

— larceny,  offer  to  settle  with  owner  as 
defense    to    prosecution. 


offer     to     settle     with 
defense     to     prosecution. 


1916C-68. 


Evidence,  power  of  amicus  curiae  to  make 
offer  of  evidence.     1915A-196. 

Guaranty,  what  constitutes  offer.  15- 
1166. 

Eewards,  knowledge  of  offer  as  prerequi- 
site to  right  of  reward.  1-285; 
1915B-671. 


634    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


OFFERS — Continued. 

Value,  corporate  stock,  price  offered  for 
purchase  as  evidence  of  value  where 
it   has  no   market  value.     1915C-66. 

— eminent  domain  proceedings,  offer  to 
purchase  by  third  person  as  evidence 
of  value   of  property  taken.     5-971, 


OFFICE. 

Distinction  between  office  and  employ- 
ment.    17-451;    1917D-319, 

Indictment  for  burglary  of  office,  suffi- 
ciency with  respect  to  description  of 
office.     1913D-871. 


OFFICER  OF  THE 
REVENUE. 

Legal   meaning  of  phrase.     1918B-220. 

OFFICERS. 

See  Banks  and  Banking;  Corporations; 
Municipal  Corporations;  Public  Offi- 
cers;  Sheriffs  and  Constables. 

OFFICIAL  BONDS. 

See  Public  Officers. 

OFFSPRING. 

Loss  of  unborn  child  as  element  of  dam- 
ages in  action  for  personal  injuries 
to  .woman.     19-2'66. 

OIL. 

"Dealer,"  person  selling'  oil  as  dealer. 
1917A-959. 

Escape  of  oil  causing  injury,  liability  of 
one  keeping  oil  on  his  lands.  10- 
868. 

Explosives,  use  of  kerosene  or  similar 
substance  kindling  fire  as  nuisance. 
1912A-630. 

Gasoline  or  other  explosives,  storage  as 
nuisance.     1916C-820. 

Mining  lease,  power  of  executor  to  make. 
1-406. 

— covenant  for  diligent  prosecution  of 
work  in  oil  lease.  20-1165,  1168; 
1917E-1120. 

Petroleum  as  mineral.  20-937;  1913B- 
1214. 


OIL — Continued. 

Public  lands,  withdrawal  from  settlement 
where  occupied  for  oil  or  gas  ex- 
ploration.    1918C-1009. 

Pumping  from  mine  or  well  and  per- 
mitting to  flow  on  adjoining  land, 
liability  of  mine  or  well  owner. 
1914D-70. 

Eegulation  as  to  keeping  oil  within  mu- 
nicipal limits,  validity  of  ordinance. 
1918E-146. 

"Eequire,"  legal  meaning  in  statute  re- 
lating to  payment  of  oil  inspectors. 
1912A-1239. 

Sale  of  petroleum  products,  statutory 
regulation.     18-783;    1917A-167. 

Storage  or  keeping  of  oils  as  subject  to 
injunction  as  nuisance.  14-595; 
1916C-821. 

Trademark  or  trade  name  for  oil  as  in- 
fringed by  similar  name.  1915B- 
341. 

Waste  of  petroleum  by  private  owner, 
constitutionality  of  legislation  to 
prevent.     1912C-165. 


O.K. 

Meaning  of  term  "O.  K."     1915C-197, 


OLEOMARGARINE. 

Dealer,  person  selling  as  "dealer." 
1917A-959. 

Manufacture  or  sale,  constitutionality  oiT 
state  statutes  regulating.  2-451;  17- 
1100;    1913E-413. 


OMISSIONS. 

Acknowledgments,  effect  of  omission  of 
name  of  grantor  or  mortgagor  from 
certificate.     2-990. 

Award  of  arbitrators  or  referees,  omis- 
sions therein  as  ground  for  im- 
peachment.    1918C-987. 

Bonds,  right  to  fill  in  omitted  name  of 
obligee.     1915A-409. 

Codes  and  revisions  omitting  statute  as 
implied    repeal    thereof.     5-203. 

Deeds,  grantee's  name  omitted,  right  to 
fill   in.     1912A-538;   1914D-390. 


ON  OR  ABOUT— OPINIONS. 


635 


OMISSIONS— Cdntinned. 

— grantor's  name  omitted  from  body  of 
deed,  effect.  12-203;  1912C-i050; 
1916E-521. 

Dollar-mark,  effect  of  omission  in  ex- 
pressing money  by  figures.  1915C- 
335;  1916B-542. 

Indictment  and  information,  effect  of 
omission   of  word   "did."     7-46. 

Statutes,  omission  of  enacting  clause, 
effect.     1916A-520. 

Taxation,  contract  to  search  for  omitted 
property,  power  of  county  to  make. 
4-140;   11-487. 

— notice  of  assessment  of  omitted  prop- 
erty,  right   of   taxpayer.     12-468. 

Verdicts,  absence  of  words  as  affecting 
validity.     16-475. 


ON  OR  ABOUT. 

SuflSciency  of  allegation  and  proof  with 
respect  to  time  of  personal  injury 
in  action  therefor.     1916A-217. 


ON  OR  BEFORE. 

Construction    of   phrase.     1913A-253. 

OPEN  AND  CLOSE. 

Denial    of    right,    effect.     1912D-251. 

Eight  where  only  issue  is  amount  plain- 
tiff is  entitled  to  recover.  1916D- 
958. 


OPENINGS. 

Coal-hole  in  sidewalk,  legal  liability  for 
injury  to  pedestrian.  19-466;  1917I>- 
494. 

Elevator  shaft,  contributory  negligence 
precluding  recovery  for  injury  to  in- 
tending passenger  by  fall  down 
shaft.     1914C-578. 

Stores,  liability  of  proprietor  to  cus- 
tomer for  injuries  sustained  by  fall- 
ing into  opening  in  storeroom. 
1913C-568. 


OPERA-HOUSES. 

Power  of   city   to   conduct,     1915A-758. 


OPERA  SINGERS. 

Contracts  for  services.  1914B-5. 

OPERATIONS. 

Consent  as  affecting  right  to  perform 
surgical  operation.  5-306;  8-196; 
1916C-1105. 

Failure  of  physician  to  make  test  before 
operation  as  malpractice.     191SA-883. 

Eefusal  to  submit  to  operation  as  affecting 
right  to  compensation  under  "Work- 
men's Compensation  Act.    1915D-482. 

OPIATES. 

Excessive  use  as  intoxication.  1913E- 
1105. 

OPINION  EVIDENCE. 

See  ETidence. 


OPINIONS. 

Attorney  general,  weight  and  effect  of 
opinion.     1913C-1307. 

Courts,  advisory  opinion  by  appellate 
judges,   force    and    effect.     1917A-49o. 

• — opinions  as  evidence  of  law  or  fact. 
19-404. 

— weight  and  effect  of  opinion  when  not 
officially  reported.     11-1107. 

Dying  declaration,  opinion  of  declarant 
as    admissible.     1913E-228. 

Fraud,  opinion  on  question  of  law  by 
party  to  contract  for  sale  of  land 
as  suflScient  basis  to  support  charge 
of    fraud.     1913B-1143. 

— statement  of  opinion  as  to  future 
profits  as  ground  for  action  for 
fraud.     1916D-1040. 

Life  insurance,  effect  on  policy  of  incor- 
rect opinion  answer  made  in  good 
faith  in  medical  examination.  8- 
1156. 

Municipal  ordinances,  opinions  of  mem- 
bers of  council  as  aid  to  interpreta- 
tion.    1917B-829. 

Eescission  of  contract,  statement  of  opin- 
ion as  to  future  profits  as  ground  for 
action.     1916D-1040. 

Witness,  former  expression  of  opinion  as 
proper  matter  to  be  shown  to  dis- 
credit   witness.     1914B-112. 


636    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


OPIUM. 

Federal  regulation  of  manufacture,  sale  or 
possession,  validity  and  construction  of 
act.     1917D-856. 

Illegal  sale  on  leased  premises  as  forfeiting 
tenant's  rights  under  lease.  1913C- 
1356. 

Intoxication  as  arising  from  excessive  use 
of  opiates.     1913E-1105. 

OPTICIANS. 

See  Octilists, 


OPTIONS. 

Assignment    of    option    to    purchase   land, 

right  of.     1914B-1228. 
— right    of    assignee    of   lease    to    enforce 

tenant's  option  to  purchase.     5-914. 

"Assigns,"  meaning  of  term  as  applied  to 
options.     1912A-1120. 

Brokers,  option  to  purchase  given  broker, 
rights  of  parties  to  contract  employ- 
ing broker  to  find  purchaser.  1914D- 
1205. 

— power  to  option  not  included  within 
power  to  sell.     2-423;  1914C-366. 

Destruction  or  injury  of  premises  as  af- 
fecting rights  of  parties  under  op- 
tional contract  for  purchase  of  land. 
1913A-1295. 

Equitable  conversion,  doctrine  as  applica- 
ble to  optional  contract  for  purchase 
of  land.     1913D-67. 

Executors  and  administrators,  exercise  by 
personal  representative  of  option 
given  by  decedent  as  creating  in- 
dividual liability  of  former.     1-770. 

— power  of  executor  to  give  option  for  sale 
of  testator's  realty.     1916D-451. 

Incumbrance  not  provided  for  in  optional 
contract  for  purchase  of  land,  rights 
of  parties.     1913E-923. 

Landlord  and  tenant,  renewal  of  lease, 
holding  over  by  tenant  under  lease 
giving  option  of  renewal  as  exercise 
of  option.     6-341;  19-399;  1915D-252. 

— termination  at  option  of  one  or  both  par- 
ties, construction  of  provision.  1916B- 
306;  1917E-523. 

Lease  containing  option  to  purchase,  effect 
on  option  of  taking  new  lease. 
1915A-357. 

I — validity  of  stipulation  in  lease  giving, 
lessee  option  to  purchase.     15-380. 


OPTIONS— Continued. 

Perpetuities,   rule   against   as   violated  by 
option  to  purchase  realty.     1916D-577. 

Sale  or  assignment  of  option  to   purchase 
land,  right  of.     1914B-1228. 

Specific  performance  of  optional  contracts. 
1-990;  12-90;  1913A-362. 


OR. 

Construction  of  "or"  as  "and"  in  statute  or 
ordinance.     1913A-1062. 

Wills,  construction  of  "or  as  "and."     19- 
992;  1917C-306. 


ORAL  CONTRACTS. 

Arbitration  and  award,  validity  of  parol 
submission.     1913D-199. 

Banks,  payment  or  transfer  of  deposit  in 
bank  by  oral  order.     6-632. 

Bills  and  notes,  validity  and  enforceability 
of  parol  extension  of  time  for  payment 
of  note.     1914A-103. 

Guaranty,  validity  of  oral  guaranty  by 
transferrer  of  RSgotiable  instrument. 
2-500. 

Intention  of  parties  to  contract  not  re- 
duced to  writing  as  question  for  jury. 
1913C-1310. 

Trusts,  constructive  trust  arising  from 
oral  agreement  to  hold  in  trust  or  re- 
convey  lands  conveyed  under  influence 
V  of  confidential   relations.     2-777. 

— oral  promise  by  beneficiary  in  life  in- 
surance policy  to  pay  proceeds  to  third 
person  as  enforceable  trust.     14-872. 

— parol  agreement  made  with  person  in- 
terested in  land  that  promisor  will  buy 
in  land  at  judicial  sale  and  hold  for 
benefit  of  promisee  as  implied  trust  en- 
forceable in  equity.     5-173;   12-542. 

Written  contract,  supplementing  by  proof 
of  collateral  oral  agreement.  1914A- 
454. 

ORAL  TESTIMONY. 

See  Evidence. 


OR  BEARER. 

Addition  or  substitution  of  words  as  mate- 
rial alteration  of  instrument.  1917C- 
1177. 


ORCHARDS— OSTEOPATHISTS. 


637 


ORCHARDS. 

Changing  meadow  into   orchard  as  waste. 
1918D-545. 


ORDERS. 

See  Appeal  and  Error;  Appearance;  Assign- 
ments for  Creditors;  Eminent  Domain; 
Judgments  and  Decrees;  Master  and 
Servant;  New  Trial;  Public  Service 
Commission. 

Army  and  navy,  orders  of  military  superior 
as  defense  to  civil  or  criminal  liability 
of  soldier  or  militiaman.    1917C-12,  32. 

Courts,  telephonic  transmission  of  order  of 
court,    validity.     1917B-903. 

— what  constitutes  order  of  court.  1917C- 
1041, 

Ex  parte  orders,  right  of  court  to  make 
without  formally  instituting  action. 
1913B-104. 

Forgery,  order  for  goods  as  subject  of. 
1914C-469. 

Interlocutory  order  for  payment  of  money 
as  enforceable  by  execution.  1912D- 
178. 

Lost  or  destroyed  order,  proof  of  contents 
by  parol.     1916D-254. 

State  taxation  of  business  of  taking  or&ers 
for  foreign  goods  as  attempted  regu- 
lation of  interstate  commerce.  2-699; 
14-865;  1916B-496. 

Store  orders,  constitutionality  of  acts  re- 
lating to.     1-417. 


ORDINARY  REVENUE. 

Legal  meaning  of  phrase.     1918B-208. 


ORGANIZERS. 

Public  entertainment  not  given  for  profit, 
liability  of  promoter  for  personal  in-- 
juries.     1917E-238. 


ORIGINAL  ENTRY. 

What  constitutes  in  books  of  account.     2- 
842. 


ORIGINAL  PACKAGES. 

Burden  of  proof  as  to  sale  in  original 
package  in  prosecution  for  illegal  sale 
of  intoxicating  liquors.     19130-638. 

What  constitutes  "original  package"  as  ap- 
plied to  interstate  shipments.  12- 
1116;   19120-678. 


ORNAMENTS. 

Exemption   of   wearing  apparel  as  includ- 
ing ornaments.     15-160. 


OR  ORDER. 

Addition  or  substitution  of  words,  as  mate- 
rial alteration  of  instrument.  19170- 
1177. 


ORDINANCE  OF  1787. 

Effect  on  states  carved  out  of  Northwest 
Territory.     1915D-942. 


ORDINANCES. 

See  Municipal  Corporations. 


ORDINARY. 

Meaning  as  applied  to  high  and  low  water 
mark.     17-149. 


ORDINARY  CARE. 

Instruction  defining  as  that  which  a  person 
of  reasonable  prudence  "would  use  in 
his  own  affairs,  about  his  own  business, 
in  preventing  personal  injury  to  him- 
self," propriety  of  instruction.  1914B- 
1024. 


ORPHAN  ASYLUMS. 

Exemption  from  taxation.     1912A-354. 

Municipal  power  to  take  property  as  trus- 
tee for  purpose.     17-748. 

Orphan  asylum  as  school.     1912B-1356. 

School  funds,  validity  of  expenditure  of 
funds  for  maintenance  of  orphan 
asylum.     19170-924. 

OSTEOPATHISTS. 

Discriminatory  regulation  of  osteopathists. 
1-19. 

Malpractice,  admissibility  of  evidence  by 
practitioners    of    other    schools.     1-21. 

Osteopathy  as  a  medical  or  surgical  pro- 
fession.    1-51. 

Special  regulation  of  osteopathy,  validity. 
1917B-798. 


638    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


OTHER  CAUSES. 

Judicial  notice  of  proceedings  in  other 
causes.  1^537;  1913A-140;  1915B- 
651. 


OTHER  OFFENSES. 

Arson,  proof  of  other  crimes.     1915D-174. 
Bribery,    proof    of   other    crimes.     15-195; 
1915D-181. 

Burglary,  proof  of  other  burglaries.  16- 
669. 

Convicted  prisoner,  right  to  have  finally 
disposed  of  in  passing  sentence  other 
offenses  pending  against  him.     20-873. 

Embezzlement,  proof  of  other  offenses  and 
similar   acts.     11-816. 

False  pretenses,  admissibility  of  evidence 
of  similar  transactions.  10-906;  17- 
464. 

Forgery,  proof  of  other  forgeries.  9-456; 
1912C-91. 

Intoxicating  liquors,  proof  of  other  offenses 
in  prosecution  for  violation  of  liquor 
law.     18-846. 

Kidnaping,  proof  of  similar  crimes.  14- 
693. 

Eape,  admissibility  of  evidence  of  other 
crimes.     8-459;  18-442;  1915D-164. 

Eeceiving  stolen  goods,  admissibility  of 
evidence  of  possession  of  other  stolen 
goods,      e-916;    1913D-166;    1915C-92. 


OTHER  PERSONS. 

Who  included  in  term  in  statute  against 
fraudulent    conveyances.     1912A-1156. 


OTHERS. 


Who  is  included  in  term  as  used  in  statute 
against  fraudulent  conveyances. 
1912A-1156. 


OTHER  THING. 

Legal  meaning  of  phrase.     1915A-29. 

OTHERWISE. 

Legal  meaning  of  term.     1916C-644. 


OUT-BUILDINa. 

Meaning  of  term.    1912D-1193. 

OUTHOUSE. 

Meaning  of  term.     1912D-1193. 

OUT-OF-DOOR  CLOSETS. 

Validity  of  statute  or  ordinance  regulating. 
1916D-212. 

OUTSTANDING  TITLE. 

Adverse  possession,  offer  to  purchase  or 
purchase  of  outstanding  title  by  per- 
son in  possession  of  land  as  affecting 
adverse  character  of  possession. 
1912C-955;  1917B-996. 

Tenancy  in  common,  rule  preventing  ten- 
ant from  purchasing  outstanding  title 
as  applicable  where  tenants  hold  ad- 
versely   to    each    other.     1916D-1307. 

OVERCHARGES. 

Interstate  shipment  of  freight,  jurisdiction 
of  state  court  of  action  to  recover 
overcharges.     1913D-272. 

OVERCROWDING  CARS. 

Act  of  carrier  in  permitting  ears  to  be 
overcrowded  as  constituting  nuisance, 
1918A-994. 

OVERDRAFT. 

Eight  of  bank  to  recover  money  paid  by 
mistake.     1912D-494. 

OVER-EXERTION. 

Workmen's  compensation,  disease  arising 
from  over-exertion  as  accident.  1918B- 
330. 

OVERFLOW. 

Embankment  by  riparian  proprietor  against 
overflow  from  stream  to  injury  of  other 
proprietors.     4-718. 

Overflow  from  watercourse  as  surface 
water.     3-208. 


OVERHANGING  TREES— OWNERS  OF  LAND. 


639 


OVERHANaiNG  TREES.       owNEE-contiuued. 


Eights  of  adjoining  land  owners  with  re- 
spect to  tree  on  or  overhanging  boun- 
dary line.     1918B-1157. 


OVERHEARD  CONVERSA- 
TION. 

Libel  and  slander,  privilege  of  communica- 
tion within  law  of  slander  as  affected 
by  fact  that  conversation  is  overheard 
by  third  person.     1917E-699. 

Witnesses,  right  of  person  overhearing 
privileged  communication  to  testify 
thereto.     10-178;  19I8A-441. 


OVERHEATING. 

Overheating  as  fire  within  fire   insurance 
policy,     17-1125;  1916D-228. 


OVERISSUES. 

stock  certificates,  rights  inter  se  of  corpo- 
rations and  bona  fide  purchasers.  '  5- 
251. 


OVERPAYMENT. 

Recovery  back  of   excess  freight   charges 
exacted  by  carrier.     1915B-1212. 


OVERT  ACT. 

Neceisity  for  averring  in  indictment  for 
attempt  to  commit  crime.     7-140. 


OVERWORKED  SERVANT. 

Injuries    caused    by    servant,    liability    of 
master.     14-120. 

Liability  of   master  for   injuries  received 
by  servant.     7-191;  18-844. 


OWELTY. 

Partition,  owelty  of.     1914A-650. 

OWNER. 

Intoxicating  liquors,  who  is  "owner"  un- 
der statute  providing  for  consent  or 
remonstrance  of  property  owners  to 
issuance  of  license.     16-1229. 


Ships  and  shipping,  construction  of  term 
"owner"  in  statute  limiting  liability  of 
owner  of  vessel.     11-32. 

Tenant  for  years  as  included  in  term 
"owner."     1912A-316. 


OWNERSHIP. 

Animals,  brands  as  evidence  of  ownership. 

12-414;  18-544;   1913E-133. 
— offspring  of  breeding  animals,  ownership 

of.     1916A-584. 

Arson,  ownership  of  property  burned  as  af- 
fecting crime.     1-621;  1912A-1126. 

Automobiles,  conclusiveness  of  license  reg- 
istry.    1918E-737. 

— license  number  on  motor  vehicle  as  evi- 
dence   of    ownership.     1916D-1163. 

Evidence  of  ownership,  name  on  property 

as  evidence.     1915D-353. 
— opinion  of  witness  as   to   ownership   of 

personalty,     admissibility     of     direct 

opinion.     8-832;     1912C-664;     1916D- 

289. 
Freehold    status    as    determined   by   bona 

fides   of    land    ownership.     1913D-331. 

Larceny,  declarations  as  to  ownership 
made  by  person  accused  prior  to  being 
suspected,    admissibility.     2-303. 

— mistaken  belief  as  to  ownership,  burden 
of  proof.     2-192. 

— taking  property  under  mistaken  belief  as 
to  ownership  and  afterward  convert- 
ing to  own  use  as  larceny.     1912B-340. 

Eobbery,  property  taken  from  person  other 

than  owner  as  constituting  crime.     2>- 

264. 
— taking  one's  own  property,  or  property 

believed  to  be  one's  own,  as  robbery. 

13-775. 
Tender    of   money  into   court,   ownership. 

7-97. 

"Wild  animals,  state  and  private  ownership. 
1917B-949. 


OWNERS  OF  LAND. 

1.  In  Greneral. 

2.  Rights  of  Owner. 

3.  Duties  and  Liabilities. 

A.  GeneraIaLy. 

B.  Condition  of  Premises. 

C.  Injuries  on  Adjoining  Highway. 


640    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


OWNERS  OF  LAND— Continued. 
1.    In  General. 

Blasting  by  independent  contractor,  liabil- 
ity of  owner  of  land  for  damages 
caused.     14-1161, 

Games  on  vacant  lots,  children  playing  on 

vacant  lots   as  occupying  relation  of 

licensees.     1917A-726. 
— injunction  against  owner  for  permitting 

use  of  vacant  lots  for  playing  games, 

right  of.         14-177. 

Civil  Damage  Act,  joinder  of  owner  of 
premises  with  liquor  seller  as  defend- 
ants.    14-1058. 

— liability  of  owner  of  premises  where 
liquor  is  sold  for  death  by  intoxica- 
tion.    1917B-540. 

Criminal  liability  for  nuisance  on  premises 
in  possession  of  tenant.     14-210. 

Fire-escape,  duty  to  maintain.  9-1166; 
1913E-777. 

Gaming,  recovery  from  owner  of  money 
lost  in  gambling  house.     1918E-142. 

License  tax  imposed  for  extracting  mineral 
or  turpentine  from  premises  or  cut- 
ting timber  thereon,  validity.  1918A- 
678. 

Light  or  water  furnished  to  tenant  or 
former  owner,  validity  of  statute, 
ordinance  or  regulation  making  owner 
liable.     7-1017;  11-241. 

Mechanic's  lien,  owner  as  necessary  or 
proper  party  to  foreclosure  action. 
1918B-11,  34. 

Prostitution,  validity  and  construction  of 
statute  making  owner  liable  for  use  of 
premises  for  purpose.     1917A-459. 

Working  land  for  share  of  crops,  relation 
between  owner  of  premises  and  such 
person.     1914B-148. 


OWNERS  OF  LAND— Continued. 

Collapse  of  building,  liability  of  owner  for 
injuries  caused.     18-5;  1917A-478. 

Domestic  animal  straying  on  uninclosed 
land,  liability  of  owner  as  for  negli- 
gence for  injury  to,     1917At288. 

Fire-escape,  liability  to  tenant's  employee 
for  failure  to  provide  or  keep  in 
proper  condition,     1913B-278. 

Former  owner  of  property,  liability  as  for 
negligence  for  injury  occurring 
thereon.     1912D-577. 

Inspection  of  premises  by  prospective  ten- 
ant or  purchaser  or  member  of  hia 
family,  liability  of  owner  for  injuries, 
1916A-988, 

Invitee  who  temporarily  follows  purpos* 
of  his  own,  duty  to.     17-591. 

Licensees  entering  premises,  duty  of 
owner.      1-209. 

Loading  or  unloading  cars,  persons  en- 
gaged in  as  not  bare  licensees,  1-601; 
12-119. 

Noxious  weeds,  duty  to  destroy,  1913D- 
432;  1917A-183. 

Oil  escaping  from  storage,  liability  of 
owner  of  land  for  resulting  injury. 
10-868. 

Person  going  on  premises  for  purpose  of 
selling  things  to  occupants,  liability  of 
owner.     19-425. 

Public  officer  going  on  premises  in  dis- 
charge of  official  duties,  liability  of 
owner  for  injuries.  9-1123;  21-499; 
1914B-518. 

Search  of  employment,  liability  of  owner 
to  person  injured  on  premises.  1914C- 
280. 

Third  persons,  negligent  act  committed  on 
premises,  liability  of  owner  or  occu- 
pant.    1914D-91. 


2.    Rights  of  Owner. 

Encroachment  by  overhanging  eaves,  rem- 
edy of  owner  of  land.     4-343. 

Right  of  way  of  land  owner  over  right  of 
way  across  his  land.     1915C-1192. 


3.    Duties  and  Liabilities. 

A.     Generally. 

Assault  in  removing  disorderly  person, 
liability  of  owner  or  occupant  of 
premises,     1914A-1039. 


B.    Condition   op  Premises. 

Barbed-wire  fence,  liability ,  for  injuries 
caused.     1913D-781;  1915B-856. 

Changing  condition  of  premises,  duty  of 
land  owner  to  licensee  with  respect  to. 
1915D-326. 

Dangerous  machinery,  liability  of  owner  of 
premises  for  injury  to  infant  licensee 
or  invitee.     1913A-115. 

Dangerous  substances  on  premises,  liability 
of  owner  to  trespassing  children  in- 
jured thereby,     5-503, 


OYSTERS— PARADES. 


641 


OWlsrERS  OF  LAND— Continued. 

Door  or  gate  opening  outward  in  street, 
liability  for  injury  caused.    1916E'-458. 

Excavation,  adult  licensee  falling  into,  lia- 
bility of  owner.     1913C-750. 

Pond,  pool,  well,  etc.,  liability  of  land 
owner  for  injury  to  trespassing  child, 
due  to  unguarded  condition.  7-200; 
11-990;  1913A-1032;  19160-1085; 
1917A-726;   1918B-425. 

Scaffold  erected  for  repairing  or  painting 
building,  liability  of  owner  for  injury 
resulting  to  pedestrian.     1916C-123. 

Spring-gun  or  similar  contrivance,  civil 
liability  for  injuries   caused.     19-939. 

Turnstile,  revolving  door  or  swinging  door, 


OWNERS  OF  I.AND— Continued. 

liability  of  proprietor  for  injuries  re- 
ceived  in.     16-117;    1916D-1235.  • 

C.     Injuries  on  Adjoining  Highway. 

Coal-hole  in  sidewalk,  legal  liability  for  in^ 
juries  sustained  by  pedestrian. 
19-467;  1917D^95. 

Frightening  horse  on  adjoining  highway, 
liability  of  person  using  his  own  prem- 
ises in  such  manner  as  incidentally  to 
frighten.     19120-461. 


OYSTERS. 

Private  ownership.    1917B-966. 


PACKERS. 

Implied  warranty  on  sale  of  food,  liability 
to  consumer  for  breach.     19150-144. 

Liability  in  consequential  damages  to  ul- 
timate consumer  for  unfitness  of  food 
marketed.     16-500;    1913B-1116. 


PAIN. 

Death  by  wrongful  act,  excessiveness  of  ver- 
dict for  pain  and  suffering  between  in- 
jury  and   death.     18-1239;   19150-460. 

Exclamations  and  expressions  of  pain,  ad- 
missibility in  evidence  in  actions  in- 
volving bodily  injuries.  15-799; 
1916A-830. 

Future  pain  and  suffering  as  recoverable  in 
action  for  personal  injury.     9-1051. 

— competency  of  expert  testimony  as  to 
future  pain.     21-329. 


PAINT. 

Trademark  or  trade  name  as  infringed  hy 
similar  name.     1915B-341. 


PAINTERS. 

Trade,  painter  as  engaged  in  trade. 
1916A-1200. 

Workmen's  Compensation  Act  as  applica- 
ble to  painting  employment.  1917D- 
26. 

Index  to  Notes — 41 


PAINTINGS. 

Publication  of  painting  within  copyright 
law.     12-601. 

PANIC. 

Passenger  injured  by  panic  on  street-car, 
right  to  damages.     1913D-907. 

PAPERS. 

Certification    as    true    copy,    proper    form. 

19120-942. 
Corporation,   right   of    director  to  inspect 

papers  of  corporation.     17-837;1914B- 

424. 

Exhibition  or  use  of  papers  when  not  put 
in  evidence,  as  ground  for  new  trial. 
6-229. 

Jury,  effect  on  verdict  of  papers  improperly 
in  jury-room.     6-931;  1915C-924. 

PAR. 

Construction  of  statute  prohibiting  sale  of 
municipal  bonds  for  less  than  par. 
1913E-85. 

Eight  to  sell  municipal  bonds  below  par 
in  absence  of  express  statutory  pro- 
hibition.    1914B-257. 


PARADES. 

Permission  of  city  council,  validity  of  ordi- 
nance requiring .     6-749. 

Regulation,  validity  of  statute  or  ordi- 
nance.    1916D-847. 


642     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


3>ARALLEL  RAILROADS. 


What  are  "parallel"  or  "competing" 
of  railroad.     1913A-638. 


lines 


PARALLEL  TRACKS. 

Contributory  negligence  of  passenger 
alighting  from  street-ear  and  passing 
to  rear  of  it  across  parallel  track  with- 
out looking  for  approaching  car.  6- 
705;  12-912;  1916E-998. 


PARALYSIS. 

Excessiveness  or  inadequacy  of  verdict  for 
partial  paralysis  resulting  from  in- 
juries.    1913A-1374;  1916B-434. 

Workmen's  compensation,  paralysis  from 
injury  to  spine  as  accident  arising  out 
of  and  in  course  of  employment. 
I914B-500;  1918B-779. 


PARAMOUR. 

See  Mistress. 

Life  insurance  policy  in  favor  of  paramour, 
validity.     1915B-542. 


PARCEL  CHECKING. 

Loss  or  destruction  of  article,  liability  for. 
21-97. 


PARCEL  RACK. 

Passenger  injured  by  article  falling  there- 
from,    liability     of     carrier.     21-323; 
,      1915B-269. 


PARDONS. 

Bastardy  conviction,  power  of  executive  to 
pardon   person   found   guilty.     16-3£2. 

Commutation  of  sentence,  constitutionality 
of  statute  conferring  power  on  board. 
4-1111;  20-479. 

Conditional  pardons,  power  to  grant.  7- 
92;  13-1103. 

Contract  to  procure  pardon,  validity. 
1917D-890. 

Disbarment  of  attorney  for  criminal  mis- 
conduct, right  to  disbar  as  affected  by 
pardon  granted.     1917A-1226. 


PARDONS— Continued. 

Divorce,  right  thereto  on  account  of  con- 
viction of  crime  as  affected  by  pardon. 
7-1165. 

Forfeited  office  as  restored  by  pardon. 
19-293. 

Parole,  power  of  police  judge  to  extend  be- 
yond period  of  sentence  or  to  recom- 
mit after  expiration  of  period.  1915C- 
565. 

Power  of  governor  to  pardon  as  confined 
to  offenses  against  state.  19-115; 
1914A-484. 

Eearrest  after  release  on  parole  or  condi- 
tional pardon  as  constituting  interven- 
ing period  part  of  sentence.     10-203. 

Eecital  of  offense  in  pardon,  necessity  and 
sufficiency.     3-646. 


PARENTAGE. 

Competency  of  person  to  testify  to  his  own 
parentage.     1913C-314. 


PARENT  AND  CHILD. 

1.  In  General. 

2.  Custody,  Control  and  Support. 

A.  Generally. 

B.  Custody. 

C.  Support. 

D.  Abduction  or  Seduction  op  Child. 

E.  Criminal  Liability. 

3.  Agency   Between   Parent   and   Child. 

4.  Contracts  Between  Parent  and  Child. 

5.  Torts  of  Child. 

6.  Emancipation. 

7.  Injuries  to  Child. 

8.  Injuries  to  Parent. 

See  Adoption. 

1.    In  General. 

Alienation  of  affections  of  married  child, 
liability  of  parent  to  injured  spouse. 
8-813;    9-960;    1917E-1017. 

"Child"  as  including  illegitimate  child. 
191S'B-249. 

"Children,"  meaning  of  term  as  applied 
to  beneficiaries  in  life  insurance  pol- 
icy.    15-529. 


PARENT  AND  CHILD. 


643 


PARENT  AND  CHILD— Continued. 

Beneficial  associations,  meaning  of  word 
"dependent"  as  used  to  designate 
beneficiary  in  insurance.  7-358;  17- 
867. 

— persons  included  within  term  "family." 
7-684;   11-570. 

Duress,  contract  of  parent  induced  by 
threats  of  criminal  prosecution  against 
child,  validity  and  -effect.  1917C- 
1026. 

Education  of  child,  power  of  parent  to 
select  course  of  study  or  studies  for 
child   in   public    school.     19-1192. 

— right    to    sell  infant's    real    estate    for 

education  or       maintenance       when 

parents  are  able  to  provide  for  him. 
1914B-276. 

Expulsion  of  child  from  school,  right  of 
parent  to  sue  for.     12-406. 

Family  as  including  grandchild.  1913B- 
460. 

— who  constitute  members  of  family 
within  insurance  policy  or  benefit  cer- 
tificate.    7-684. 

"Father"  as  including  stepfather.  1917B- 
1118. 

Homicide,  defense  of  parent  or  of  child 
as   justification.     13-1056 

Illegitimacy,  father  or  mother  of  illegiti- 
mate child  or  one  born  of  void  mar- 
riage  as  parent.     1913A-1246. 

Infant  defendant,  appearance  by  parent 
as  sufficient  without  appointment  of 
guardian  ad  litem.     1912D-363. 

Insurance  procured  by  parent  on  life  of 
minor  child,  right  of  parties.  1917E- 
643. 

Legitimacy  of  child  born  in  lawful  wed- 
lock, admissibility  of  evidence  of  acts 
of  illicit  intercourse  by  mother  on 
issue.     1916A-1187. 

Libel  and  slander,  communications  be- 
tween parent  and  child  as  privileged, 
1917E-S96. 

Marriage  of  child  without  consent  of 
parents,  validity.     17-94. 

Military  service,  infant  unlawfully  en- 
listed, right  of  parent  to  claim  re- 
lease from  detention  by  military  or 
naval    authorities.     16-130. 


PARENT  AND  CHILD— Continued. 

— validity  of  enlistment  without  con- 
sent of  parents.     1913C-1273. 

Naming  child,  privilege  as  valid  con- 
sideration for  contract.     11^82. 

Paupers,  who  are  within  poor  laws.  20- 
762. 

Stepfather  or  stepmother  as  included  in 
term   "parent."     1915A-869. 

Wills,  insane  delusion  as  to  paternity  of 
child  as  affecting  testamentary  capa- 
city of  parent.     1916C-18. 

Workmen's  compensation,  child  as  depend- 
ent within  act.  1913E-4S3;  1918B- 
754. 

— parent  as  dependent  within  act.  1913E- 
482;    191SB^752. 


2.    Custody,  Control  and  Support. 

A.     Generally. 

Burial  expenses  of  child,  liability  of 
parent.     1913E-929. 

Chastisement  by  parent,  remedy  of  child 
for  excessiveness.     1-131. 

Domicile  of  infant  after  death  of  father, 
1913E-1200. 

— death  of  both  parents  as  affecting  in- 
fant's  domicile.     1913E-1206. 

Punishment  of  child,  delegation  of  pa- 
rental authority  to  teacher.    12-354. 

— reasonableness  of  punishment  by  parent 
or  one  in  loco  parentis  as  question 
for    jury.     5-117. 

B.    Custody. 

Generally. 

Bastard   child,  right   to    custody.     17-474. 

Criminal  liability  of  parent  for  taking 
child  from  custody  of  another  to 
whom  it  has  been  awarded.  1914B- 
274. 

Divorce,  conflict  of  laws  as  to  custody 
of  children  after  divorce.     12-1059. 

— death  of  parent  to  whom  child  awarded 
in  divorce  proceedings,  right  to  cus- 
tody   thereafter.     21-466;    1915C-653. 

— power  of  court  in  divorce  action  to  pro- 
vide for  custody  and  support  of  chil- 
dren in  absence  of  prayer  for  such 
xeUef.     1914D-753. 


b-44    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E 


PARENT  AND  CEILD— Continued. 

— refusal    of    divorce,    right    of    court    to 

awanl     custody     of     children.     5-91; 

1912B-350, 
— res    judicata     of    divorce     decree     with 

respect   to   custody   of   child.     1916B- 

894,   914. 

Contract   Transferring   Custody. 
Contract   by    parent    transferring   custody 
of     child,     validity.     6-939;     11-217; 
1913B-886;    1916A-996. 

Oral  contract  transferring  child,  validity. 
1915B-1019. 

Services  of  minor  child,  contract  by  par- 
ent as   binding  child.     1918B-827. 

Testamentary  disposition  of  child,  right 
of  mother  to  make.     7-450. 

Habeas  Corpus. 

Considerations    in     determining    right    to 

custody    of    child    on    habeas    corpus, 

age  of  child.     1914A-754. 
— character  of  custodian.     1914A-751. 
— financial  condition  of  custodian.  1914A- 

753. 
— physical  condition  of  child.     1914A-755. 
— religious    belief    of    custodian.     1914A- 

752. 
—sex  of  child.     1914A-755. 
— wishes    of    child.     1914A-755. 

Custody  of  child  as  between  parents,  ha- 
beas   corpus    aa    remedy.     1912C-S68. 

Finality  of  order  in  habeas  corpus  pro- 
ceedings, with  respect  to  custody  of 
child.  1-260;  11-129;  1912D-361; 
1916D-511. 

Welfare  of  child  as  primary  consideration 
in  determining  right  to  its  custody 
on   habeas   corpus.     1914A-740. 

C.    Support. 

Divorce,  absence  of  prayer  for  support  of 
children,  power  of  court  to  provide 
therefor.     1914D-753. 

— custody  of  children  awarded  mother  by 
decree  but  no  provision  made  for 
maintenance,  liability  of  father  for 
support  of  children.  7-903;  14-255; 
1913C-296;   1915D-813. 

— liability  of  father  after  divorce  decree 
in  his  favor  not  providing  for  cus- 
tody or  maintenance  of  children. 
1918C-939. 


PARENT  AND  CHILD— Continued. 

— maintenance  of  children  provided  for 
in  decree  awarding  custody  to 
mother,  liability  of  father  for  sup- 
port.    12-138. 

Future  support  of  child,  right  to  on  an- 
nulment of  marriage.     14-S85. 

Parent's  support,  liability  of  child.  9- 
1019. 

Step-parent,  right  to  recover  expenditures 
for   support   from   child.     1916A-1180. 

Suretyship,  judgment  against  principal  as 
evidence  against  surety  on  bond 
given  to  secure  support  of  wife  and 
children.     1915D-410. 

D.    Abduction  or  Seduction  op  Child. 

Abduction  or  enticing  away  of  child, 
father's  right  to  maintain  civil  action 
for   damages.     1914A-896. 

— mother's  right  to  sue  therefor.  11- 
1172. 

Seduction  of  daughter,  accrual  of  father's 

right  of  action.     1-388. 
— mother's    right    to    maintain    action    for 

daughter's  seduction.     1916E-127d. 
— person   standing  in   loco   parentis,  right 

to  maintain  civil  action  for  seduction 

of   child.     1912D-299. 

E.    Criminal  Liabilitt. 

Criminal"  liability  for  failure  to  furnish 
medical  attendance  to  another,  reli- 
gious belief  as  defense.     1913B-1221. 

Manslaughter,  wilful  or  negligent  omis- 
sion to  provide  clothing,  shelter  or 
medical  aid  for  child  as  constituting. 
13-43;     1914A-577;    1916A-337.    - 

3.    Agency    Between    Parent    and    Child. 

Baggage  of  child,  right  of  father  to  re- 
cover from  carrier  for  loss  as  bag- 
gage of  articles  used  for  or  by  child. 

7-61. 

Clothing  purchased  by  minor  child,  liabil- 
ity of  parent.     1913A-967. 

Compromise  of  child's  cause  of  action, 
right  of  parent.     17-608. 

Implied  agency  of  minor  child  for  parent. 
1913C-830. 

Necessaries,  circumstances  raising  implied 
authority  in  child  to  bind  parent.  4— 
118S. 


PARENT  AND  CHILD. 


645 


PARENT  AUTD  CHILD— Continued. 

Surgical  operation   on  child,  necessity   of 
consent   of  parent.     1916C-1107. 

Wages,  payment  to  child,  silence  of  par- 
ent as  implied  assent.     9-512. 


4.    Contracts  Between  Parent  and  Clilld. 

Advancement  to  daughter,  gift  to  son-in- 
law  as  constituting.     18-546. 

Constructive  trust  arising  linder  absolute 
conveyance  between  parent  and  child. 
2-777.' 

Conveyances  inter  vivos,  child  to  parent, 
presumption  and  burden  of  proof 
of  undue  influence.     18—539. 

—parent  to  child,  presumption  and  burden 
of  proof  of  undue  influence.  17-989: 
1915D-711,-   1918B-457. 

Deed  by  parent  to  child,  presumption  of 
delivery   and   acceptance.     1912A-230. 

Gifts,  revoeability  of  completed  gift  inter 
vivos  by  parent  to  child.     6-432. 

Note  executed  by  parent  to  child,  natural 
love  and  affection  as  suflBcient  con- 
sideration.    13-165. 

—given  for  past  services  rendered  by 
one  member  of  family  to  another,  en- 
forceability.    1913A-865. 

Presumption  as  to  fraud  in  alleged  fraud- 
ulent transactions  between  parent 
end  child.     1-811. 

Services  rendered  by  child  during  minor- 
ity to  person  standing  in  loco  paren- 
tis, right  of  child  to  recover.     2(K394. 

—presumption  as  to  right  of  payment  by 
child  to  parent  who  is  not  of  same 
household.     6-512. 


5.    Torts  of  Child. 

Automobile  of  parent  driven  by  child, 
liability  for  child's  acts.  10-732;  12- 
972;  1914C-1091;  1916A-661;  1917D- 
1002;    1918E-1137. 

Insane  child,  liability  of  parent,  guardian 
or  the  like  for  torts.     1915D-224. 

Torts  of  minor  child,  liability  of  parent. 
11-367;  1912A-5S5. 


6.    Emancipation. 

Marriage    as    emancipation   of    child.     17- 
785. 


PARENT  AND  CHILD— Continued. 

Eight   of  parent  to  revoke   emancipation 
of  child.     19-330. 

Statutory  emancipation  of  infant.  1915I>- 
490. 

Sufficiency  of  evidence  to  show  emancipa- 
tion of  infant.     1917D-585. 


7.    Injuries  to   CUld. 

Death  of  child  by  wrongful  act,  age  at 
which  child  is  incapable  of  perform- 
ing valuable  services  so  that  no  lia- 
bility will  attach  for  negligent  kill- 
ing.    1913D-470;  1918D-1184. 

— excessive    verdict,   what  is.     1915C-449. 

— inadequate  verdict,  what  is.    1916B-465. 

— measure  of  damages  recoverable  by 
parent  for  death  of  minor  child. 
1912C-58;  1916B-532. 

— unborn  child,  right  to  recover  for  in- 
jury causing  death.     1914C-615. 

Illegitimate  child,  right  of  parent  to  re- 
cover for  wrongful  death.  10-810; 
1916C-720. 

Imputed  negligence,  child's  negligence  as 
imputable  to  parent.     21-143. 

— contributory  negligence  of  parent  as  im- 
putable  to   chUd.     3-704. 

• — negligence  of  one  parent  as  imputable 
to  other  in  action  to  recover  for 
death  of  child.     1914B-35. 

— parent's  negligence  as  imputable  to 
child  of  tender  years.  1-216;  11-686; 
1912D-521. 

— person  to  whom  child  is  intrusted,  neg- 
ligence as  imputable  to  parents. 
1916A-S93. 

Injury  to  child,  excessiveness  or  inade- 
quacy of  verdict  in  action  by  parent. 
16-55;    1913A-1385;   1916B-446. 

— infant  employed  without  consent  or 
contrary  to  agreement  with  parent, 
liability  of  master  to  parent  for  in- 
juries.    1913C-234. 

— loss  of  society  of  child  as  element  of 
damages  in  action  by  parent  for  in- 
juries.    18-479. 

— notice  to  municipality  as  prerequisite  to 
action  by  parent,     1916E-560. 

Torts  by  parent  against  child,  right  of 
action  of  unemancipated  child.  1- 
131;    3-3. 

"Wife  deserted  by  husband,  right  to  re- 
cover for  loss  of  services  of  child  re- 


646    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


PARENT  AND  CHIXD — Continued. 

suiting    from    negligence    of    another. 
1912A-991. 

Workmen's  compensation,  award  to  minor 
as  affecting  right  of  action  by  parent 
for  injuries  to  child.     1916D-1172. 


8.    Injuries  to  Parent. 

Death  of  parent  by  wrongful  act,  di- 
vorce of  parents  as  affecting  right  of 
child  to  recover.     1918E-419. 

— excessiveness  or  inadequacy  of  verdict. 
1915C-451,  455;    1916B-464,  465. 

— measure  of  damages  recoverable  by 
child.     3-103;   16-931. 

Unborn  child,  loss  as  element  of  damage 
in  action  for  personal  injuries  to 
woman.     19-266. 


PARI  DELICTO. 

Consideration  paid  on  executed  illegal 
contract,  recovery  when  parties  are 
in  pari  delicto.     4-714. 

Marriage,  annulment  of  void  marriage, 
right  where  parties  are  in  pari  de- 
licto.    1913D-456. 

Kule  that  where  parties  are  in  pari  de- 
licto court  will  aid  neither  as  modi- 
fied by  paramount  public  interest. 
1913I>-772. 

PARI  MATERIA. 

See  Statutes. 


PARI  MUTUEL. 

Device  as  not  constituting  infraction  of 
statute  against  banking  or  percent- 
age game.     1918A-179. 


PARISHES. 

New  parish,  creation  only  on  ratification 
by  voters  within  territory  affected, 
validity  of  statute.     1914C-626. 


PABES  AND  SQUARES— Continued. 

Changing  park  into  farm  as  waste. 
1918D-546. 

Cities,  effect  of  partial  invalidity  of  stat- 
ute relating  to  parks.     1916D-76. 

Counties,  effect  of  partial  invalidity  of 
statute   relating  to   parks.     1916D-41. 

Dedication  by  selling  lots  according  to 
map  or  plat.     17-312;   1917B-197. 

Deeds,  distinction  between  exception  and 
reservation  of  square.     18-SOl. 

Eminent  domain,  interest  acquired  in 
land  by  condemnation  as  easement  or 
fee.     1918A-812. 

— land  acquired  by  condemnation  as  giv- 
ing easement  or  fee.     20-573. 

— power  of  United  States  to  condemn" 
land  for  park.     191SE-45. 

Frontage  on  park  as  constituting  abut- 
ting property.     1-60. 

Gift  for  public  park  as  valid  charitable 
gift.     1914A-1219. 

Municipal  power  to  take  park  or  public 
square  as  trustee.     17-748. 

Negligence  in  maintenance,  liability  of 
municipality.     1915C-255;     1916E-900. 

Park  commissioner  as  municipal  officer. 
1914D-1234. 

Policeman  for  park  duty,  legal  meaning 
of  "require"  in  statute  relating  to  de- 
taUing  of   officer.     1912A-1237. 

Railroad  purposes,  right  to  use  park  or 
public  square.     21-689. 

State  regulation  and  control  of  municipal 
parks.     1912A-1069. 

PARLOR  CARS. 

See  Carriers  of  Passengers. 

PAROL  CONTRACTS. 

See    Contracts;    Frauds,    Statute    of. 

PAROL   EVIDENCE. 

See   Evidence. 


PARKS  AND  SQUARES. 

Abutting    owner,    vested    right    to    access 
to  public  grounds.     19150-177. 

Buildings,    erection    in    public    parks    and 
squares.     11-468;    21-141;    191SE-489. 


PAROLE. 

Contract     to     procure     parole,     validity. 
1917D-890. 

Eight  of  convict   after   repeal  of  statute 
authorizing  parole.     1-221. 


PARSONAGES— PAETTES  TO  ACTIONS. 


647 


PARSONAGES. 

Exemption  from  taxation.     11-1102. 

PARTIAL   INVALIDITY. 

See    Antenuptial    Agreements;     Statutes; 
WiUs. 

PARTIAL  PAYMENT. 

See  Part  Payment. 


PARTICULAR  FUND. 

Negotiability  of  instrument  as  affected  by 
reference  to  particular  fund  or  ac- 
count.    11-599;  1913C-932. 


PARTIES  TO  ACTIONS. 

1.  In  Greneral. 

2.  Proper  and  Necessary  Parties. 

3.  Joinder  of  Parties. 

i.  Addition    or    Substitution    of    Parties. 

1.    In   C^eneral. 

Absence  of  party  as  ground  for  continu- 
ance in  divorce  case.     1914B-360. 

"Any  party,"  legal  meaning.     1916E-68. 

Certiorari,  right  of  person  not  party 
to  proceeding  to  have  review.  10- 
861. 

Death  of  party,  power  of  amicus  curiae 
to  suggest.    1915A-196. 

Estoppel  by  judgment,  persons  assisting 
prosecution  or  defense  of  action. 
1916E-154. 

"Et  al.,"  in  place  of  names  in  process, 
pleadings,   etc.     14-571. 

— substitution  of  "et  al."  in  place  of 
names  in  appraisal  in  foreclosure  pro- 
ceedings.    14-572. 

Federal  Employers'  Liability  Act,  capa- 
city for  institution  of  suit  there- 
under.    1914B-137. 

Forgetfulness  of  party  as  ground  for 
opening  or  setting  aside  default  judg- 
ment.    1914B-589. 

Guardian  or  next  friend  as  party  in  suit 
involving  ward's  estate  or  rights. 
4-1 06S. 


PARTIES  TO  ACTIONS— Continued. 

Married  woman  sued  in  maiden  name, 
validity  of  judgment  rendered  against 
her.     16-795. 

Mental  capacity  of  party  to  fcivil  action, 
manner  of  raising  and  determining  is- 
sue.    1913A-1349. 

—right  to  show  mental  weakness  (not  in- 
sanity) of  party  to  action  without 
pleading  same.     1915B-454. 

Misconduct  of  party  after  verdict  as 
ground  for  new  trial.     12-958. 

Nonexistence  of  plaintiff  (not  corpora- 
tion) as  defense  to  action.  1917D- 
1193. 

Omission  of  proper  parties  from  mortgage 
foreclosure  proceedings,  remedy.  4- 
848. 

"Party,"  construction  of  term  in  statute 
disqualifying  judge  related  to  party. 
15-533;   1914C-972. 

Penalty  for  violation  of  liquor  statute, 
plaintiff  in  action  for.     1916E-871. 

Persons  not  in  being,  representation  by 
relation.     2-790. 

Physical  examination  of  plaintiff,  power 
of  court  to  order.  1-266;  4-611;  11- 
844;   1915D-767. 

Replevin,  general  rules  as  to  parties.  1- 
984. 

Representative  capacity,  necessity  of  al- 
leging in  complaint.     1916E-114. 

Subrogation  by  insurance  company,  right 
of  action  in  own  name.     1-885. 

Surname  under  which  one  may  or  must 
bring  action.     5-894. 

Witness,  adverse  party  called  as  witness, 
right    to    impeach.     1914B-1123. 


2.    Proper  and  Necessary  Parties. 

Agency,     agent    of    undisclosed    principal 

as  constituting  real  party  in  interest. 

6-556;    1917A-454. 
— undisclosed   principal   not   sole   party  in 

interest   to    contract    made    by   agent, 

right  to  sue  on.     13-955. 

Alienation  of  affections,  parties  to  action 
by    wife.     1912C-1181;    1916C-750. 

Appeals,    parties    entitled    to    notice.     13- 
181;   21-1277. 


648    INDEX  TO  THE  ?IOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


PAETIES  TO  ACTIONS— Continued. 

— person  not  party  or  privy  to  judgment 
below  as  proper  party  defendant  to 
writ  of  error.     5-630. 

— surety  najned  in  judgment  but  not 
otherwise  party  to  suit  as  proper  or 
necessary  party  to  appeal  or  error  to 
review  judgment.     19140-1120. 

Bills  find  notes,  nominal  holder  of  promis- 
sory notj,  right  of  action  thereon 
under  real  party  statutes.  1-833; 
1917A-490. 

' — right  of  holder  of  bill,  note  or  check 
for  collection  to  sue  in  own  name. 
1913B-477. 

Contempt  proceedings  1^  federal  court, 
parties  to.     1915D-1053. 

Corporations,  dissolution,  necessity  of 
making  all  stockholders  parties  to  ac- 
tion by  minority  stockholder  to  dis- 
solve.    1918E-431. 

Discovery,  parties  against  whom  bill  may 
be  maintained.     11-579;  20-906. 

Ejectment,  land  held  under  adverse  pos- 
session, grantor  and  grantee  as  par- 
ties plaintiff  in  action  to  recover. 
1915D-527. 

—necessary  parties  defendant  in  eject- 
ment, joinder  of  tenant  with  landlord. 
12-531. 

Execution  sales,  injunction  against  sale, 
necessary  or  proper  parties.  1918C- 
290. 

—setting  aside  sheriff's  sale,  plaintiff  in 
execution  as  necessary  party.     5-260. 

Insurance  policy  covering  mortgaged  prop- 
erty with  loss  payable  to  mortgagee, 
who   may   sue.     4-543. 

Judicial  sale,  parties  in  original  proceed- 
ing as  entitled  to  notice  of  vacation. 
1914r)-757. 

Mandamus  involving  title  to  office,  neces- 
sary  parties   respondent.     2-553. 

— ^proceedings  to  review  decision  of  tax 
official  or  board  as  to  assessments, 
parties.     1912B-787. 

Mechanics'  liens,  necessary  or  proper  par- 
ties in  foreclosure  proceedings. 
191SB-3,   28,   31,   34,   41. 

Mortgage  foreclosure,  mortgagor  who  has 
conveyed  interest  in  premises  as 
party  to  foreclosure  proceedings. 
1913A-83. 


PAETIES  TO  ACTIONS— Continued. 

Promise  to  assume  debt  of  another  as  en- 
forceable by  creditor  of  promisee. 
18-392. 

Quo  warranto,  proper  parties  defendant  in 
proceedings  against  corporation. 
1913A-570;    191Sr)-228. 

Eeplevin,  general  rule  as  to  parties  in  re- 
plevin.    1-984. 

Ships  and  shipping,  parties  to  proceeding 
to  limit  vessel  owner's  liability. 
1913D-1235. 

State  or  municipal  securities  and  obliga- 
tions, necessary  parties  in  action  to 
determine  validity.     5-858. 

Subrogation,  right  of  insurance  company 
to  enforce  by  suit  in  own  name.  1- 
883;  18-710;  1918A-S34. 

Taxpayer's  action,  necessary  and  proper 
parties  plaintiff  and  defendant. 
1913C-911. 

Tenants  in  common,  right  of  one  tenant 
to  sue  for  injuries  to  premises. 
1918A-60S. 

Torrens  Act,  registration  proceedings. 
12-836;    1913C-874. 

Unincorporated  association  suing  in  as- 
sociation name,  right  to  in  absence 
of  permissive   statute.     3-699. 

Virtual  representation,  equitable  doctrine. 
1913C-654;    1918B-432;    1918C-345. 


3.    Joinder  of  Parties. 

Bills  and  notes,  joint  action  against 
maker  and  indorser  of  promissory 
note,  right  to  maintain.     1912D-1201. 

Bonds,  joint  obligees  of  bond,  necessity 
that  all  join  in  action  on  bond.  15- 
1061. 

Civil  damage  act,  joinder  of  defendants 
in     action    thereunder.     14-1057. 

Criminal  law,  joinder  of  two  or  more  de- 
fendants in  indictment  for  violation 
of    license    statute.     1918A-571. 

Ejectment,  joinder  of  remainderman  and 
life  tenant  in  action  of  ejectment. 
1912C-241. 

Gaming,  joint  action  by  loser  against 
persons   winning  bet.     8-189. 

Husband  and  wife,  action  relating  to 
property  held  by  both  spouses, 
joinder    of    spouses.     6-361. 


PARTITION. 


649 


PARTIES  TO  ACTIONS— Continued. 

— loss  of  earnings  of  wife,  joinder  of  hus- 
band and  wife  in  action  for.     4-209. 

Landlord  and  tenant,  joinder  of  landlord 
in  actions  by  or  against  tenant. 
5-62. 

Libel  and  slander,  joinder  of  defendants 
in  action  for  libel.     1912A-215. 

Mandamus,  who  may  join  as  relators  in 
proceeding.     1912B-420;     1918C-873. 

Master  and  servant,  joint  action  against 
master  and  servant  for  negligent  or 
other  act  of  servant.     10-756. 

Misjoinder,  defect  or  want  of  legal  ca- 
pacity to  sue,  as  waived  by  filing 
answer  in  overruling  of  demurrer. 
1913B-390, 

Money  had  and  received,  joint  action 
against  several  defendants  as  main- 
tainable.    1913A-935. 

Partnership,  joinder  of  nominal  partner 
as  plaintiff  in  action  by  partnership, 
necessity  of.     8-369. 

Person  having  no  interest  in  subject 
matter,  joinder  as  party  plaintiff, 
effect   on  action  at  law.     1912A-7i2. 

Pollution  of  stream  by  persons  acting 
independently  as  authorizing  joinder 
in    action    for    damages.     10-773. 

Quo  warranto  proceedings,  joinder  of  par- 
ties.    1918D-214. 

Eemoval  of  causes,  fraudulent  joinder  of 
parties,  right  of  state  court  to  de- 
termine fact  on  petition  for  removal. 
1912A-238. 

Tort,  effect  of  misjoinder  of  defendants 
in  action  for  tort.     14-1142. 


4.    Addition  or  Substitution  of  Parties. 

Amendment  of  pleading  changing  char- 
acter in  which  defendant  is  sued  as 
bringing    in    new    party.     10-150. 

— right  to  amend  action  by  adding  new 
parties     plaintiff.     1916C-591. 

Capacij;y  in  which  plaintiff  sues,  right  to 
amend  so  as  to  change  from  repre- 
sentative to  individual  one  or  vice 
versa.     1916C-401. 

Continuance,  amendment  of  pleading  so 
as  to  change  parties  or  designation 
of  parties  as  ground  for  cotitinuance. 
1914A-1273. 


PARTIES  TO  ACTIONS— Continued- 

— divorce  case,  continuance  where  new 
party   has   been   added.     1914B-361. 

Cross-bill  bringing  in  new  parties,  right 
to.     20-1151. 

Personal  representative  substituted  for 
widow  in  action  for  death  by  wrong- 
ful act  as  commencement  of  new  ac- 
tion.    1917D-908. 

Eeceiver  substituted  as  party  in  pending 
action.     1915C-1249. 

Substitution  or  addition  of  new  plaintiff 
suing  for  use  of  original  plaintiff, 
right  to  amend  petition  or  complaint. 
1913B-110. 


PARTITION. 

1.  In  General. 

2.  Who  Entitled  to  Partition. 

3.  Property  Subject. 

4.  Partition  by  Act  of  Parties. 

5.  Actions. 

1.    In   General. 

Estoppel  of  purchaser  of  tract  allotted 
to  party  in  partition  proceedings  to 
deny  title  of  another  party  to  an- 
other part  of  land  divided.  1915A- 
949. 

Insured  property,  sale  on  partition  as 
breach  of  condition  against  sale.  2- 
358. 

Owelty   of  partition.     1914A-650. 

Eemainders,  partition  of  estate  as  de- 
stroying contingent  remainder  to  un- 
born  person.     1917A-907,    914,   925. 

Tenants  in  common,  right  of  one  tenant 
to  buy  common  property  on  parti- 
tion sale.     17-1172. 

2.    Who  Entitled  to   Partition. 

Dowress,  right  to  partition  of  premises. 
19-810. 

Entireties,  right  of  spouse  to  maintain 
action  for  partition  of  estate. 
1913E-888. 

Homestead,  right  of  husband  or  wife 
after  divorce  or  separation  to  parti- 
tion.    6-954. 

Insolvent's  property,  right  of  trustee  in 
bankruptcy    or    assignee    for    benefit 


650    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


PAETITION— Continued. 

of    creditors    to     sue    for    partition. 
16-560. 

Purchaser  at  execution  sale  of  realty, 
right  to  maintain  action  for  parti- 
tion.    1915D-1097. 

Eemainderman  or  reversioner,  right  to 
partition   of   property.     21-264. 

Tenant  in  common  of  life  estate  only, 
right  to  partition.     11-1040. 

—testamentary  restriction  on  right  of 
tenant  in  common  to  partition. 
1916r)-1270. 

Waiver  of  right  by  cotenant  by  express 
or  implied  agreement.  1913E-402; 
1916D-928. 


3.    Property  Subject. 
Cemetery  lot,  partition  of.     12-976. 

Church    property,    partition    between    fac- 
tions of  religious  society.     20—410. 

Entirety   estates   as   subject   to    partition. 
5-537. 

Mining   interests   and   mining  rights,   par- 
tition.    15-778;  1917D-130. 

Property    subject    to    lease    for    term    of 
years,  right  to  partition.     9-1029. 

Eailroad    right    of    way,    right    to    parti- 
tion.    1914A-393. 

Standing      timber,      right      to      partition. 
1912r)-587. 

Trust      property,      right      to      partition. 
1912C-327. 


4.    Partition  "by  Act  of  Parties. 

Agreement  between  tenants  in  common 
for  partition  as  binding  on  judgment 
creditor    of   one    tenant.     1913A-1146. 

Deed  to  husband  and  wife  for  purpose 
of  effecting  partition  as  creating  ten- 
ancy  by   entirety.     1912C-928. 

Parol  partition  of  lands,  validity.     8^03. 
— Spanish  or  Mexican  law,  validity  under. 
8-407. 

5.    Actions. 

Attorneys'    fees,    allowance    in    partition 

proceeding.     12-854. 
—lien   for   fees   on   land   which   is  subject 

matter    of   partition.     9-627. 


PAETITION— Continued. 

Decree  as  binding  on  persons  not  in  being 
but  thereafter  born.     2-792. 

Intervention  in  action,  right  of  adverse 
claimant.     20-82. 

Jury  trial,  right  to  in  partition  proceed- 
ings.    21-1300. 

Land  in  another  jurisdiction,  power  of 
court    to    partition.     1912B-991. 

More  than  one  parcel  of  realty^  right  to 
partition    in   single    action.     17-1163. 

Process,  service  by  publication  in  action 
for,    partition,    validity.     1916E-1002. 

PARTNERSHIP. 

1.  In  General. 

2.  Eights   and  Liabilities  Inter  Se. 

A.  Geneeally. 

B.  Dissolution. 

C  Accounting  ani>  Compensation. 
D.  Actions. 

3.  Eights  and  Liabilities  as  to  Third  Per- 

sons. 

A.  Genebally. 

B.  CONTHACTS  AND  CONVEYANCES. 

C.  Effect  of  Dissolution, 

D.  Actions. 

4.  Firm  Eealty. 

1.    In    General. 

Alienation  by  or  to  partner  as  change 
in  title  or  interest  within  condition 
in  fire  insurance  policy.     1916B-948. 

"Citizen,"  firm  as  included  in  term. 
1917C-878. 

Creation  of  partnership,  intent  as  essen- 
tial.    1916E-440,  444,  449. 

Crop-sharing,  relation  between  owner  of 
premises  and  person  working  land. 
1914B-148. 

Death  of  partner,  business  carried  on 
according  to  partnership  articles  or 
deceased  partner's  will  or  by  ar- 
rangement with  heirs  or  representa- 
tives, as  creation  of  new  partnership 
or  continuance  of  old  one.  1913B- 
933. 

Embezzlement  by  member  of  firm.  14— 
724. 

— sufficiency  of  indictment  with  refer- 
ence   to    allegations    of    ownership    in 


PARTNERSHIP. 


651 


PARTNERSHIP— ContinuecL 

embezzlement   from    partnership.     18- 
343. 

Evidence,  general  reputation,  admissi- 
bility of  evidence  to  prove  existence 
of  partnership.     4-817. 

— ^knowledge  of  another  person  of  ex- 
istence of  partnership,  competency  of 
witness  to  testify  to.     21-1076. 

Fictitious  partnership  name,  what  is. 
10-812. 

Forgery,  firm  name  signed  by  partner  as 
forgery.     1912B-702. 

Freeholder,  partner  as.     1913D-328. 

Husband  and  wife,  validity  of  partner- 
ship -between   spouses.     4-868. 

Larceny  from,  sufficiency  of  allegation  in 
indictment  as  to  ownership  of  prop- 
erty.    18-1122. 

Mining  and  ordinary  partnerships,  dis- 
tinction between.  4-267;  1914D- 
1191. 

Municipal  corporation,  power  to  enter 
into  contract  for  joint  construction 
of   improvement.     1916C-909. 

Public  officer,  assignment  to  firm  by  part- 
ner of  salary  or  fees  as  public  officer. 
4-426. 

— division  of  salary,  validity  of  con- 
tract   providing    for.     1914D-820. 

Sharing  losses,  agreement  as  essential  to 
existence  of  relation.     1913B-1335. 

Taxation,  interest  of  deceased  partner, 
situs    for   purpose.     9-692. 

— place  of  taxation  of  partnership  prop- 
erty.    1912B-758. 

Trade  name  of  partnership,  infringement 
by   use   of   similar   name.     1915B-373. 

Trading  and  nontrading  partnerships,  dis- 
tinction  between.     1916A-206. 

Workmen's  compensation,  partner  as 
constituting  workman  under  English 
act.     1913C-S1. 


2.     Rights    and   Liabilities    Inter    Se. 

A.     Generally. 

Alien  enemy,  rights  and  liabilities  with 
respect  to  partnership  interest. 
191SC-715;    1918D-583. 

Bulk  sales,  sale  of  part  interest  in  busi- 
ness   to    partner    or    fox    creation    of 


PARTNERSHIP— Continued. 

partnership  as  within  purview  of  law. 
1914B-1105. 

Competitive  business,  right  of  partner  to 
carry  on  business  in  competition  with 
firm.     1916E-993. 

Contribution  between  partners,  right  of. 
1916D-820,   842,   846. 

Deceased  partner's  interest,  right  of 
surviving  partner  to  purchase. 
1917C-946. 

Good  faith  toward  each  other,  duty  as 
applicable  to  sale  of  partnership  in- 
terest by  one  to  another.  1912D- 
1245. 

Goodwill,  right  of  partner  to  dispose  of 
firm's.     20-582. 

Individual  debt,  application  of  firm  prop- 
erty by  partner  to  payment  without 
consent    of    other    partners.     3-151. 

Insurable  interest  of  partner  or  firm  in 
life    of   member    of    firm.     1912A-300. 

Interest  on  capital  or  other  funds  due 
partner  from  firm,  right  to.  1913A- 
173. 

Leases,  renewal  by  one  partner  as  rais- 
ing   implied    trust   for    others.     7-297. 

Loss  occasioned  by  wrongful  act  of  part- 
ner,  liability   to   firm.     1915D-77. 

Majority  of  partners,  power  to  bind  firm. 
1916C-110. 

Negligent  act  of  firm  causing  loss  to 
partner,  right  of  latter  to  recover 
from  firm.     1912C-965. 


B.    Dissolution. 

Alien  enemies,  effect  on  partnership  of 
partner  becoming  alien  enemy. 
1917C-202. 

Capital  of  firm,  respective  rights  of  part- 
ners on  dissolution,  17-701;  1913B- 
1161. 

Effect  on  right  of  partner  to  dissolve 
partnership  of  clause  in  agreement 
providing  for  termination  by  mutual 
consent  only.     19-383. 

Fraud  in  formation  as  ground  for  dis- 
solution or  rescission  of  partnership. 
10-695. 

Mental  or  physical  incapacity  of  partner 
as  ground  for  dissolution.  1913D- 
1148. 


652    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


PARTNERSHIP— Continued. 

Misconduct  of  partners  as  ground  for 
dissolution.     4-460. 

Notice  of  dissolution  to  former  patrons, 
sufficiency    of.     9-243;     1915A-1104. 

Retiring  partner,  relation  as  surety  upon 
dissolution  of  partnership.  1-725; 
11-1028. 

Surviving  partner,  liability  for  interest 
on  share  of  deceased  partner.  4-180; 
1916B-873. 


C.    Accounting  and  Compensation. 

Extraordinary  services,  right  of  surviving 
partner  to  compensation.  5-664; 
1916B-873. 

Illegal  partnership  transactions,  right  of 
partner  to   accounting.     18-407. 

Limitation  against  action  for  account- 
ing and  settlement  after  dissolution, 
running       of       statute.     1918D-1107. 

Liquidating  or  winding  up  partner,  right 
to  compensation  for  services.  20- 
1059. 

Secret  profits  of  partner,  duty  to  account. 
1914D-433. 

D.    Actions. 

Advance  made  to  partner  by  firm,  right 
of  action   at  law  to  recover.     19-255. 

Arrest  of  copartner  in  civil  action  aris- 
ing out  of  partnership  transaction, 
right   of   partner.     6-109. 

Covenant  between  partners  against  retir- 
ing partner  engaging  in  same  busi- 
ness, injunction  as  remedy  for  breach. 
15-694;   1916C-189. 

Preliminary  partnership  agreements,  ac- 
tions   on   between    partners.     1-835. 

Single  unadjusted  claim,  right  of  action 
at  law  between  partners  after  dis- 
solution   and    accounting.     8-768. 

S.    Eights    and    Liabilities    as    to    Third 
Persons. 

A.    Generally. 

Alleged  partnership  not  actually  existing, 
priority  between  individual  and  firm 
creditors  with  respect  to  firm  assets. 
1912A-49. 

Bankruptcy,  discharge  of  individual  part- 
ner in  bankruptcy,  effect  upon  lia- 
bility for  partnership   debts.     3-800. 


PARTNERSHIP— Continued. 

— individual  property  of  nonbankrupt 
partner  as  asset  of  bankrupt  part- 
nership.    13-996;    1916A-744. 

— property  of  partnership  applied  on  debt 
of  individual  partner  as  voidable 
transfer  under  Bankruptcy  Act.  15- 
65. 

— solvency  of  partnership  within  bank- 
ruptcy law  as  dependent  on  solvency 
of   individual   partners.     11—451. 

Fraud  committed  by  copartner,  liability 
of  partner.     1912A-1337. 

Insolvency  of  firm  and  members,  in- 
dividual assets,  right  of  firm  cred- 
itors as  against  individual  creditors 
to  share  in.     1915C-1176.     . 

Intoxicating  liquors,  illegal  sale  by  part- 
ner,   liability    of    copartner.     8-276. 

— licenses,  rights  of  partners  under  liquor 
license.     10-910;    1913A-847. 

Libel  or  slander,  liability  of  partner- 
ship.    21-484. 

— mental  suffering  as  element  of  damages. 
1914C-295. 

Limited  partnership,  posting  names  of 
partners,  construction  of  statutory  re- 
quirement.    1913B-917. 

Negligence  of  partner,  liability  of  firm 
of  physicians.     16-353. 

Ostensible  partner,  persons  as  to  whom 
estopped  to  deny  partnership  rela- 
tion.    10-135. 

Promise  to  pay  debt  of  firm  as  part  of 
purchase  price  of  partnership  prop- 
erty as  valid  under  statute  of  frauds. 
12-1103. 

Setoff  of  partnership  debt  against  claim 
by  individual  partner,  right  to. 
1915C-809. 

Tort  of  partnership,  liability  of  partners 
as  joint  and  several.     1914A-802. 

B.    Conteacts  and  Conveyances. 

Acceptance  of  obligation  of  one  partner 
for  firm  debt  as  discharging  other 
partners.     1915C-1201. 

Acknowledgment  of  instrument  executed 
by  firm,  sufficiency.     1913A-1084. 

Change  in  firm  as  discharging  guaranty 
thereto.     15-1020. 

Discharge  of  partner  from  liability  on  ac- 
count    of    partnership     debt     as     dis- 


PARTNERSHIP. 


653 


PAETNERSHIP— Continued. 

charge     of     other     partners.     1912D- 
624. 

Failure  of  partnership  to  comply  with 
statute  regulating  doing  of  business 
as  affecting  validity  of  contract  en- 
tered into.     1913C-700. 

Frauds,  statute  of,  agreement  for  pur- 
chase and  sale  of  land  as  within 
statute.    7-1142. 

Indorsement  of  bill  or  note,  effect  of 
notice  of  dishonor  as  to  part  only 
of    partnership   indorsers.     1912D-355. 

Law  partnership,  liability  of  one  attor- 
ney for   act   of   partner.     1917B-16. 

— power  of  member  to  bind  firm  for  pur- 
chases or  on  negotiable  paper.  6- 
129. 

•—wrongful  retention  of  money  by  one 
partner  as  sulijecting  other  to  dis- 
barment.    17-694. 

Note  executed  in  name  of  single  partner, 
liability  of  partnership.     1912A-618. 

Sealed  note,  power  of  member  of  com- 
mercial partnership  to  bind  firm  by 
execution.     14-548. 

Witness  to  deed  or  mortgage,  copartner 
of  party  as  competent  witness.  15- 
592. 


C    Effect  of  Dissolution. 

Admission  by  partner  after  dissolution 
as    binding    copartner.     15-938. 

Employment  contract  as  affected  by  death 
of   one   of   partners.     1913E-904. 

Executor  de  son  tort,  when  surviving 
partner    chargeable    as.     1917E-22. 

Judgment  in  favor  of  partnership,  effect 
of    death    of    partner.     10-956. 

Law  partnership,  executory  contracts  as 
affected  by  death  of  member  of  firm. 
1-401. 

Mechanic's  lien,  right  of  surviving  part- 
ner as  assignee  of  lienable  claim. 
21-963. 

Mining  partnership,  liability  of  retiring 
member.     16-304. 

Surviving  partner,  power  to  sell  or  mort- 
gage firm  assets.     4-472;   6-35. 

Wages  for  unexpired  contract  period, 
liability  of  partnership  on  going  out 
of  business.     6-236. 


PAETNEESHIP— Continued. 

D.    Actions. 

Execution  sale  to  enforce  rights  arising 
out  of  partnership  transaction,  in- 
junction   against.     1918C-220. 

Judgment  on       partnership       obligation 

against  one    partner    as    bar    to    suit 

against  copartner.     8-315;       1915C- 

528. 

Misnomer  of  defendant  partnership  in 
publication  notice  as  affecting  juris- 
diction   of   court.     1913B-1256. 

Nonresident  partnership,  service  on  agent, 
validity  of  statute  providing  for. 
1916D-813. 

Parties,  necessity  of  joining  nominal 
partner  as  party  plaintiff  in  action 
by  partnership.     8-369. 

Personal  judgment  against  partner  in 
action  against  firm,  right  to.  1918I>- 
1136. 

Pleading,  necessity  of  alleging  fact  of 
partnership  in  action  against  persons 
composing    partnership.     1912A-512. 

Service  of  process  on  single  partner  in 
action  against  partnership,  suffi- 
ciency.    20-1238;    1914A-389. 

.Transactions  with  deceased  partner,  com- 
petency of  opposing  party  in  action 
by  or  against  surviving  partner  to 
testify  to.     1916B-568. 


4.    Firm  Eealty. 

Agreement  of  partnership  for  purchase 
and  sale  of  lands  as  within  statute 
of  frauds.  7-1142;  13-140;  1913E- 
567. 

Conveyance  of  partnership  realty,  power 
of  partner  to  bind  firm.     1918E-1188. 

Deed  conveying  realty  to  partnership  in 
firm    names,    effect.     4-604;    19-948. 

Disposition  of  realty  on  dissolution  of 
firm  by  death  of  partner.  1912D- 
1207. 

Dower  rights  in  partnership  lands. 
1912A-410. 

Putative  wife,  rights  in  partnership 
property.     1913A-244. 

Eealty  as  personalty,  agreement  or  im- 
plied intention  of  parties  as  deter- 
mining.    11-269. 


654    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


PARTNERSHIP— Continued. 

Title  derived  by  partners  from  common 
source,  right  of  one  to  assert  para- 
mount title  as  against  other  part- 
ner.    16-652. 


PART  PAYMENT. 

Accord  and  satisfaction,  claim  against 
government,  state,  county  or  mu- 
nicipality, part  payment  as  satis- 
faction.    1914D-824. 

— disputed  claim,  part  payment  as  satis- 
faction.    1-801;    16-194;    1915A-951. 

— ^part  payment  with  receipt  in  full  as 
satisfaction  of  liquidated  and  undis- 
puted debt.     5-525;   1917A-130. 

Bankruptcy,  part  payment  as  new  prom- 
ise sufficient  to  revive  debt  dis- 
charged in  bankruptcy.     19-147. 

Limitation  of  actions,  bills  and  notes, 
part  payment  by  trustee  in  bank- 
ruptcy of  personal  representative  of 
joint  maker  of  note  as  removing  bar 
.   of  statute  as  to  other  makers.     11-59. 

— ^judgment  or  judgment  debt,  effect  of 
part    payment    to    revive.     9-254. 

— mortgage  given  to  secure  debt,  pay- 
ment on  barred  debt  as  reviving  lien. 
1912B-508. 

— ^part  payment  in  full  satisfaction  of 
debt  as  removing  bar  of  statute  as  to 
part   not    paid.     14-213. 

'—suspension  of  limitation  statute  as  to 
surety  by  part  payment  by  princi- 
pal with  consent  of  surety.  191 6I>- 
327. 


PARTY-WALLS — Continued. 

Grantee  of  builder  of  wall,  right  to  re- 
cover for  use  thereof.  8-292;  15- 
176. 

Liability  of  adjoining  land  owner  for  use 
in  absence  of  agreement  to  con- 
tribute.    15-1107;  1916E-1165. 

Purchaser  from  person  promising  to  con- 
tribute to  cost,  liability  to  pay  pro- 
portion of  cost.     11-527;   1916B-1215. 

Termination  of  right  to  maintenance  of 
party-wall.     1916C-374. 

Use  of  party-wall  beyond  middle  line,  right 
of  owners.     8-319. 


PASSAGEWAYS. 

Common  to  tenants,  duty  of  landlord  to 
light.  14-764;  19-667;  1914D-o92; 
1917E-596. 

Master's  liability  to  servant  for  injuries 
resulting  from  insufficiently  lighted 
passageway.     20-3. 


PASS-BOOKS. 

Duty  of  bank  depositor  to  examine  pass- 
book and  vouchers.  17-122;  1914D- 
465. 

Possession  of  pass-book  as  excusing  wrong 
payment  by  savings  bank.     2-259. 

Savings  bank  depositor,  right  to  recover 
deposit  without  production  of  pass- 
book.    1914D-23. 


PARTY  AFFILIATION. 

Change   by   voter   of   enrollment   or   regis- 
tration.    1917A-1278. 

Eligibility      to 
1915A-594. 


office     as     affected     by. 


PARTY-WALLS. 

Contribution,  use  of  wall  as  inclosure  of 
user's  building  as  rendering  user 
liable.     1913A-769. 

Conveyance  of  part  of  premises,  rights 
of  parties  with  respect  to  division 
wall.     1918C-879. 

Easement  in  party-wall  by  prescription, 
creation  and  extent.     11-629. 


PASSENGER-CAR. 

See  Carriers  of  Passengers. 

Term   "ear"   in  Safety   Appliance   Act   as 
including    passenger-car.     1914D-46. 

PASSENGERS. 

See  Carriers  of  Passengers. 

Accident  insurance,  meaning  of  term  "pas- 
senger" in  policy.     19loA-845. 


PASSES. 

Baggage  of  gratuitous  passenger,  liability 
of  carrier  with  respect  to.  1912C- 
€29. 


PASSION— PATENTS. 


655 


PASSES— Continued. 

Constitutional  or  statutorv  provisions 
against  gift  or  receipt  of  free  railroad 
transportation.     17-662;    1915D-559. 

Conveyance  ef  land  in  consideration  of 
pass,  validity  and  construction  of 
agreement  by  railroad  to  give.  21- 
597. 

Drover's  pass,  liability  of  carrier  to  person 
riding  on  pass.     6-799. 

— stipulation  exempting  carrier  from  lia- 
bility for  negligence,  validity.  5- 
768;  1914A-678. 

Exemption  from  liability  for  negligence, 
validity  of  stipulation  in  free  pa^s. 
4-557;   12-584;   1915C-623. 

"Family,"  meaning  in  Interstate  Commerce 
Act  authorizing  issuance  of  free  ticket 
to  railroad  employees  and  families. 
1916B-326. 

Injury  to  free  passenger,  liability  of  car- 
rier.    6-669;    10-870;    1914B-1209. 

Liability  of  carrier  to  person  riding  on  free 
pass.     4-1131;   12-677. 

Militia  or  other  state  or  public  oflBcers,  va- 
lidity of  statute  requiring  carrier  to 
transnort  free  or  at  reduced  rates. 
1913E-498. 

Partial  invalidity  of  statute  relating  to 
passes,  effect.      1916D-85. 

Pass  fraudulently  procured  or  under  which 
passenger  has  no  right  to  transporta- 
tion, liability  of  railroad  company  to 
person  riding  on.  20-1227;  1913E>- 
235. 


PASSION. 

Degree  of  mental  disturbance  essential  to 
reduce  felonious  killing  to  man- 
slaughter.    9-929. 

Excessive  verdict  due  to  passion  as  sub- 
ject  to  remittitur.     3-939;   1912C-509, 


PAST  INJURIES. 

Injunction  as  remedy.     1913D-968. 

PASTOR. 

See  Ministers  of  GospeL 


PASTURE  LANDS. 

Waste  by  changing  pasture  land  into  arable 
land,  brush  or  wood  lot,  or  by  changing 
meadow  or  wood  land  into  pasture. 
1918D-544. 


PATENT  MEDICINES. 

Civil  liability  of  vendor  or  manufacturer 
of  patent  or  proprietary  medicine  for 
injury  caused  by  use  thereof.  1914D- 
51. 

Meaning  of  "patent  medicines"  in  statute 
regulating  sale  of  poison  by  druggist. 
20-495. 


PATENTS. 

1.  In  General. 

2.  Transfer  of  Interest. 

3.  Infringement. 

1.    In  General. 

Alien  enemy,  war  as  affecting  patent 
rights.     19180-715. 

Creditor's  bill  to  reach  patent  right. 
1914B-955. 

Expiration  of  patent  as  affecting  right  to 
protection  against  unfair  competition. 
20-860. 

Jurisdiction  of  state  court  with  respect  to 
action  involving  patent  rights.  1916B- 
800. 

Master  and  servant,  right  to  invention,  as 
between  them,  where  servant  is  em- 
ployed to  embody  master's  conception 
in    practical    form.     10-553. 

Patented  articles,  municipality's  right  to 
contract  for  under  competitive  bid- 
ding contract.  3-745;  10-709;  1915B- 
460. 

— right  to  use  and  vend  patented  articles. 
1-548. 

Patent  rights  as  property.     17-390. 

Price  at  which  patented  article  shall  be 
sold,  patentee's  right  to  control. 
1915A-155;  1918A-958,  965. 

—vendor's  or  manufacturer's  right  to  con- 
trol on  resale  by  his  vendee.  1916A- 
81;  1918A^58;  1918C-451. 

"Profits,"  legal  meaning  of  word  in  patent 
law.    20-687. 


656    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


PATENTS — Continued. 

Sherman  Anti-trust  Act,  effect  on  monop- 
oly conferred  by  letters  patent, 
1912D-774. 

State  regulation  of  patent  rights.  6-159; 
8-140. 

"Thing  patented,"  legal  meaning.  1915A- 
32. 

Transfer  of  patented  article  with  qualified 
title  as  to  its  use,  right  of  patentee. 
1913D-&04. 


PATROL. 

Fire    insurance    patrol,    liability    in    tort. 

16-1222;    1917E-684. 
— patrol   as   charitable   institution.     1917C 

797. 


PAUPERS. 

See  Poor  and  Poor  Laws. 

Poor  person  or  pauper,  who  is  within  poor 
laws.     20-756;  1916C-389. 


2.    Transfer  of  Interest. 

Assignment,  implied  warranty  of  validity 
of.     18-58. 

Implied  covenant  by  grantor  of  exclusive 
license  under  patent  not  to  derogate 
from  such  license  by  his  own  acts. 
18-978. 

Note  given  for  patent  right,  validity  of 
statute  requiring  note  to  show  con- 
sideration.    5-426. 

Oral  transfer  of  patent  or  patent  right, 
validity.     1913E-1016. 

Restraint  of  trade,  combination  for  sale  of 
patented  articles  as  constituting.  2- 
959. 

— restrictive  agreement  on  sale  of  patent 
as  combination  in  restraint  of  trade. 
9-908. 

Royalties,  invalidity  or  failure  of  patent  as 
defense  to  action  for.     14-1184. 

Sale  of  patented  articles,  implied  warranty 
as  to  title  and  right  to  use.     16-65. 


PAVILION. 

Building  restriction  against  erections  less 
•than  certain  distance  from  front  line 
of  premises  as  applicable  to  pavilion. 
1914A-12. 


PAWNBROKERS. 

"Dealer,"  sale  of  pledges  as  constituting 
pawnbroker  a  dealer.     1917A-960. 

Fraud  on  pawnbroker  as  constituting  at- 
tempt to  obtain  money  by  false  pre- 
tenses.    1917B-1236. 

License  tax,  validity  of  statute  imposing 
on  occupation  of  loaning  money  on 
chattel  security.     1914B-1197. 

State  or  municipal  regulation  of  pawn- 
brokers.    1913D-1281. 


PAY-CAR. 

Term  "car"  as  including.     1914D-46. 


3.    Infringement. 

Executor  or  administrator,  personal  liabil- 
ity to  third  person  for  infringement  of 
patent.     21-357. 

Injunctive  relief  against  infringement  as 
affected  by  comparative  injury  to 
parties.     14-21. 

Remedy  against  government  or  its  agents 
for  infringement  of  patent  rights. 
15-1109. 

Sale  of  patented  article  purchased  abroad 
as  infringement.     3-852. 


PAYMENT. 

1.  In  General 

2.  Medium  of  Payment. 

3.  Place. 

4.  Time. 

5.  Application  of  Payments. 

6.  Pleading. 

7.  Evidence. 

8.  Recovery  Back.  i 


PATERNITY. 

Exhibition  of  child  to  jury  upon  issue  of 
paternity.     6-560;  19-536. 


1.    In  General. 

Agency,  authority  of  agent  to  receive  pay- 
ment in  absence  of  express  instruction. 
9-1198. 


PAYMENT. 


657 


PAYMENT— Continued. 

— ^lack  of  possession  of  evidence  of  indebt- 
edness as  evidence  ou  question  of 
authority  of  agent  to  receive  payment. 
19-666. 

Bankruptcy,  debtor's  payment  to  bankrupt 
creditor  after  bankruptcy  proceedings, 
validity.     1914A-242. 

Bills    and    notes,    negotiation    of    note    of 

debtor    as     constituting    payment     of 

original  debt.     1917C-364. 
—what  constitutes  payment  at  bank  where 

promissory     note     is     made     payable. 

1917A-O08. 

Checks,  collection  by  bank  of  check  on  it- 
self as  payment.     1915C-664. 

—creditor's  negligence  in  presenting  cheek 
of  third  person  for  payment  as  dis- 
charging    debtor.     5-871;     1914D-357. 

— payment  on  forged  indorsement,  liability 
of  bank  to   true  holder.     1917D-10o8. 

Fraud  inducing  liquidation  of  just  indebt- 
edness as  constituting  prejudice  or 
damage.     20-179. 

Freight  charges,  requiring  prepayment  as 
unlawful  discrimination  by  carrier. 
16-621. 

Grarnishment,  payment  of  judgment  by 
garnishee,  effect  on  liability  to  princi- 
pal defendant  in  another  jurisdiction. 
I918C-829. 

Independent  contractors,  mode  of  paying 
contractors  as  test  of  independence. 
19-19;   1913B-576. 

Indorsement  of  payment  on  promissory 
note  by  holder  as  sufficient  proof  of 
part  payment  to  stop  running  of 
statute    of    limitations.     1913A-1223. 

Industrial  insurance,  "facility  of  payment" 
clause,  construction.     1918B-1193. 

Interest,  implied  interest  as  recoverable 
after  payment  of  principal  debt. 
1913E-582. 

Interlocutory  order  for  payment  as  en- 
forceable   by    execution.     1912D-178. 

Limitation  of  actions  as  affected  by  part 
payment.  See  Limitation  of  Actions. 

Part  payment,  claim  against  government, 
state,  county  or  municipality,  partial 
payment  as  satisfaction.     1914D-824. 

— computation  of  interest  on  partial  pay- 
ments.    13-711. 

' — receipt  in  full  on  part  payment  as  satis- 
faction  of  liquidated   and   undisputed 
debt.     5-52.5;   1917A-130. 
Index  to  Notes — 42 


PAYMENT— Continued. 

Passenger  fare,  what  is  reasonable  sum 
to  tender  in  payment.     10-642;  18-44. 

Payment  to  merchandise  broker  as  dis- 
charging  purchaser.     14-804. 

Eeceiver's  certificates,  enforcement  of  pay- 
ment.    1913C-57. 

Stopping  payment,  certified  check,  right 
of  drawer  to  stop.     16-213;  1917A-947. 

— ordinary  check,  right  of  drawer  to  stop 
payment.     1914A-1303. 

— telegram  as  suflBcient  direction  by  de- 
positor to  stop  payment  of  check.  13- 
468. 

Suretyship,  payment  ineffectual  by  princi- 
pal by  reason  of  forged  paper  or  vio- 
lation of  bankrupt  law,  as  effecting 
discharge  of  surety.     13-921. 

Taxes,  attempt  to  pay  frustrated  by  officer, 
effect.     17-820;   1914D-1056. 

Telegraph,  company,  liability  for  false, 
forged  or  fraudulent  message  procur- 
ing payment  of  money.  1-578;  1915D- 
245. 

Threat  of  prosecution  in  connection  with 
demand  for  payment  of  debt,  criminal 
liability.     1917E-246. 

Wrong  person,  liability  of  savings  banks 
for  payment  to.  1-100;  2-259;  14- 
481. 


2.     Medium  of  Payment. 

Acceptance  by  judgment  creditor  of  note 
of  third  person  as  extinguishing  judg- 
ment.    19-482. 

Bank  notes  as  money.     4-630. 

Bills  and  notes  negotiability  of  promissory 
note  as  affected  by  medium  of  pay- 
ment.    1912D-8. 

Cash  payment,  waiver  by  extension  of 
time  or  failure  to  exact  on  delivery 
of  goods.     11-547. 

Check  or  draft  received  by  agent  without 
authority  as  constituting  payment.  9- 
1198. 

— part  payment  by  check  as  satisfaction 
of  disputed  claim.     16-194;  1915A-953. 

Commodity  or  specified  articles  deliver- 
able as  payment  of  contract,  recovery 
for  breach.     1916A-965. 

Compromise  of  claim  by  attorney,  right 
to  accept  other  than  cash.     21-581. 


658    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E, 


PAYMENT— Continued. 

Execution  or  other  judicial  sale,  proper 
medium  of  payment  by  purchaser. 
1915C-996. 

Forged  paper,  payment  or  satisfaction  by 
principal  therewith  as  discharging 
surety.     13-921. 

Frauds,  statute  of,  medium  of  payment 
or  part  payment  to  take  contract  out 
of  statute.     15-32;   1915D-348. 

Medium  of  payment  of  bill  or  note  as 
controlled  by  contemporaneous  agree- 
ment.    5-151. 

iStock  of  merchandise  conveyed  to  creditor 
in  payment  of  debt  as  fraudulent  un- 
der Sales  in  Bulk  Act.     9-332. 

Subscription  to  corporate  stock,  what  may 
be  received  in  payment  where  pay- 
ment is  required  in  "cash."  1912B- 
480. 

3.    Place. 

Note,    payment    to    bank    where    note    is 

made   payable    as    discharging   surety. 

5-298. 
— sufficiency  of  payment  at  place  payable 

to  one  not  in  possession  of  note.     14— 

879. 

Place  of  payment  under  contract  not 
specifying  place,  where  parties  are 
residents  of  different  states  or  coun- 
tries.    1912D-1014. 

Eent,  where  payable.     1913C-1198. 


4.    Time. 

Attorney's  power  to  extend  time  of  pay- 
ment of  claim  held  for  collection. 
1913B-1295. 

Before  maturity,  right  of  debtor  to  pay- 
debt.     17-151. 

Bills  and  notes,  construction  of  agreement 
for  extension  of  time  of  payment. 
1918B-157. 

— negotiability  of  promissory  note  as  af- 
fected by  extension  of  time  of  pay- 
ment.    17-55. 

— parol  extension  of  time  for  payment  of 
note  as  enforceable.     1914A-103. 

Fractions  of  day  as  entering  into  com- 
putation of  time   of  payment.     2-137. 

Legacy  to  creditor  not  payable  at  same 
time  as  debt,  as  satisfaction  of  debt. 
4-458. 


PAYMENT— Continued. 

"On    or    before,"    construction    of    phrase. 

1913A-253. 
Sunday  payment,  validity.     19-240. 

Wages,  validity  of  regulatory  statutes  as 
to  time  of  payment.     13-4S2. 


5.    Application   of   Payments. 

Creditor's  own  debt  to  debtor,  right  to 
apply  on  debt  due  him  so  as  to  sus- 
pend statute  of  '  limitations.  1915A- 
281. 

Entry  on  debtor's  books  or  papers  as 
direction  to  apply  payment.  1914C- 
247. 

Illegal  or  unenforceable  demand,  right  of 
creditor  to  apply  payment.     13-953. 

Surety's  right  to  direct  application  of  pay- 
ment by  principal.     1915B-1275. 

Third  person's  right  to  control  applica- 
tion   of   payment.     1917C-5S2. 

Time  when  creditor  may  make  application 
of   payment.     1913E-895. 

Undirected  payment,  application  by  cred- 
itor to  debt  barred  by  limitations  as 
reviving  unpaid  portion.     13-1203. 

What  constitutes  payment  within  law  of 
application   of   payments.     1915B-69S. 

6.  Pleading. 

Necessity  for  pleading  payment  in  de- 
fense to  action  for  existing  balance. 
1912B-487. 

7.  Evidence. 

Burden  of  proof  of  payment  or  part  pay- 
ment of  bill  or  note.     20-518. 

Financial  condition  of  debtor  or  creditor, 
admissibility  of  evidence  to  prove 
payment.     8-779;  11-110. 

Institution  of  legal  proceedings  as  rebut- 
ting presumption  arising  from  lapse  of 
time.     7-723. 

Payment  of  purchase  money  under  con- 
tract of  sale  of  land,  presumption  re- 
specting.    1913A-50S. 

Place  of  payment  not  specified  in  con- 
tract, admissibility  of  parol  evidence 
to   show.     1916E-366. 

Presumption  of  payment  from  possession 
of  written  evidences  of  indebtedness 


PAYMENT  INTO  COURT— PAY  STATION. 


659 


PAYMENT— Continued. 

by  debtor  who   had   access  to  papers 
of  creditor.     14-257. 

Taxes,  presumption  of  payment  from  lapse 
of  time.     1915D-186. 


8.    Eecovery  Back. 

Agency,  voluntary  payment  made  to  agent 
under  mistake  of  law  and  by  him 
turned  over  to  principal,  recovery 
back.     1912D-722. 

Bank  paying  money  by  mistake,  right  to 
recover.     1-632;    1912D-494. 

Decedent's  estates,  allowance  to  creditor 
in  excess  of  pro  rata  share  of  insol- 
vent estate,  right  of  personal  repre- 
sentative to  recover.     19-794. 

Duress  of  personalty  as  compulsory  pay- 
ment.    1913A-1354. 

— payment  to  prevent  apprehended  injury 
to  business  as  payment  under  duress. 
2-825;  1918B-516. 

— receipt  in  full  demanded  as  condition 
of  payment  of  part  of  debt  as  duress 
avoiding  receipt.     8-880. 

— threats  to  begin  criminal  prosecution, 
recovery  of  money  paid  under  coer- 
cion of.     3-107. 

Execution  sale,  recovery  of  amount  of 
incumbrance  paid  by  purchaser  at 
void  execution  sale.     1915C-594. 

Fees  or  compensation  to  public  officer 
paid  by  mistake  or  illegally,  recovery 
back.     13-351;  1915B-S11. 

Fine  improperly  or  illegally  collected, 
right  to   recover.     12-703;    19133-436. 

Forgetfulness  of  facts,  right  to  recover 
payment    made    through.     18-670. 

Freight  charges,  recovery  back  of  excess 
exacted    by    carrier.     1915B-1212. 

Gaming,  bucket-shop  transactions,  recov» 
ery  of  money  paid  or  lost.     17-711. 

— money  lost  in  gaming,  recovery  back. 
1918E-138. 

Interest  on  money  paid  by  mistake,  right 
to    recover.     10-307;    1913B-1257. 

Internal  revenue  tax,  recovery  from 
United  States.     1916A-299. 

Landlord  and  tenant,  advancement  by.  ten- 
ant to  secure  performance  of  lease 
stipulations,  right  to  recover.  19- 
216. 


PAYMENT— Continued. 

Life  insurance,  money  paid  on  policy  un- 
der mistaken  presumption  of  death 
of  insured,  right  of  c6mpany  to  re- 
cover.    13-^11. 

— premiums  paid  for  life  insurance,  re- 
covery of.     4-123.  ^ 

Pensions,  recovery  back  by  United  States 
of  money  paid  to  bank  on  forged 
pension   check.     16-1189. 

Procurement  of  payment  of  money  with 
knowledge  that  it  is  due  to  another, 
right  of  action  against  person. 
1918D-245. 

Public  officers,  unauthorized  payment  by 
public  officer,  rule  respecting  volun- 
tary payment  under  no  mistake  of 
fact  as  applicable.  1913B-651; 
1916D-745. 

Eent  paid  in  advance  for  leased  premises 
subsequently  destroyed,  right  to  re- 
cover.    1912B-1117;   1913A-1098. 

Taxes,  illegal  tax  paid  "under  protest," 
recovery  of.  8-669;  10-1050;  1913D- 
56S;  1915A-495. 

— ^payment  to  avoid  imposition  of  penalty 
(including  forfeiture  of  right  to  do 
business)  as  involuntary  payment. 
1913C-1052. 

Tuition  fees,  recovery  back  of  advance 
payment  on  expulsion  or  withdrawal 
of  pupil  from  school.     1915D-313. 

Usury  voluntarily  paid,  right  of  recovery. 
1-421. 

Vendor  and  purchaser,  money  paid  by 
purchaser  of  land  before  notice  of 
prior  equity  in  other  than  vendor,,  re- 
covery back.     21-464. 

— purchase  price  under  deed  or  contract 
by  married  woman  invalid  for  want 
of  acknowledgment  or  by  reason  of 
defective  acknowledgment.  1918E- 
632,  651. 

Verbal  contract  for  sale  of  land,  right  of 
purchaser  to  recover  money  paid 
under  contract.     2-931;  1918C-432. 

PAYMENT  INTO  COURT. 

See   Tender. 


PAY  STATION. 

Duty  and  liability  of  telephone  company 
with  respect  to  public  station.  1915D- 
1087. 


660    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


PEACEABLE  DISPOSI- 
TION. 

Animals,  admissibility  of  peaceable  dis- 
position of  animal  in  action  for  in- 
juries  caused   by  it.     1914B-1276. 

PECUNIARY   CONDITION. 

See  Financial  Circumstances. 


PECUNIARY  INTEREST. 

Meaning  of  requirement  in  life  or  benefit 
policy  that  beneficiary  have  "more 
than  pecuniary  interest"  in  life  of 
insured.     1914D-1123. 


PEDIGREE — Continued. 

Declarations  of  relationship  to  decedent, 
admissibility  in  behalf  of  relative  of 
declarant  who  is  claimant  of  dece- 
dent's estate.     1915C-1044. 

Family  record,  admissibility  of  entry  to 
show  pedigree  where  person  making 
entry  is  alive.     6-59. 

Hearsay  evidence,  whether  must  be  con- 
fined to  ancient  facts.     1914A-822. 


PELVIS. 

Fracture  or  injury,  excessiveness  or  in- 
adequacy of  verdict.  16-34;  1913A- 
1373;  1916B-434. 


PEDDLERS. 

See  Hawkers  and  Peddlers. 


PENALTIES. 

6ee  Ftaee  and  Penalties. 


PEDESTRIANS. 

Automobile  drivers,  rights  and  duties 
toward  pedestrians  in  highway.  21- 
652;    1916E-666. 

Coal-hole  in  siclewalk,  legal  liability  for 
injuries  sustained  by  pedestrian.  19— 
466;    1917D-494. 

B«iilroads,  crossing  track  ahead  of  train 
known  to  be  approaching,  right  of 
pedestrian  to  recover  for  injuries  re- 
ceived.    21-1173. 

Scaffold  for  repairing  or  painting  build- 
ing, liability  of  owner  of  biiilding 
for  injury  resulting  to  pedestrian. 
1916C-123. 

Street    railways,    duty    of    pedestrian    to 

stop,  look   and   listen   before   crossing 

tracks.     3-334;  1915B-690. 
— rounding    curve,    liability    of    company 

for     street-car     striking     pedestrian. 

1916E-679. 

Streets  and  highways,  injuries  sustained 
by  defect  or  obstruction  in  highway, 
right  to  recover  as  affected  by  fact 
of  diversion  of  attention  preventing 
discovery.  '  16-969;    1916B-1009. 

•^rights  and  duties  of  pedestrians  and 
vehicles  on  highways.  4-398;  1914A- 
249. 


PEDIGREE. 

Census  reports  as  evidence.     9-882. 


PENDENCY   OF  SUIT. 

See  Abatement  and  Revival. 

PENDING. 

When    action    is    "pemding."     1912A-S43; 
1914D-1007. 

PENITENTLA.RY. 

See  Prisons  and  Prisoners. 

PENITENTIARY  GUARD. 

Exemption  from  statute  against  carrying 
concealed   weapons.     19I4A-256. 

PENNY  ARCADE. 

Operator   as   dealer.    1917A-960. 


PENSIONS. 

Attorney's  fee  for  collection  against  fed- 
eral government,  validity  and  con- 
struction of  statute  limiting  amount. 
1918C-863. 

Confederate  soldiers,  validity  of  state  stat- 
ute pensioning.     19150-282. 

Execution  sale  of  property  bought  with 
pension  money,  injunction  against. 
19180-220, 

Exemption  from  execution  of  pension  et 
bounty.     17-1191. 


PEONAGE— PERIODICALS. 


661 


PENSIONS— Continued. 

Fire  department,  statute  providing  com- 
pensation for  injury  or  death  of  fire- 
man as  constituting  pension.  1917C- 
1140. 

Forged  pension  check,  right  of  United 
States  to  recover  money  paid  to  bank 
which   has   cashed.     16-1189. 

Mandamus  to  review  action  of  officers  or 
board  in  peijsion  matters.     8-950. 

Municipal  employees,  validity  of  statute 
or  ordinance  providing  pensions. 
1912C-545;  1918D-454. 

Police  department,  validity  of  statute  or 
ordinance  providing  pensions  for 
members.     1912C-545;    1918D-454. 

Public  Officer  or  employee,  pension  as  af- 
fected by  his  bankruptcy.     1916I>-629. 

Soldiers'  howe,  effect  on  pension  of  pen- 
sioner becoming  inmate.     1916C-854. 

State  grant  to  war  veterans,  validity  of 
statute.     1913B-951;  1915C-282. 

Vested  right  of  pensioner  to  pension. 
1915C-751. 

Witnesses,  violation  of  pension  law  as 
crime  for  which  witness  may  be  im- 
peached.    1916A-277. 


PEONAGE. 


Constitutional  and  statutory  provisions 
concerning.  3-321;  7-959;  14-1118; 
1915B-498. 


PER  CAPITA. 

Wills,  bequest  to  be  divided  equally  among 
persons  standing  in  different  relation- 
ships to  testator  as  requiring  division 
per  capita  or  per  stripes.     1916C-411. 


PERCOLATING   WATER. 

Liability  of  owner  of  artificial  reservoir 
for  damages  caused  by  percolation  of 
water.     5-681;   13-219. 

Eight  of  owner  of  land  to  waste  percolat- 
ing waters  to  injury  of  neighbor.  4- 
357. 


PER  DIEM  COMPENSA- 
TION. 

Eight  of  public  officer  to  compensation 
for  time  in  going  to  and  returning 
from  official  business.     1915B-593. 

Sunday  allowance  of  compensation  under 
per  diem  rule.     1912C-807. 

PEREMPTORY  CHALLENGES. 
See  Jury. 


PERFORMANCE.    > 

Accord  and  satisfaction,  partial  perform- 
ance following  accord  as  constituting 
satisfaction.     19140-152. 

Brokers,  what  constitutes  performance  en- 
titling loan  broker  to  commission. 
1918C-609. 

Contracts,  prevention  of  performance,  rem- 
edies of  party.  1-427;  12-1108; 
1913C-384. 

Frauds,  statute  of,  performance  by  one 
party  of  contract  capable  of  being 
performed  within  one  year,  validity 
of  contract  within  statute.  13-916; 
19150-548. 

Rewards,  sufficiency  of  performance  to 
entitle  person  to  reward.  8-860;  14— 
802;  1915B-667. 

Wills,  impossibility  of  performance  of  con- 
ditions in  will,  effect.     17-433, 


PERIL  OF  THE  SEA. 

Animal  insurance  policy  as  covering  loss 
by   perils   of   sea.     1915A-618. 

Damage  by  sea  water  as  result  of  peril 
of  se'a  within  contract  of  affreight- 
ment.    15-750. 

Marine  insurance,  "peril  of  tlie  sea"  within 
policy.     1912D-1038. 


PERIODICALS. 

Title    of   periodical    as   subject    of   trade- 
mark.    14-274. 

Trademark  or  trade  name  as  infringed  by 
similar    name.     1915B-331. 


662    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918B. 


PERISHABLE  GOODS. 

Duty  of  carrier  to  ice  cars  containing 
perishable  freight.     10-171. 

Injury  by  freezing  as  rendering  carrier 
liable  for  loss  of  goods  transported. 
3-454. 

Wliat  constitutes  perishable  property  de- 
livered to  a  carrier  for  transportation. 
1915C--509. 


PERITONITIS. 

Accidental  injury  within  terms  of  accident 
insurance  policy.     2-141. 


PERJURY. 

1.  In  General. 

2.  Indictment  and  Information. 

3.  Evidence. 

1.    In  General. 

Acquittal  of  crime,  effect  upon  perjury 
committed  during  trial.  1-163;  li- 
754. 

Affidavit  for  change  of  venue  or  judge, 
assignment  of  perjury  on.     1912A-866. 

Commission  of  offense  in  another  jurisdic- 
tion, prosecution  for.     19-781. 

"Crime"  for  which  witness  may  be  im- 
peached, perjury  as  constituting. 
1916A-277. 

Distinction  between  false  swearing  and 
perjury.     8-881. 

Instruction  or  comment  by  court  to  effect 
that  perjury  has  been  committed  at 
trial,  propriety.     1917B-128. 

— ipropriety  of  instruction  that  if  jury  do 
not  believe  testimony  of  witness  they 
must  deem  him  guilty  of  perjury. 
1912D-279. 

Judgments  obtained  by  perjury,  damages 
as  recoverable  therefor.     18-23. 

— equitable  relief  against  judgment  ob- 
tained by  perjured  testimony.  3-83; 
10-1107. 

— injury  to  person  resulting  from  judg- 
ment obtained  by  false  swearing,  right 
to  recover  damages.     1913C-802. 

Libel  and  slander,  excessiveness  of  ver- 
dict based  upon  imputation  of  perjury. 
1913B-702,   707. 


PEBJUEY — Continued. 

— justification  for  charge  of  perjury,  ne- 
cessity that  it  be  of  precise  charge. 
1918C-1136. 

■ — quantum  of  proof  essential  for  justifi- 
cation of  defamsitory  charge.     7-1158. 

Malicious  prosecution  for  perjury,  exces- 
siveness or  inadequacy  of  verdict. 
1916C-260. 

— ^probative  force  in  action  of  conviction 
procured  by  perjury.     15-488. 

Material  testimony,  as  to  which  charge 
may  be  laid,  what  constitutes.  3-945; 
19-364. 

Oath,  form  as  affecting  crime  of  perjury. 
1914B-595;  1916A-497. 

Eegularity  of  judicial  proceeding  as  affect- 
ing charge  of  perjury.     3-870;  11-711. 

Subornation  of  perjury,  civil  liability  for 
procuring.     18-25. 

— inducement  to  commit  offense  with  view 
to  prosecution  as  constituting  defense. 
17-298. 

— ^what  constitutes  offense  of  attempting  to 
suborn  perjury.     17-1182. 

"Witness  committed  for  perjury  during  trial 
as  prejudicial  error.     19-423. 


2.    Indictment  and  Information. 

Administration  of  oath,  necessary  allega- 
tions as  to  person  administering  oath. 
9-765. 

Form  of  indictment,  construction  of  stat- 
ute  prescribing   form.     19180-561. 

Sufficiency  of  indictment  as  to  "assign- 
ment of  perjury."     17-921. 

Variance  between  pleading  and  proof  as 
to  date  of  false  swearing,  effect  in 
prosecution  for  perjury.     21-1157. 

3.    Evidence. 

Contradictory  statements  of  defendant, 
conviction  for  perjury  thereon.  13- 
731. 

Conviction  for  crime  as  conclusive  evi- 
dence against  accused  in  subsequent 
prosecution  for  perjury  in  denying 
guilt.     13-369. 

Defendant's  testimony,  necessity  for  proof 
of  all  of  it  in  prosecution  for  perjury, 
1912C-1074. 


PERMANENT  EMPLOYMENT— PERSONAL  PROPERTY.        663 


PERJURY — Continued. 

Former  proceeding,  manner  and  sufficiency 
of  proof  in  prosecution  for  perjury. 
17-265. 

Number  of  witnesses  and  corroborative 
evidence  necessary  to  support  convic- 
tion for  perjury.     6-812. 

Statements  made  by  defendant  before 
grand  jury  as  admissible  in  evidence. 
9-1216. 


PERMANENT  EMPLOY- 
MENT. 

Effect  of  agreement  therefor.     1913D-218. 


PERSON. 

"Any   person,"   legal   meaning,     1916E-69. 

Contraband  of  war  as  including  persons. 
15-241. 

Meaning  of  "person"  in  statute  regulating 
sale    of   poison    by    druggist.     20-494. 

Natural  laws  relating  to  human  beings, 
judicial  notice.     18-586. 

Penal  statutes,  corporation  as  "person" 
within   statute.     1916C-462. 

Private  corporation  as  included  under  term 
"person."     20-737;   1914A-1308. 

Social  club  distributing  liquor  to  member 
as  person  within  statute  regulating 
liquor  traffic.     1912A-1089. 


PERMITS. 

Erection  or  repair  of  buildings  within  city, 
validity  of  ordinance  requiring.  13- 
1187. 


PERSONAL  INJURIES. 

See  Damages;  Negligence;  Physical  Ex- 
amination; Release  and  Discharge; 
Workmen's  Compensation. 


PERPETUITIES. 

Bequest  for  support  or  establishment  of 
public  schools  as  violation  of  rule 
against.     8-928. 

Charity  not  in  existence  and  beginning  of 
whose  existence  is  uncertain  or  con- 
tingent, validity  of  gift  thereto  within 
rule  against  perpetuities.     1913A-139. 

Contemporaneous  or  prior  interests  as  af- 
fected by  perpetuity.     5-431. 

Gift  for  establishment  of  home  for  persons 
of  particular  class  as  within  rule 
against    perpetuities.     1917E-866. 

Mineral  rights,  validity  of  reservation  in 
perpetuity.     1912D-886. 

Mortmain  statute,  gift  in  violation  as  void 
or  voidable.     10-1030. 

Option  to  purchase  realty  as  violating  rule 
against  perpetuities,  15-382;  1916D- 
577. 

Partial  or  limited  restraint  on  alienation 
of  fee-simple  'estate,  validity.     7-319. 

Trust  of  indefinite  duration  for  mainte- 
nance, repair,  etc.,  of  residence  or 
homestead  as  offending  rule  against. 
1914B-551. 

Wills,  invalid  clause  against  perpetuities 
as  affecting  clauses  otherwise  valid. 
3-951. 


PERSONAL  PROPERTY. 

1.  In  Greneral, 

2.  Wliat  Constitutes  Personalty. 

3.  Evidence  of  Title  and  Value. 

1.    In  General. 

Attachment,  what  is  sufficient  levy  on  per- 
sonal  property.     1916B-984,    1000. 

— equitable  interest  in  personalty  as  sub- 
ject to  attachment.     11-669. 

Bankruptcy  of  owner  of  personal  property 
as  affecting  title  in  foreign  country. 
21-1040. 

Creditor's  bill,  interest  in  personalty  gen- 
erally as  reachable.     1914B-955. 

— ^property  fraudulently  conveyed  as  reach- 
able.    1914B-949. 

Destruction  or  injury,  measure  of  damages 
recoverable  where  personal  property 
is  partly  destroyed  or  injured  by  neg- 
ligent act.     1915B-795. 

Disparagement  as  libel  or  slander.  8-810; 
1914B-841;   1914D-1151. 

Divorce,  wife's  right  to  restoration  of  her 
personalty  in  action  for  divorce.  21- 
1104. 

Duress  of  personalty  to  enforce  compulsory 
payment.     1913A-1354. 


664    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


PERSONAL  PROPEETY— Continued. 

Eminent  domain,  damages  for  injurj  to  or 
expense  of  removal  of  personal  prop- 
erty from  premises.  8-696;  16-787; 
1918B-886. 

Execution  sale  of  personalty,  injunction 
against.     1918C-205. 

Forfeiture  of  personal  property  on  abate- 
ment of  bawdy-liouse  as  nuisance. 
1915D-552. 

Husband's  right  as  against  wife  to  dispose 
of  his  personalty  during  coverture. 
10-1053;  1918B-934. 

Inconsistent  defenses  in  action  relating 
to  personalty.     1917C-725. 

Judicial  or  sheriflfs  sales  in  parcel  or  en 
masse.     8-745. 

Jurisdiction  of  action  to  recover  person- 
alty located  in  another  state.  1912B- 
838. 

Life  estates,  increase  in  value  of  person- 
alty under  life  tenancy,  who  entitled 
to.     1916B-128. 

Lost  or  abandoned  property,  title  of  finder. 
1-4. 

Quieting  title  to  personalty,  right  to  bring, 
equitable  action.     1914B-344. 

Recaption,  right  of  owner  to  recover  pos- 
session of  personal  property  by  neces- 
sary force.     6-503. 

Shelley's  case,  application  of  rule  to  per- 
sonalty.    12-839. 

Specific  performance  of  personal  property 
contracts.     5-269;  10-934;   1915D-788. 

Tenants  in  common,  personalty  as  subject 
to  creation  of  estates  of  cotenancy. 
1917B-97,  105,   121. 

Warranty  of  title  on  sale,  measure  of  dam- 
ages for  breach.     7-937;   1912B-1340. 

2.    What  Constitutes  Personalty. 

Agreement  fixing  character  of  property  as 
realty  or  personalty.     1-312. 

Articles  brought  on  premises  to  be  annexed, 
character  as  fixtures  or  personalty 
before  annexation.     4-1160. 

Building  placed  on  land  of  another  by 
permission  as  realty  or  personalty  in 
absence  of  agreement  as  to  subse- 
quent ownership.     12-1088. 

Crops,  growing  or  standing  crops,  as 
personalty  subject  to  replevin.  5- 
480. 


PERSONAL  PROPERTY— Continued. 

Fruit  crop  growing  on  trees  as  realty  or 
personalty.     1912C-736. 

Lunatic's  realty,  proceeds  of  sale  as  realty 
or  personalty.     1915A-158. 

Mirrors  as  personalty  or  realty.     1-687. 

Partnership  realty,  when  regarded  as  per- 
sonalty.    11-269;  1912D-1207. 

Poles  and  wires  of  telegraph,  telephone  or 
electric  companies  as  personalty  or 
realty.     9-1192. 

Real  estate  acquired  by  personal  repre- 
sentative for  benefit  of  estate  as 
realty  or  personalty.     7-703. 

Rent,  accrued  rent  as  personalty  or  realty. 
1918A-151. 

Stoves  and  heating  apparatus  as  realty  or 
personalty.     2-375. 

Trees,  when  may  be  considered  as  per- 
sonalty.    9-193. 

Wills,  money  as  included  by  use  of  term 
"personal  property"  in  will.     1913D- 

857. 


3.     Evidence  of  Title  and  Value. 

Declarations  or  admissions  of  grantor  of 
personalty  made  while  owner  thereof 
as  evidence  against  grantee.  1912C— 
1210. 

Title  to  personalty,  direct  opinion  of  wit- 
ness as  admissible  to  prove  ownership. 
1912C-664;  1916D-289. 

— oral  testimony,  admissibility  to  prove 
title  when  written  evidence  exists. 
1914C-118. 

— ^unprobated  will,  admissibility  to  prove 
title.     1916A-888. 

Use  of  personalty,  evidence  admissible  to 
show  value  of  use.     1914B-808. 

Value,  price  paid  for  personal  property 
as  evidence  of  its  value.  1916D-797, 
805,  810. 

PERSONAL  REPRESENTATIVES. 

See  Executors  and  Administrators. 


PERSONAL  SERVICES. 

Child's  right  to  recover  for  services  ren- 
dered during  minority  to  person  stand- 
ing in  loco  parentis.     20-394. 


PERSONAL  TRUST  AND  CONFIDENCE— PHONOGRAPHS.       665 


PERSONAL  SERVICES— Continued. 

Fraud  in  inducing  personal  services  with- 
out intent  to  pay  therefor,  right  of 
action.     1916C-172. 

What  is  contract  for  services  within  rule 
that  damages  for  breach  may  be  miti- 
gated by  earnings  of  employee  in 
other  employment.     1914A-81Q. 


PERSONAL  TRUST  AND 
CONriDENCE. 

Agent's  contract  involving  personal  trust 
£md  confidence,  right  of  undisclosed 
principal  to  enforce.     15-238. 

Assignability  of  executory  contract  as  af- 
fected by  element  of  trust  and  con- 
fidence.    15-370;    1915D-291. 


PERSONAL  VIOLENCE. 

Injury  resulting  to  workman  as  accident 
in  course  of  employment  within  Work- 
men's Compensation  Act.  1913C-9, 
10,  11,  12. 


PER  STIRPES. 

Bequest  to  be  divided  equally  among  per- 
sons standing  in  different  relation- 
ships to  testator  as  requiring  division 
per  capita  or  per  stirpes.     1916C-411. 


PESTHOUSES. 

Municipal  liability  for  negligence  in  re- 
spect to  condition  or  performance  of 
services  incident  to.  4-624;  1918D- 
803. 

Nuisance,  municipal  hospital  for  conta- 
gious diseases.     6-823. 


PETITIONS. 

Drainage  district,  requisites  of  petition  for 
organization.     1915C-16. 

Initiative  of  referendum,  requisites  end 
sufficiency  of  petition.  1916B-821, 
855,  866. 

Libel  and  slander,  petition  for  legislative 
or  executive  action  as  privileged. 
1918A-462. 

Petitioner   as   "freeholder,"     1913D-327. 


PETITIONS— Continued. 

Public  improvements,  who  may  petition 
for  or  remonstrate  against.  1918E- 
837. 

Recall  of  public  officers,  petitions  for. 
1916A-1163. 

Signatures,  necessity  that  petition  be  actu- 
ally signed  as  presented,  instead  of 
having  signatures  detached  from  other 
like  petition  and.  affixed  thereto.  14- 
486. 

Withdrawal  of  name,  right  of  signer 
before  petition  is  acted  on.  15-1125; 
1913A-43. 


PETROLEUM. 

Flow  on  to  adjoining  land,  liability  of 
mine  or  well  owner  for  injury  caused. 
1914D-70. 

Mineral  product.     20-937;   1913B-1214. 

Public  lands  occupied  for  oil  exploration, 
withdrawal  from  settlement.  1918C- 
1009. 

—discovery  of  petroleum  sufficient  to  sup- 
port location  as  placer  claim.     15-629. 

Sale  of  petroleum  products,  statutory 
regulation.     18-783;  1917A-167. 

Waste  by  private  owner,  constitutionality 
of  legislation  to  prevent.  4-213;  16- 
1001;  1912C-160. 

— ^right  of  land  owner  to  waste  to  injury 
of  neighbor.     4-357. 


PEWS. 

Bights  of  pew  owner  aa  affected  by  trans- 
fer of  church  property.     19130-476. 


PHALANGE. 

What  constitutes  loss  within   Workmen's 
Compensation  Act.    1918A-539. 


PHARMACISTS. 

Se«  I>rugglsts. 


PHONOGRAPHS. 

Reproduction   of   sound   as   evidence. 
285. 


10- 


666    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


PHOTOGRAPHERS. 


Trade,     photographer 
1916A-1200. 


as     engaged     in. 


PHOTOGRAPH    GALLERY. 

Building    restrictions     affecting     location. 
1914A-12. 


PHOTOGRAPHS. 

Expense  of  taking  photograph,  personal 
liability   of   attorney.     1917B-526. 

Toundation  for  introduction  of  photo- 
graphs in  evidence.     1-161;  10-962. 

Identity  of  dead  body,  admissibility  of 
photograph  in  evidence  to  establish. 
1918C-703. 

Other  use  of  photograph  made  or  received 
for  particular  purposes,  right  to  make. 
9-1016;  1914B-376. 

Person  accused  of  crime,  right  to  photo- 
graph.    8-1176;  16-1125. 

Publication  of  person's  photograph  as  that 
of  another   as   libel.     9-866;    16-1077. 

Sale,  display,  or  printing  cuts  from  photo- 
graph, right  of  action.     2-574. 

Weight  of  photographs  as  evidence,  lo- 
gs;  1913I>-1277. 

X-ray  photographs  as  evidence.  8-435; 
i916A-776;  1918D-998. 


PHYSICAL  ABILITY. 

Injury   impairing,  inadequacy   of    verdict. 
1916B-419. 


PHYSICAL  AND  MENTAL 
WRECK. 

Excessiveness  of  verdict  for  injury  caus- 
ing.    16-51. 

PHYSICAL  CHARACTER- 
ISTICS. 

Admissibility  of  evidence  to  establish  iden- 
tity of   dead  body.     1918C-700. 

Eace  to  which  person  belongs,  physical 
characteristics  as  evidence.  1914A- 
461. 


PHYSICAL  CONDITION. 

Child's  physical  condition  as  consideration 
in  determining  right  to  its  custody  oa 
habeas  corpus.     1914A-755. 

Death  by  wrongful  act,  deceased's  physical 
condition,  admissibility  of  evidence  to 
show.     1916E-652. 

— person  for  whose  benefit  action  is 
brought,  admissibility  of  evidence  of 
physical  condition.     1912C-266. 

Homicide,  admissibility  of  evidence  of  rel- 
ative physical  condition  or  strength 
of  parties  on  issue  of  self-defense. 
19-124. 


PHYSICAL  EXAMINA- 
TION. 

Criminal  law,  bodily  exhibition  of  accused 
demanded  in  presence  of  jury  as  vio- 
lation of  constitutional  privilege. 
1912D-262. 

— evidence  obtained  by  physical  examina- 
tion of  accused,  admissibility.  15- 
1206. 

— power  of  court  to  compel  defendant  to 
submit  to  physical  examination. 
1912D-227. 

Impotency  of  defendant  in  action  for  di- 
vorce or  annulment  of  marriage  on 
that  ground,  physical  examination  to 
determine.     1913A-131. 

Power  of  court  to  compel  submission  to 
physical  examination.  1-266;  4-611; 
11-844;    1915D-767;   1917D-3ol. 

Public  officer,  power  to  compel  submissioa 
to  examination.     1912A-137. 

Workmen's  compensation,  second  examina- 
tion of  injured  workmen  as  allowable 
under  act.     19150-918. 


PHYSICAL  FACTS. 

Testimony  contrary  to  physical  facts  as 
withdrawable  from  consideration  of 
jury.     15-1190;  1917B-475. 


PHYSICAL  INCAPACITY. 

Fellow-servant,  evidence  of  general  reputa- 
tion for  incapacity,  in  action  by  ser- 
vant against  master.     18-929. 


PHYSICIANS  AND  SURGEONS. 


667 


PHYSICAL   INCAPACITY— Continued. 

Partner's  physical  incapacity  as  ground 
for  dissolution  of  partnership.  1913D- 
1151. 

Servant's  physical  incapacity  as  deter- 
mining incompetency.     1912C-100. 


PHYSICIANS  AND 
SURGEONS. 

1.  In  General. 

2.  Practice  of  Medicln©, 

3.  Statutory  Regulatdon. 

4.  Employment  and  Compensation. 

5.  Malpractice. 

See  Dentists;   Veterinary  Surgeons. 

1.    In  General. 

Carriers  of  passengers,  duty  of  carrier  by 
water  to  furnish  medical  services  and 
hospital  accommodations  to  passen- 
gers.    20-1021. 

— unskillful  treatment  by  physician  as 
affecting  passenger's  recovery  of  dam- 
ages for  personal  injuries.     21-516. 

Death  certificate  of  physician  as  evidence. 
1018C-761. 

Duty  of  person  injured  by  negligence  of 
another  with  reference  to  securing 
physician.     19-979. 

Evidence,  competency  of  physician  to  tes- 
tify in  respect  to  wound  or  injury 
where  he  has  not  had  similar  case. 
14-137. 

— patient's  statement  to  physician  relat- 
ing to  history  of  case,  admissibility 
in  evidence.     14-449. 

Husband  and  wife,  liability  of  wife  for 
medical  attendance  on  husband.  5- 
S32. 

Inducement  to  violate  law  regulating 
practice  with  view  to  prosecution  as 
defense  to  such  prosecution.  1916C- 
733. 

Intoxicating  liquor,  burden  of  proof  of 
jsale  as  physician  or  on  prescription 
of  physician  in  prosecution  for  illegal 
sale.     1913C-637. 

— statute  regulating  sale  of  liquor  on  pre- 
scription of  physician,  construction. 
1918E-916. 


PHYSICIANS  AND  SUEGEONS— Con- 
tinued. 

Libel  or  slander,  imputation  of  ignorance, 
incompetence,  etc.,  to  physician  or 
dentist  as  constituting.     20-482. 

Master  and  servant,  failure  to  furnish 
medical  aid  to  injured  servant,  lia- 
bility  of   master.     1915D-507. 

Mental  healing,  advertisement  with  re- 
spect to  as  scheme  to  defraud  within 
federal  statute  prohibiting  use  of 
mails  in  furtherance  thereof.  1914D- 
1244. 

Privileged  communications,  autopsy,  in- 
formation acquired  by  physician  as 
privileged.     19130-689;  1916D-709. 

• — ^information  acquired  respecting  patient 
before  or  after  existence  of  relation, 
right  of  physician  to  testify  to. 
1916B-778. 

— insurance  contract,  express  stipulation 
therein  for  waiver  of  privileged  com- 
munication to  physician.     10-57. 

— mental  condition  of  testator,  right  of 
physician  who  attended  him  before 
death  to  testify.  1912B-1039;  1918A- 
1050. 

— necessity  that  information  should  be 
necessary  for  treatment  in  order  to 
make  it  privileged.  15-582;  1916 A- 
403. 

— physician  within  statute  relating  to 
privileged  communications,  who  is. 
1913A-56. 

— records  of  hospital  or  other  institution 
as  within  rule  of  privileged  com- 
munications between  physician  and 
patient.     1915D-151. 

— statement  by  physician  to  patient  as 
privileged.     21-369. 

— testimony  of  physician  with  respect  to 
victim  of  crime  as  subject  to  objec- 
tion by  defendant  in  criminal  case. 
1913E-8S4. 

— third  person  overhearing  communica- 
tions between  doctor  and  patient, 
right   to   testify   to.     10-179. 

— waiver  of  privilege  by  bringing  action 
or  introducing  evidence  concerning 
disease  or  injury.    13-945;  1915A-438. 

"Profession"  or  "professional,"  legal 
meaning.     1913E-242. 

Eelease  of  claim  as  voidable  for  misstate- 
ment by  physician  as  to  nature  of  in- 
juries.    20-750;   1918A-358. 

Eeligious  belief  as  defense  to  criminal 
prosecution      for      failure      to      fur- 


668    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


PHYSICIANS  AND  SURGEONS— Con- 
tinued. 

nish    medical   attendance    to    another. 
1913B-1221. 

"Trade,"  physician  as  engaged  in.  1916A- 
1200. 

Workmen's  compensation,  medical  exami- 
nation of  workmen,  provisions  in  acts 
respecting,     1914C-86. 

— refusal  to  submit  to  surgical  operation 
as  affecting  right  to  compensation 
under  act.     1915D-482. 


2.    Practice   of  Medidne. 

Chiropractic  as  practice  of  medicine. 
1913C-4S4;   1916A-861;   1917E-1165. 

Christian  Science  treatment  of  disease  as 
practice  of  medicine.     2-904;  7-377. 

Dentistry  as  embraced  within  meaning  of 
practice    of    medicine.     16-488. 

Massage  treatment  of  disease  as  practice 
of  medicine.  1913C-48U;  1916A-861; 
1918B-1119. 

Midwifery  or  obstetrics  as  practice  of 
medicine.     13-571. 

Nursing  as  constituting  practice  of  medi- 
cine.    1918E-687. 

Oculists  or  opticians  as  within  statute 
regulating  practice  of  medicine.  9- 
203. 

Osteopathy  as  a  medical  or  surgical  pro- 
fession.    1-51;  7-377. 


3.    Statutory  Regulation. 

Advertisements,  assumed  name,  statute 
prohibiting  physician  advertising 
under  as  violating  constitutional 
liberty  of  speech  and  press.  1915B- 
11 86. 

—statutes  prohibiting  advertising  with 
respect  to  practice  of  medicine. 
1916A-908. 

Christian  Science,  special  regulation. 
1917B-798. 

Corporations,  right   to   practice   medicine. 

19-882. 

— criminal  liability  for  advertising  prac- 
tice  of   medicine.     19160-465. 

Drugless  healing,  special  regulation. 
1917B-798. 


PHYSICIANS  AND  SURGEONS— Con- 
tinued. 

Itinerant  physicians  or  venders  of  drugs, 
statutory  regulation,  10-401;  1913D- 
1242;    1917A-1093. 

Licenses,  partial  invalidity  of  statute  re- 
lating to  license  regulations,  effect. 
1916D-57. 

— revocation  of  licenses,  validity  and  ef- 
fect of  statute  authorizing.  7-752; 
9-127;   1912A-634;   191oD-1194. 

•^vested  rights  of  previous  practitioners 
as  impaired  by  statute  requiring 
them  to  take  out  licenses.  5-1005; 
19-833;   1914B-399. 

Oculists,  special  regulation  of  persons 
treating    ocular    diseases.     1917B-803. 

Solicitation  of  business  through  agents, 
validity  of  statute  prohibiting.  7- 
157. 

Statutory  regulation  of  practice  of  pro- 
fessions.    1-18;   7-157. 


Employment  and  Compensation. 

Competency  of  physician  as  witness  in 
action  by  him  against  decedent's  es- 
tate for  services  rendered  deceased. 
8-147. 

Consultation  with,  or  attendance  by  phy- 
sician, what  constitutes  within  mean- 
ing of  application  for  life  insurance. 
17-1203;  1913B-752. 

Financial  condition  of  defendant,  admissi- 
bility of  evidence  in  action  by  physi- 
cian for  services.     11-655. 

Implied  authority  of  officers,  agents  or 
servants  to  contract  for  medical,  sur- 
gical or  other  attendance  or  supplies 
for  sick  or  injured  persons.  3-570; 
1912C-474;   1918A-791. 

Patient  unconscious  or  otherwise  incapa- 
citated to  contract,  right  of  physician 
to  recover  for  services  rendered.  13- 
27. 

Paupers,  liability  of  municipality  for  med- 
ical attendance  furnished  pauper. 
1916D-183. 

Public  physician,  right  to  recover  extra 
compensation  for  services  in  case  of 
epidemic.     1915D-1196. 

Bequest  to  physician  to  attend  third  per- 
son by  one  under  no  obligation  to 
furnish,  as  implying  agreement  to  pay 
for  services.     1914C-587. 


PIANOS— PIGSTY. 


669 


PHYSICIANS  AND  SUEGEONS— Con- 
tinued. 

Surgical  operation,  consent  as  affecting 
right  to  perform.  5-306;  8-196; 
1916C-1105. 

Unlicensed  practitioner  of  medicine  or 
surgery,  right  to  recover  for  services 
rendered.     2-605. 


5.    Malpractice. 

Care  and  skill  required  of  physicians  and 
surgeons.     1-21, 

— degree  required  of  physicians.  1-306; 
14-605. 

Carriers,  liability  of  railroad  or  steamship 
company  for  negligence  of  company 
physician  or   surgeon.     1912B-935. 

Damages,  excessiveness  or  inadequacy  of 
verdict.  19160-1078,  1081;  191SA- 
389. 

Diagnosis,  liability  of  physician  for  mak- 
ing   wrong    diagnosis.     1917D-708. 

Evidence,  testimony  of  practitioners  of 
different    schools.     1-21. 

Foreign  substance  left  in  wound  or  open- 
ing for  surgical  operation,  liability  of 
physician  or  surgeon.  19-190;  1913E- 
1010;  1917D-670. 

Indemnity  insurance  against  liability  for 
malpractice.     1916E-1159. 

Insane  persons,  liability  of  physician  for 
issuance  of  certificate  of  insanity 
under  which  person  is  unlawfully  de- 
tained in   insane   asylum.     1917C-162. 

Lack  of  diligence  in  attending  patient, 
liability    of    physician.     19120-831. 

Liability  for  malpractice  as  dependent  on 
express  contract  of  employment  or 
promise  to  pay  for  services.  191oA- 
259;    1917E-682. 

Limitation  of  actions,  concealment  by 
physician  as  suspending  statute  of 
limitations  against  action.  1914B- 
908. 

Malpractice,  action  as  based  on  contract 
or  tort.     1912D-S66. 

Partnership,  liability  of  firm  for  negli- 
gence of  partner.     16-353. 

Res  judicata,  recovery  by  physician  for 
services  as  bar  to  action  for  mal- 
practice.    1914B-645. 


PHYSICIANS  AND  SURGEONS— Con- 
tinued. 

Specialist,  degree  of  care  required  of 
physician  or  surgeon  who  holds  him- 
self  out  as  specialist.     .1915D-1124. 

Test  before  operation,  failure  of  surgeon  to 
make   as   malpractice.     1918A-883. 

X-rays,  liability  to  patient  for  in.iuries 
caused  by  use.  1912C-1124;  1916B- 
341;   1918E-258. 


PIANOS. 

Exemption  from  execution.     1914D-508. 


PICKETING. 


Injunction    as    remedy    against    picketing. 

4-783. 

Lawfulness        or       unlawfulness.     13-60; 
^      191SE-54. 


PICNIC. 

Noise    arising    from    picnic    as    nuisance. 
1912-B-428. 


PICTURES. 

Agents  selling  frames  as  within  hawker 
and  peddler  regulations.     1912D-1293. 

Infringement  of  common-law  right  of 
property  in  unpublished  picture,  right 
of  action.     15-135. 


PIECEWORKER. 

Workman     under     English     Compensation 
Act.     19130-29,    30,    31. 


PIERS. 

See   Wharves. 

PIGS. 

See  Hogs. 

PIGSTY. 

"Outhouse"    or    "out-buildings,"    term    as 
including  pigsty.     1912D-1195. 


670    INDEX  TO  THE  NOTES,  1  ANN.  QAS.  TO  ANN.  CAS.  1918E. 


PILE-DRIVERS. 

Workmen's  Compensation  Act  as  applica- 
ble to  employment  of  pile-driving. 
1917D-26. 


PILOTS. 

Liability  of  pilot  for  negligence.     13-949. 

Pilot  association,  liability   for   negligence 
of   pilot.     13-950. 

Relative    rights    and    duties   of   pilot   and 
master  of  vessel.     10-382. 

Seamen  and  pilot  as  fellow-servants.     21- 
113. 

Signal  light  on  pilot  boats,   display  while 
at  anchor.     16-553. 

Statutes  relating  to  pilots,  effect  of  par- 
tial  invalidity.     1916D-78. 


PIPES  AND  PIPE-LINES. 

Gas-pipe,  defect  in  customer's  pipe  as  af- 
fecting liability  of  gas  company  for 
injury.     1914C-348;    1916E-277. 

Interference    with  pipes    by    municipality 

in       making  public      improvements, 

rights  of   gas  or  water   company.     6— 
390. 

Mechanic's  lien,  laying  pipes  for  gas, 
water  and  sewer  connections,  as  sub- 
ject  to.     1912B-16. 

Pipe-line  as  additional  servitude  upon 
rural  highway.     9-1033. 

Relaying  necessitated  by  public  improve- 
ments in  streets  as  entitling  owner  to 
damages.     5-391. 

Water-pipe,  duty  of  water  company  to  lay 

without   charge   to   consumer.     1912B- 

546;   1916E-1297. 
— municipal  regulation  in  highways.     10- 

1100. 
— third   person's   liability   to   landlord   for 

laying   pipes.     1912D-126. 
— underground  pipes,  liability  for  injuries 

caused.     1916C-1050. 


PITS. 

Attractive  nuisance  doctrine  as  applicable 
to  pit  made  by  city.     1915C-28S. 

— pit  filled  with  water  in  abandoned 
pump-house,  liability  of  municipality. 
1915C-304. 


PLACE. 

"Any  place,"  legal  meaning.     1916E-77. 

"At,"  as  word  of  place.     1912B-1071. 

Bills  and  notes,  indorsement  of  negotiable 
instrument,  presumption  of  place.  5— 
160. 

— presentment  of  demand  note,  necessity 
at  place  named  for  payment.     7-693. 

Carriers,  ejection  of  passenger  from  train, 
place  where  carrier  may  eject.  1912C- 
488. 

— passenger  ticket,  place  of  purchase  as 
fixing    place    of    contract.     1912C-542. 

Elections,  mark  for  candidate,  validity  of 
ballot  with  respect  to  place.  1917Er- 
657. 

— polling-place,  effect  of  change  upon  va- 
lidity of  election.  17-1090;  1914I>- 
550. 

Employment  contract  fixing  place,  change 
of  place  as  breach  of  contract.  20- 
666. 

"From"  as  word  of  inclusion  or  exclusion 
in  determination  of  place.  15-29; 
1918A-928. 

Gaming  or  betting,  construction  of  word 
"place"  as  used  in  statute.     7-240. 

Intoxicating  liquors,  delivery  of  C.  O.  D. 
shipment  as  fixing  place  of  sale.  13- 
828;    1912D-9S3. 

Mortgage  sale  under  power  of  sale  at 
courthouse  door,  proper  place  where 
courthouse  •  is  removed  or  destroyed 
or  there  is  more  than  one.     11-166. 


Newspaper  publication,  place  of. 
295. 


1913E- 


PLACE  OF  ABODE. 

Meaning  of  term.     1912C-232. 

PLACE  OF  BUSINESS. 

Closing  at  certain  hour,  validity  of  stat- 
ute or  ordinance  requiring  place 
(other  than  liquor  saloon)  to  close. 
1918D-200. 

Corporation,  what  is  principal  office  or 
place   of   business.     19-959. 


PLACE  OF  EXECUTION— PLAY. 


671 


PLACE  OF  EXECUTION. 

Bills     and     notes,     place     of     execution. 
191oD-1135. 

Insurance  contract,  what  is  place  of  exe- 
cution.    19-42;    1913B-926. 


PLACE  OF  INJURY. 

Amending  complaint  in  action  against 
municipality  for  injuries  from  defec- 
tive street  or  sidewalk  by  changing 
description  of  place  of  injury  as  in- 
troducing new  cause  of  action. 
1915B-219. 


PLANS — Continued. 

— property  in  plans.     2-714. 

Building  contract  construed  in  connection 


with  plans  and  specifications. 
224. 


1913C- 


Defective  plans  for  public  improvement 
as  imposing  liability  on  municipality 
for  resulting  injury.     4-1089;   14-752. 


PLANT. 

Meaning  as  used  with  reference  to  busi- 
ness.    1917A-317. 


PLACE  OF  PAYMENT. 

Contract  not  specifying  place  of  payment, 
where  payable  when  parties  are  resi- 
dents of  different  states  or  countries. 
1912D-1014. 

Parol  evidence  to  show,  admissibility  un- 
der contract  silent  as  to  place  of  pay- 
ment.    1916E-366. 

Rent,  place  of  payment.     1913C-1198. 


PLACE  OF  PERFORM- 
ANCE. 

Contracts  governed  by  laws  of  place  of 
performance.     1-88. 

PLACE  OF  TRIAL. 

See  Venue. 

Hearing  in  camera,  right  of  court  in  mat- 
rimonial  action.     1913E-639. 

Power  of  court  to  try  case  at  place  other 
than  courthouse  or  courtroom.  1917E- 
1050. 


PLACE  OF  WORSHIP. 

Meaning    within    statute    against    disturb- 
ance.    19-452. 


PLAINTIFFS. 

See  Parties. 


PLANS. 

Architect,    liability    for    error    in    plans. 
1915C-S72. 


PLATE    GLASS 
INSURANCE. 


Liability  of  insurer. 
191. 


1912A-1091;  1915B- 


PLATFORMS. 

Lights,  liability  of  master  for  injuries  to 
servant  resulting  from  insufficiently 
lighted  platform.     20-18. 

Passenger  injured  while  riding  on  plat- 
form, liability  of  carrier.  1-315;  10- 
816;  1914A-563. 

Proximity  of  track  to  platform,  liability 
of  railroad  for  resulting  injury  to 
person.     21-1180;   1916A-139. 

Bale  against  passengers  riding  on  plat- 
form, validity  and  enforcement  of 
rule.     1918C-534. 

Stopping  alongside  for  passengers  board- 
ing and  alighting,  duty  of  carrier. 
1-917. 


PLATS. 

See  Dedication. 

Eeservation  of  land  on  map  or  plat  for 
specified  purpose  as  dedication  thereof 
to  public.     1916D-1079. 

Sale  of  lots  according  to  plat  as  effecting 
dedication  of  park  or  square  thereon. 
17-312;  1917B-197. 

PLAY. 

Injury  sustained  from  playing  upon  de- 
fective highway,  liability  of  munici- 
pality.    4-250;  19-973. 


672    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


KEjAY — Continued. 

Liability  of  infant  for  injuries  caused 
while  at  play.     1912C-177. 

Servant  injured  through  playful  or  mis- 
chievous acts  of  fellow-servant,  liabil- 
ity  of  master.     1912C-422. 

Vacant  lots  used  for  playing  games,  right 
to  enjoin  owner.     14-177. 

PLAYWRIGHTS. 

Construction  of  contract  with  playwright. 
1914E-14J   1917C-397. 

PLEADING. 

1.  In  General 

2.  Construction. 

3.  Complaint  or  Declaration. 

4.  Answer  or  Plea. 

5.  Reply. 

6.  Demurrer. 

7.  Amendments. 

A.  GENEEAXIi'?. 

B.  Time  of  Amendment. 

C.  Effect  of  Amendment. 

8.  Verification. 

9.  Filing. 

10.  Issues,  Proof  and  Variance. 

11.  Pleading  as  Evidence. 

12.  Particular  Proceedings. 

1.    In  General, 

Attorney's  liability  to  client  for  negligence 
with  respect  to  pleadings.     1917B-25. 

Chambers  or  in  vacation,  power  of  court 
with  respect  to  pleadings.  1916A- 
122S. 

Constitutionality  of  statute,  determination 
on  pleadings  alone.     1914D-468. 

Corporation  as  including  municipal  corpo- 
ration in  statute  relating  to  allega- 
tions of  corporate  existence.  1913B- 
747. 

Libelous  charge  of  commission  of  acts 
in  foreign  jurisdiction,  pleading  as 
constituting,     1-199. 

Lost  or  destroyed  pleading  or  similar 
paper  filed  in  action,  parol  proof  of 
contents.     1916D-253. 


PLEADING— Continued. 

Overruling  plea  on  court's  own  motion, 
right  of  court.     15-250. 

Power  of  court  to  pass  on  pleadings  in 
action  of  libel  or  slander  under  stat- 
ute empowering  jury  to  determine 
law  and  facts.     1915D-1268. 

Eeview  of  court's  ruling  on  sufficiency  of 
pleadings,  prohibition  aa  remedy. 
1913D-59C. 


2.    Construction. 

"About,"  meaning  when  used  with  refer- 
ence to  time  in  pleadings.     17-742. 

Alternative  allegations  in  pleading,  rule 
as  to  neutralizing  each  other.  1914A- 
1239. 

"Case,"  meaning  as  used  in  sense  of  "aC' 
tion"  or  proceeding  in  pleading.  21- 
671. 

Complaint  framed  on  theory  of  cause  ex 
delicto  construable  as  permitting  trial 
as  action  ex  contractu.     8-529. 

^''Contrary  to  law,"  phrase  as  covering 
ordinance.     1917C-691. 

"Et  al."  in  place  of  names  in  pleadings. 
•14-571. 

"Etc.,"  legal  meaning.     1912C-175. 

Exhibit  and  pleading  in  civil  action, 
which  governs  in  case  of  variance. 
16-490. 

Felo  de  se  doctrine,  applicability.     15-90. 

"House"    as    including   land.     1914B-1241. 

"Near,"  meaning  of  word  as  used  in  plead- 
ing.    1913D-123. 

"On  or  about"  certain  day,  sufficiency 
with  respect  to  allegation  of  time  of 
personal    injury.     1916A-217. 

Videlicet,  office  of.     1913A-493. 

3.    Complaint   or  Declaration. 

Ad  damnum  clause,  effect  of  omission  in 
complaint  or  declaration.     21-241. 

Altered  instrument,  necessity  of  setting 
up  ratification  of  alteration  in  action 
on  instrument,     1917D-345. 

Appeal  and  error,  sufficiency  of  complaint, 
right  to  question  for  first  time  on 
appeal.     3-545. 


PLEADING. 


673 


PLEADING— Continued. 

"Child"  used  in  pleading,  necessity  of 
averring  legitimacy.     1918B-261. 

"Dollars,"  effect  of  omission  of  word  in 
declaration.     1915C-335. 

Executor  and  administrator,  necessity  of 
alleging  suit  as  brought  in  represen- 
tative capacity.     1916E-114r. 

Lfegal  conclusion,  genuine  allegation  of 
indebtedness  as.     14-S39. 

Limitation  of  actions,  necessity  of  alleg- 
ing compliance  with  statute.     1-85. 

Setting  aside  judgment,  necessity  that 
plaintiff  in  equitable  action  plead 
meritorious  defense.     1913E-124. 

Statutes,  necessity  of  pleading  public  acts 
in.  action  based  thereon.     1-947. 


4.    Answer  or  Plea. 

Alteration  of  instrument  on  which  suit  is 
brought,  necessity  that  defendant 
plead   specially.     1913E-252. 

Champerty,  how  pleaded  as  defense.  19- 
519. 

Condition  precedent,  denial  of  allegation 
of  performance.     7-611. 

Counterclaim,  necessity  of  designating 
plea  as  such.     1913A-1079. 

Debtor  and  creditor,  action  on  creditor's 
claim,  pleading  discharge  in  bank- 
ruptcy as  bar.     1912A-550. 

Denial  on  information  and  belief  of  mat- 
ter necessarily  within  knowledge  of 
defendant,  effect.     1912C-149. 

Equity  cases,  necessity  of  pleading  stat- 
ute of  limitations  as  defense.     S-379. 

General    denial    coupled    with    admissions, 

sufficiency.     13-884. 
— striking  out   general   denial  as  sham   or 

frivolous.     1917D-1177. 

Inconsistent  defenses  within  rules  of 
pleading.     1917C-704,  750,  753,  757 

Mitigation  of  damages,  necessity  of  plead- 
ing matters  specially.  10-219;  1914D- 
897. 

Negatives  pregnant.  1917A-668,  678,  681, 
6  So. 

Nolo  contendere,  plea  of.    1915B-1243. 

Withdrawal   of  plea   of  statute   of   limita- 
tions, right  to  withdraw.     1914D-473. 
Index  to  Notes — 43 


PLEADING— Continued. 

5.    Eeply. 

Counterclaim,  waiver  of  failure  to  reply. 
1917D-619. 

Necessity  of  reply  where  answer  pleads 
statute    of    limitations.     1914D-892. 

6.    Demurrer. 

Fraud,  demurrer  to  general  allegation  of 
fraud   as   confession   thereof.     14-368. 

Limitations  of  actions,  raising  bar  of 
statute   by   demurrer.     1-85, 

Misjoinder  of  causes  of  action,  demurrer 
for.     3-287. 

Multifariousness  or  failure  to  state  cause 
of  action  as  waived  by  filing  an- 
swer on  overruling  demurrer.  1913B- 
390. 

Objection  to  ruling  on  demurrer,  amended 
pleading  filed  as  waiver  of  order  sus- 
taining   demurrer.     19-306. 

— other  pleading  filed  as  waiver  of  objec- 
tion to  overruling  demurrer.  1913B- 
388. 

Speaking   demurrers.     14-348. 

7.    Amendments. 

A.     Generally. 

Abatement,  amendment  of  plea  in  abate- 
ment.    12-324. 

Additional  ground  of  negligence  as  cause 
of  same  injury,  amendment  to  com- 
plaint or  declaration  setting  forth,  as 
stating  new  cause  of  action.  1913D- 
742;    1916B-511;    1916E-1237. 

Amendment  to  complaint  relying  on  same 
cause  of  action  but  curing  demur- 
rable defects  in  original  complaint 
as  stating  new  cause  of  action. 
1914C-1025. 

Arbitration  and  award,  amendment  of 
pleadings    before    arbitrator.    20-603. 

Assault  and  battery,  amendment  in  civil 
action  to  set  up  defense  of  justifica- 
tion.    21-116. 

Capacity  in  which  suit  is  brought, 
amendment  of  complaint  so  as  to 
change  from  representative  to  in- 
dividual one,  or  vice  versa.  1916C- 
401. 


674    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


PLEADINO— Continued. 

Description  of  land  in  controversy, 
amendment  of  pleading  in  respect  to. 
14-455. 

Equity  pleading,  general  rules  as  to 
amendment.     1-976. 

Limitation  of  actions,  right  to  amend 
so  as  to  set  up  statute.     1914A-24. 

Nonexistent  plaintiff,  amendment  of 
pleading.     1917D-1196. 

Parties,  adding  or  substituting  new 
plaintiff  suing  for  use  of  original 
plaintiff,  right  to  amend  petition  or 
complaint.     1913B-110. 

— changing  character  in  which  defendant 
is  sued  aa  bringing  in  new  party. 
10-150. 

— new  parties  plaintiff,  right  to  amend 
action  by  adding  new  parties. 
1916C-591. 

Place  of  injury,  amending  complaint  for 
damages  for  personal  injuries  by 
changing  description  of  place  of  in- 
jury as  introducing  new  cause  of 
action.     1915B-219. 

B.     Time  of  Amendment, 

Ad  damnum  clause,  amendment  after  ver- 
dict.    1913B-709. 

Appeal  and  error,  amendment  of  pleading 
to  conform  to  proof  in  appellate 
court.     1913E-1315. 

Default  judgment,  right  to  amend  plead- 
ing  thereafter.     1913B-481. 

Trial  amendments.     5-674. 


C.    Effect  op  Amendment. 

Answer  to  amended  bill  or  complaint  as 
requiring  service  of  new  answer. 
1918A-205,  226. 

Continuance,  amendment  as  ground. 
1914A-1268. 

Divorce  case,  amendment  as  ground  for 
continuance.     1914B-361. 

Process,  amendment  of  pleading  as  re- 
quiring new  process.     1913B-831. 


8.    Verification. 

Appointment  of  receiver,  necessity  of 
verification  of  bill  or  complaint. 
1913A-608. 


PLEADING— Continued. 

Corporation,    manner    and    sufficiency    of 
verification    of    pleading.      1913A-212. 

Divorce  petition,  necessity  and  sufficiency 
of  verification.     11-799. 

Waiver  of  verification.     1918D-440. 


9.     FUing. 

Amicus  curiae,  right  to  file  pleading. 
1915A-196. 

Delivery  of  complaint  to  officer  when 
not  at  office  as  "filing"  thereof.  18- 
251, 

Filing  pleading  out  of  time  as  affecting 
right  to  subsequently  enter  default 
judgment.     1915C-738. 

"Kequire,"  legal  meaning  of  word  in  stat- 
ute relating  to  filing  of  pleadings. 
1912A-1235,  1239. 

Time  of  filing  as  computed  by  exclusion 
or  inclusion  of  Sunday  or  holiday. 
1917E-939. 


10.    Issues,   Proof   and   Variance. 

Exhibit  and  pleading  in  civil  action, 
which  governs  in  case  of  varinnce. 
16-490. 

Mental  weakness  (not  insanity),  neces- 
sity of  pleading  in  order  to  show. 
1915B-454. 

Negligent  acts  not  pleaded,  right  to  re- 
cover   upon.     1912A-641. 

Partial  failure  of  consideration,  right  to 
show  under  plea  of  total  failure. 
1914B-758. 

Reversal  of  judgment  for  technical  vio- 
lation of  rule  that  allegations  and 
proof   must    agree.     1913D-68. 

11.    Pleading    as    Evidence. 

Abandoned  pleading,  admissibility  in  evi- 
dence   against    pleader.     18-83. 

Admissions  in  pleading,  admissibility  and 
conclusiveness  against  pleader  in 
subsequent  action  with  stranger. 
18-79;    191oC-735;    1918E-549. 

Infant  defendants,  admissions  in  answers 
in  equity  as  evidence  against.  4- 
403. 

Pleading  superseded  by  amended  plead- 
ing as  admissible  against  pleader. 
1913A-1132. 


PLEADING. 


675 


PLKA.DING— Continued. 

12.    Particular     Proceedings. 

Agency,  complaint  in  action  for  wrong- 
ful arrest  against  principal  for  act 
of  agent,  necessary  allegations. 
1914B-640. 

Alienation  of  affections,  pleading  in  ac- 
tion against  parent.  8-813;  1917E- 
1020. 

— wife's  action  for  alienating  husband's 
affections,  necessary  allegations  of 
complaint.     1912C-1181. 

Alteration  of  instrument,  necessity  that 
defendant  plead  specially.  1913E- 
252. 

Assault,  justification,  necessity  of  plead- 
ing in  civil  action.     21-114. 

Associations,  pleadings  in  actions  against 
unincorporated   associations.     21-1092, 

Banks,  excessive  loan  by  national  bank 
director,  pleading  in  action  against. 
1912B-654. 

Bill  of  particulars,  contributory  negli- 
gence, right  to  bill  with  respect  to 
defense.     1916B-110. 

—criminal  actions,  bills  of  particulars. 
1913A-1207. 

— damages  in  negligence  action,  right  to 
bill  of  particulars.     1916B-110. 

— ^libel  or  slander,  right  to  bill  of  par- 
ticulars.    1915C-1266. 

— negligence  actions,  bills  of  particulars. 
3-161;  1916B-105. 

Breach  of  promise  of  marriage,  exemplary 
damages,  necessary  allegations  of 
complaint  to  support  recovery. 
1914B-321. 

— seduction  in  aggravation  of  damages, 
necessity  of  specially  pleading.  5- 
108;    1914B-1201. 

Building  contracts,  necessity  of  alleging 
excuse  for  nonproduction  of  archi- 
tect's or  engineer's  certificate.  5- 
721;    19-905. 

Burglary  insurance,  pleading  in  action 
on   policy.     1913C-1180, 

Carrier  of  goods  or  livestock,  pleading 
contract  stipulation  limiting  time  to 
present   claim.     9-23;    1914A-235. 

Checks,  action  on  bank  check,  sufficiency 
of  allegations  of  complaint.  1912A- 
184. 


PLEADING— Continued. 

Contempt  proceedings  in  federal  court, 
pleading  in.     191oD-1053. 

Conversion,  necessity  that  complaint  al- 
lege  time   of   conversion.     1913A-879. 

Corporations,  allegation  of  corporate  ex- 
istence, what  is  sufficient  in  action 
by  or  against.     1913C-335. 

— dissolution,  sufficiency  of  bill  or  com- 
plaint by  minority  stockholders  to 
wind   up    corporation.     1918E-431. 

— noncompliance  by  foreign  corporation 
with  domestic'  statutes,  necessity  of 
pleading  specially.     9-492, 

Criminal      actions,      conditional      plea     of 

guilty,    validity    and    effect.     1914A- 

451. 
— ^pleading     over     after    plea     of     former 

conviction   or  acquittal,   right  to.     9- 

130, 
— withdrawal    of    plea    of    guilty.     8-237; 

16-973;    1912D-243. 

Custom,  necessity  of  pleading  in  negli- 
gence  action,     1912B-1064. 

Damages,  future  disability,  right  to  re- 
cover in  absence  of  special  allegation, 
20-116. 

— loss  of  earnings  of  married  woman, 
necessity  of  pleading  in  action  for 
personal  injuries.     4-209. 

Death  by  wrongful  act,  necessitv  of 
pleading  statute  of  limitations  in 
action,     19-819;    1916D-1241. 

Divorce,  condonation  as  defense  in  di- 
vorce proceeding  to  be  specially 
pleaded.     1912C-22;    1918A-660,    668. 

— foreign  judgment  of  divorce,  necessity 
in  action  thereon  of  alleging  that 
court  had  jurisdiction  to  render. 
1913B-1193, 

— recrimination  as  defense  in  divorce, 
necessity  of  specially  pleading  to  per- 
mit introduction  of  evidence.  1913B- 
674. 

— residence  of  plaintiff,  necessity  of  al- 
leging  in    complaint,     12—1092. 

Ejectment,  necessity  that  defendant 
plead  statute  of  limitations.  21- 
1244. 

Employers'  liability,  necessary  allega- 
tions in  action  under  federal  act. 
1914C-171. 

Estoppel,  necessity  of  pleading  specially 
in  action  to  recover  real  property. 
1914C-1137. 


676     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


PLEADING— Continued. 

False  imprisonment,  necessity  of  alleg- 
ing and  proving  want  of  probable 
cause.     12-35. 

False  ,  representations,  scienter,  necessity 
and  sufficiency  of  allegation  in  action 
for   fraud.     16-646. 

Foreign  corporation,  compliance  with  do- 
mestic '  statute,  necessity  that  com- 
plaint allege.     2-1005;   13-69. 

— limitation  statute,  right  of  foreign  cor- 
poration to  plead.  1-9;  21-624; 
1915D-913. 

Frauds,  statute  of,  necessity  of  pleading 
where  defendant  denies  contract. 
1912D-46. 

Garnishment,  necessity  that  garnishee 
specially  plead  defense  of  setoff. 
15-706. 

Injunction,  complaint  supported  by  affi- 
davit based  on  information  and  be- 
lief as  basis  for  injunction,  suffi- 
ciency.    1-653;    18-817. 

— execution  sale,  ■  pleading  in  injunction 
against.     1918C-296. 

Insurance,  election  to  avoid  contract  for 
breach  of  warranty,  necessity  of  set- 
ting up.     14-91. 

Interest,  necessity  of  claiming  in  plead- 
ing.    1912A-1223. 

Interpleader,  necessity  that  bill  or  com- 
plaint show  that  alleged  claim  has 
reasonable  basis  on  which  to  rest. 
1913C-1196. 

Juvenile  court  proceedings.     1916E-101o. 

Libel  and  slander,  allegations  connecting 
plaintiff  with  defamatory  matter,  suf- 
ficiency of  complaint.     13-380. 

— averments  with  respect  to  publication 
and  time  and  place,  sufficiency  in 
complaint  for  slander.     1918B-504. 

— exact  language  of  defamatory  state- 
ment, necessity  that  complaint  set 
out.     9-495. 

— foreign  language,  pleading  and  proof  of 
libel   or    slander   in.     6-731. 

— ^justification,  necessity  of  pleading  spe- 
cially.    1913E-704. 

— ■mitigation  of  damages,  necessity  of 
pleading  matters  specially.     10-219. 

— ^publication  of  pleadings  before  they 
come  before  court  as  privileged  within 
law  of  libel.  11-162;  15-618;  1915A- 
129. 


PLEADING— Continued. 

— statements  by  party  in  pleadings  aa 
privileged  within  law  of  libel.  12- 
1025;    1913D-444. 

Life  insurance,  necessity  of  pleading 
insurable  interest  in  action  on  policy. 
3-538. 

Lost  instruments,  necessity  of  alleging 
loss  in  action  on.     11-253. 

Malicious  prosecution,  continuance  in 
force  of  judgment  in  original  pro- 
ceeding, necessity  of  alleging.  1913E- 
921. 

— necessity  of  alleging  in  action  that  all 
defendants  joined  in  instituting  pro- 
ceedings   complained    of.     9-1175. 

Master    and    servant,    assumption    of    risk 

and  contributory  negligence,  pleading 

as   defense.     18-967. 
— injuries     caused    in    operation    of    saw, 

complaint      in      action      by      servant. 

1913C-13S. 

— negligence  of  fellow-servant  as  defense 
to  action  for  injuries  by  servant,  ne- 
cessity of  pleading  by  master.  1913A- 
981. 

Negligence,  contributory  negligence  not 
pleaded,  availability  as  defense.  15- 
433;   1913B-845. 

— negligent  act  not  pleaded,  right  of  re- 
covery on.     1912A-641. 

— rule  as  to  complaint  alleging  proximate 
cause  as  applicable  to  injury  from 
excavation  in   street.     1913E-82. 

— two  or  more  acts  of  negligence  in  one 
count,  right  to  charge  in  action  for 
damages  for  personal  injuries.  1913C— 
101. 

Partnership,  complaint  in  action  against 
persons  composing  partnership,  neces- 
sity of  alleging  fact  of  partnership. 
1912A-512. 

Payment,  as  defense  to  action  for  exist- 
ing balance,  necessity  of  pleading. 
19I2B-487. 

Penalties,  complaint  in  action  to  recover 
penalty  for  violation  of  liquor  stat- 
ute.    i916E-872. 

— pleading  statute  of  limitations  as  de- 
fense.    12-87. 

Personal  injuries,  allegation  and  proof 
that  injury  for  which  suit  is  brought 
was  inflicted  "on  or  about"  certain 
day.     1916A-217. 


PLEDGE. 


677 


PLEADING — Continued. 

— ^impotency,  necessity  of  pleading  spe- 
cially in  action  for  personal  injuries. 
1916C-383. 

Quieting  title,  cross-'bill  in  suit,  right  to 
affirmative  relief.     1917D-674. 

Quo  warranto,  necessity  of  alleging  in  in- 
formation legal  existence  of  office  in 
question.     5-691. 

Eailroads,  proper  pleading  in  action 
against  railroad  for  damages  caused 
by  its  lessee.     9-6S2. 

Receivers,  action  by  foreign  receiver  to 
recover  assets,  necessary  allegations 
of  bill  or  declaration.     5-573. 

Replevin,  general  denial  in  replevin,  what 
may  be  shown  under.     20-297. 

— ownership  or  right  to  possession,  neces- 
sity and  sufficiency  of  allegation  in 
complaint.     11-1150;   1912A-333. 

Sales,  breach  of  warranty  on  sale  of  seed, 
pleading  in  action.     1918B-86. 

Setoff,  necessity  that  garnishee  plead  de- 
fense specially.     15-706. 

Ships  and  shipping,  pleading  in  proceed- 
ings to  limit  vessel  owners'  liability. 
1913D-1235. 

Taxpayer's  action,  form  of  declaration  or 
bill.     1913C-913. 

"Usury,  right  to  show  under  general  denial 
in  replevin.     20-301. 

— sufficiency  of  complaint  in  action  against 
national  bank  to  recover  penalty  for 
taking    usurious    interest.     1912C-689. 


PLEDGE. 

1.  In  Greneral. 

2.  Validity  and  Elglit  to  Make. 
S.  Rights  of  Pledgee. 

i.  Liabilities  of  Pledgee. 

1.    In  General. 

Attachment  of  pledged  chattel,  what  is 
sufficient  levy.     1916B-997. 

Bank  advancing  money  to  shipper  on  se- 
curity of  bill  of  lading  with  draft 
attached  as  pledgee  of  the  goods. 
14-1053. 

Chattel  mortgage  as  distinguished  from 
pledge.     1912B-962. 


FLEDGE — Continued. 

Sale  as  distinguished  from  pledge.  1915A- 
1082. 

Surety  as  discharged  by  negligence  of 
creditor  in  enforcing  collateral  se- 
curity.    1912D-115. 


2.    Validity  and  Eight  to  Make. 

Bank  assets,  power  of  bank  to  pledge  to 
secure   deposits.     1915C-171. 

Book  accounts,  manner  of  pledging.  18- 
446. 

Corporate  stock,  validity  of  pledge  not  in 
writing.     6-481. 

Decedent's  personalty,  validity  of  pledge, 
by  executor  or  administrator  as 
against    estate.     1912C-979. 

Factor  or  agent,  right  of  principal  to  re- 
cover property  or  its  value  pledged 
without    authority.     1913C-1290. 

Married  woman,  right  to  pledge  property 
to  secure   husband's  debts.    1917B-604. 

Negotiable  note,  transfer  as  security  for 
antecedent   debt.     1-275 j    21-936. 

Pledge  without  delivery,  validity  as 
against  pledgor  or  person  claiming 
through    him.     11-793. 

Stock  brokers,  advancing  purchase  price 
of  stock  by  broker  for  customer  as 
constituting  pledge.     6-107. 

—assignment  of  contract  for  future  de- 
livery on  margin  as  constituting 
pledge.     1915B-940. 

•^right  of  broker  to  pledge  stock  of  cus- 
tomer.    1915B-918,    943;    1917A-434. 

•—stock  carried  on  margin,  right  of 
broker  to  pledge.     1912B-563. 


3.    Rights   of  Pledgee. 

Agent's  pledge  of  personalty  contrary  to 
express  instructions,  rights  of  pledgee 
against   principal.     1913C-612. 

Bills  and  notes,  right  of  pledgee  of  note 
to  enforce  same  against  maker  as 
affected  by  payment  to  pledgee  of 
debt  secured  by  note.     1914B-251. 

Corporate  stock,  action  to  preserve  corpo- 
rate assets,  right  of  pledgee  of  stock 
to   maintain.     12-620. 

— dividends,  right  of  pledgee  to  collect. 
3-725;  1913E-1057. 


678     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


FLEDGE — Continued.. 

— voting  stock,  right  as  between  pledgor 
and  pledgee.     1912A-206. 

Foreclosure  of  mortgage  by  pledgee.  16- 
125. 

Eecourse  against  pledge  after  bar  of  prin- 
cipal obligation.     2-271;   14-S47. 

Sale  of  pledged  property,  debt  or  collat- 
eral given  to  secure  debt,  right  of 
pledgee  to  sell.     1916B-237. 

— ^private  sale  of  pledged  property  by 
pledgee,   validity.     4-1166. 

-^purchase  of  pledged  property,  right  of 
pledgee.     1912A-524. 

4.    Iiiabllitles  of  Pledgee. 

Conversion  by  pledgee,  necessity  of  ten- 
der of  debt  secured  before  action  can 

be  brought  against  him.     10-1125. 
Corporate    stock,    liability    for    corporate 

debts    or    calls   of    person   who    holds 

stock  as   collateral   security.     10-783; 

21-108. 
Fiduciary  capacity  of  pledgee   or  pledgor 

within   meaning    of   Bankruptcy   Act. 

1915A-1298. 
Lien,  loss  by  temporary  return  of  pledged 

chattel   to   owner.     1915B-1004. 
Loss    due   to  depreciation   in   value   after 

maturity  of  debt,  liability  of  pledgee. 

7-395. 
Property  not  owned  by  pledgor,  liability 

of  pledgee  as  for  conversion.     1914A- 

345. 
Public    property,   liability   of   civilian   for 

receiving   in   pledge    from    soldier    or 

sailor.     1918E-523. 
Eefusal  to  return  pledge  upon  tender  of 

debt,     right     of     action     of     pledgor 

against  pledgee..    18-719. 


PLEURISY. 

Injury    resulting    in   pleurisy,   inadequacy 
of  verdict.     1916B-434. 


PLUMBERS. 

Dealer,   plumber  as  "dealer."     1917A-960. 
License    tax,    validity    and    interpretation 

of    statute    imposing.     7-580;    18-181; 

1913E-1081. 

"Trade,"  plumber  as  engaged  in.     1916A- 
1200. 


PLUMBING. 

Defects  in  plumbing,  duty  of  landlord  to 
inform  tenant.     1-679. 


PNEUMONIA. 

Disease  as  accident  arising  out  of,  and  in 
course  of,  employment  within  Work- 
men's Compensation  Act.  1918B-772, 
779. 

Injury  resulting  in  pneumonia,  inadequacy 
of  verdict.     1916B-434. 


POINTING  WEAPON. 

Pointing  unloaded  firearm  as  assault.     13- 
484. 


POISONS. 

Accident  insurance,  "poisoning"  resulting 
from  voluntary  act  within  policy.  1- 
255. 

Contributory  negligence  of  injured  person, 
his  agents  or  servants  aa  bar  to  ac- 
tion for  sale  of  poison  by  mistake. 
8-896. 

Possession  by  others  than  dealer,  licensee, 
etc.,  validity  of  statute  prohibiting. 
1912C-972. 

Sale  by  druggists,  construction  of  stat- 
utes regulating.     20-491. 


POLES. 

Assumption  of  risk,  applicability  of  doc- 
trine  to   lineman.     1912B-467. 

Fall  of  pole  of  public  service  corporation, 
liability  of  municipality  for  injury 
resulting.     1913E-379. 

Force  in  setting  telephone,  telegraph  or 
electric  pole  on  land,  use  in  aid  of 
right.     1913E-476. 

Mechanic's  lien,  erection  of  poles  for 
transmission  of  electricity  as  subject 
to.     1912B-16. 

Obstruction  to  view  of  approaching  train, 
locomotive  or  street-car,  telegraph, 
telephone,  trolley,  or  electric  light 
poles  as.     20-295. 

Personalty  or  realty,  telephone,  telegraph 
and  electric  companies  as  constitut- 
ing.    9-1192. 


POLICE— POLITICAL  RIGHTS. 


679 


POLES — Continued. 

Prescription,  acquirement  of  right  to 
maintain  telegraph,  telephone  or  elec- 
tric  light   pole.     1916E-981. 

Revocation  of  right  of  electric  company 
to  maintain  poles  in  street.  1917E- 
525. 

Eight  of  person  to  cut  down  telegraph 
or  telephone,  erected  on  or  in  front 
of  property.     14-579, 


POLICE — Continued. 

Workmen's  Compensation  Act  as  applica- 
ble  to   policemen.     1917D-33. 

Wrongful  act  of  officer  in  impounding 
or  killing  animal  running  at  large, 
liability  of  municipality.     21-984. 


POLICE  JUDGES. 

Parole  powers.     1915C-56o. 


POLICE. 

Buildings  of  police  department,  municipal 
liability  for  management  and  main- 
tenance.    13-763. 

Carrying  concealed  weapons,  exemption 
from    statute    against.     1914A-256. 

Finger-print  as  part  of  police  record. 
1917A-418. 

Free  transportation  by  carriers  of  passen- 
gers, validity  of  statute  requiring. 
1917C-92. 

Injunction  against  surveillance  of  busi- 
ness or  amusement  place  by  police- 
man.    5-483. 

Injury  to  policeman  while  on  train  or 
premises  in  discharge  of  official  duty, 
liability  of  carrier  or  owner,  9-1123; 
21-499;    1914B-518. 

Libel  and  slander,  reports  of  proceed- 
ings as  within  rule  of  privilege  under 
law   of   libel   and   slander.     1915A-37. 

Metropolitan  police,  validity  of  statute 
creating.     8-1162;    1917D-1112. 

Municipal  liability  for  acts.  13-1017; 
1913C-471. 

Notic6  to  policeman  of  defect  in  street 
as  notice  to  municipality.  1914B- 
168. 

Partial  invalidity  of  statute  relating  to 
municipal  police  department,  validity. 
1916D-75. 

Pensions,  validity  of  act  providing  pen- 
sion for  police.  1912C-545;  1918D- 
454. 

Public  officer,  policeman  as.  1914D- 
1235;    1917B-663. 

Eemoval,  failure  to  enforce  law  as 
ground.     1918B-145. 

Theaters  and  amusement  places,  right  to 
compel  proprietor  to  furnish  at  own 
expense.     20-361;    1916A-1183. 


POLICE  POWER. 

See   Constitutional   Law;    Health;    Labor; 
Licenses;    Municipal   Corporations. 


POLITICAL  ACTIVITY. 

Public  officer,  validity  of  statute  prohibit- 
ing.    1915A-558. 


POLITICAL  BELIEF. 

Eligibility     to      office     as      affected     by. 
1915A-594;   1918D-1037. 


POLITICAL  BIAS. 

Judge    as    disqualified    by    political    bias 
or  prejudice.     20-424. 


POLITICAL  CANDIDACY 

Prohibitory    statutes    against    advertising. 
1916A-907. 


POLITICAL    CRITICISM. 

Libel    or    slander    by    means    of.     1914G- 
997;    1917D-694. 


POLITICAL  PARTIES. 

Campaign  fund,  corporate  money  con- 
tributed by  officer  of  corporation 
as  criminal  offense.     10-320. 

Interference  by  courts  with  party  goV' 
ernment    or    nominations.     21-296. 


POLITICAL  RIGHTS. 

Jurisdiction     of     equity     to    protect.     10- 
976;    1915C-989. 


680    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


POLL  TAX. 

Classification  for  poll  tax  as  affected  by 
constitutional  requirement  of  uni- 
formity.    1-639. 


Constitutionality    of    poll    taxes. 
1917E-1208. 


12-317; 


Requiring  citizen  to  work  on  highway  as 
imposing.     1912A-739. 


POOLROOMS. 

Eegulation  and  suppression  as  exercise 
of  police  power.     2-71. 

Turf  exchange  or  poolroom  as  nuisance. 
1915C-1033. 

"What  constitutes  buying  or  selling  pools 
within  statute  against  gaming. 
1916B-100. 


POLLUTION. 

Air  and  water,  pollution  by  gas  works  as 
nuisance.     21-1250. 

Injunctive  relief  against  independent 
acts  of  pollution  by  several  per- 
sons, single  suit  by  riparian  owner. 
9-516. 

Joint'  liability  in  damages  of  persons 
polluting  stream  independently.  10- 
773. 

Measure  of  damages  for  pollution  of 
watercourse.     9-534;    21-1054. 

Mining  operations,  liability  for  pollu- 
tion  of   stream.     10-587;    1913D-1082. 

Penalty  for  polluting  stream,  validity 
and  construction  of  statute  impos- 
ing.    1914A-1180;  1917D-1094. 

Prescriptive  right  to  pollute  watercourse. 
3-24;    1912C-182. 

Underground  waters,  liability  for  pollu- 
tion.    16-676. 


PONDS. 

Bathing  in  ponds,  validity  of  laws  pro- 
hibiting.    1913B-223. 

Drainage  of  ponds  formed  by  surface 
water.     2-197;    11-1143;    1915C-971. 

Municipal  property,  attractive  nuisance' 
doctrine    as    applicable.     1915C-288. 

Unguarded  pond,  liability  of  land  owner 
for  injury  to  trespassing  child.  7- 
200;  11-990;  1913A-1032;  1916C- 
1085. 


POOL. 

Keeping  pool-table  as  subject  of  exercise 
of  police  power.     11-66;    1913D-1052. 

Playing     for     the     price     of     game     as 
gambling.     2-619. 


POOR  AND  POOR  LAWS. 

Almshouse,  liability  of  municipality  for 
negligence  in  respect  to  condition 
of  or  performance  of  services  inci- 
dent.    4-624;   1918D-803. 

Attorney  assigned  by  court"  to  defend 
indigent  accused,  right  to  compensa- 
tion.    1913E-206. 

Champerty  and  maintenance,  assistance 
in  prosecution  or  defense  of  suits  as 
maintenance.     11—69. 

"Child"  in  statute  relating  to  poor  as 
including  illegitimate  child.  1918B- 
257. 

Contribution  between  relatives  support- 
ing paupers.     1915D-242. 

Judgment  against  principal  as  evidence 
against  surety  on  bond  to  support 
poor.     1915D-410. 

Medical  attendance  furnished  pauper, 
liability  of  municipality  to  individual 
for.     1916D-183. 

Municipal  power  to  take  property  as 
trustee   for   support   of   poor.     17-749. 

"Necessary  expense"  incurred  by  super- 
intendent of  poor,  what  is.  1918D- 
928. 

Past  maintenance,  liability  for.     1-35. 

Pauper  or  poor  person,  who  is  within 
poor  laws.     20-756;    1916C-389. 

Relief  of  pauper,  failure  to  furnish,  lia- 
bility of  municipality  or  proper  oflS- 
cers.     1913D-1074. 

Residence  of  pauper  as  synonymous  with 
domicile.     1915C-790. 

Settlement  rights,  confinement  in  prison 
as  affecting.     13-691. 

— effect  of  division  of  district  upon  set- 
tlement rights  of  settled  pauper. 
10-32. 

Unsettled  or  transient  pauper,  liability 
for  support.     1913C-82. 


POPULATION— POSSESSION. 


681 


POPULATION. 

Census  reports  as  evidence.     9-883. 

Classification     for     legislation     based     on 
differences,    validity.     15-856. 


PORCHES. 

Restriction  against  erection  of  building 
less  than  certain  distance  from  front 
line  of  premises  as  applicable  to 
porch.     1914A-13. 


PORTERS. 

Tips    as    part    of    "average    weekly   earn- 
ings."    1918B-1122. 


PORTRAITS. 


Contracts  for  painting  portraits  as  within 
statute    of    frauds.     19-1306. 

Loss  or  destruction,  measure  of  damages 
where  no  market  value.  9-1148; 
1917B-579. 

Moving  pictures,  unlawful  use  of  por- 
trait.    1916C-308. 

Use  other  than  particular  purpose  for 
which  made  or  received,  right  to 
make.     9-1016;    1914B-376. 


POSSE. 

Carrying  concealed  weapons,  exemption  of 
member  of  posse  from  statute  against. 
1914A-256. 


POSSESSION. 

1.  Real  Property. 

2.  Personal  Property. 

See  Adverse  Possession. 

1.    Beal  Property. 

Eminent  domain  proceedings,  taking  pos- 
session before  or  after  award  as  af- 
fecting right  to  interest  as  compen- 
sation.    15-109. 

Exchange  of  property,  parol  contract  for 
exchange  of  possession  as  within 
statute  of  frauds.     1912A-309. 

Forcible  entry  and  detainer,  personal 
presence  or  mere  occupancy  as  posses- 


POSSESSION— Continued. 

sion     sufficient     to     warrant     action. 
21-1226. 

Landlord  and  tenant,  assignment  of  lease, 
necessity  of  occupation  by  assignee 
to  create  liability  for  rent.  1916E- 
801,   842. 

— delivery  of  possession,  measure  of  dam- 
ages recoverable  by  tenant  for  fail- 
ure  of  landlord.     1915B-80o. 

— implied  covenant  by  lessor  to  give  pos- 
session to  lessee.     14-402. 

Quieting  title,  agent's  or  tenant's  pos- 
session of  Jand  as  sufficient  to  enable 
principal  or  landlord  to  maintain  suit. 
18-860. 
. — ^limitation  of  actions,  possession  of 
plaintiff  as  affecting  running  of  stat- 
ute   against   action.     20-44. 

— necessity  of  alleging  title  or  possession 
at  time  of  commencement  of  action. 
1913D-386. 

Slander  of  title,  necessity  of  possession 
to  support  action  for  slander  of  title. 
1913C-1361. 

Tenants  in  common,  possession  of  one  as 
creating  liability  to  account  for  rents 
and   profits.     18-1082. 

Trees  or  timber,  possession  as  prerequisite 
to  right  of  injunction  against  injury. 
11-459. 

Trespass,  possession  of  land  under  color 
of  title  as  giving  right  of  action 
against  mere  trespasser.  4-190; 
1915D-37. 

Vendor  and  purchaser,  constructive  notice 
to  purchaser  flowing  from  possession 
by  tenant,   extent   of.     1913A-1214. 

I — defective  description  of  land  in  con- 
tract of  sale  as  cured  by  putting 
purchaser   in   possession.     1912A-750. 

• — destruction  of  building,  possession  by 
purchaser  under  executory  contract 
as  affecting  rights  of  parties.  9- 
1056;   18-796;   1913E-304. 

> — existing  possession  continued  under 
oral  contract  for  purchase  of  land  as 
sufficient  part  performance  to  satisfy 
statute   of  frauds.     9-135. 

— implied  right  of  purchaser  to  possession 
of   realty.     4-1018. 

— interest  where  completion  of  contract 
is  delayed,  liability  of  purchaser  in 
possession  under  contract  of  sale  for 
land.     8-935. 


682    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


POSSESSION— Continued. 

— lien  of  purchaser  for  purchase  money 
paid  under  verbal  contract  of  sale 
on  vendor's  failure  to  perform  as 
dependent  on  possession.  8-960;  15- 
824. 

^possession  of  one  of  several  parcels  of 
land  as  part  performance  sufficient 
to  satisfy  statute  of  frauds.     8-80. 

•^taking  possession  by  vendee  without 
knowledge  or  consent  of  vendor  and 
not  in  pursuance  of  parol  contract 
for  sale  of  land  as  part  performance 
satisfying  statute  of  frauds.  1913E- 
510. 

— taxes,  purchaser  in  possession  of  land 
under  executory  contract  of  sale  as 
liable    therefor.     18-451. 


2.    Personal  Property. 

Attachment,  necessity  of  manual  posses- 
sion to  constitute  sufficient  levy  on 
personal  property.     1916B-986. 

Bills  and  notes,  payment  to  bank  where 
note  is  made  payable  as  discharge 
of  maker  as  affected  by  bank's  hav- 
ing or  not  having  possession.     5-298. 

— sufficiency  of  payment  of  note  at  place 
payable  to  one  not  in  possession  of 
note.     14-879. 

Burglary,  possession  of  stolen  property 
as  evidence.     19-1281. 

Change  of  possession,  necessity  within 
rule  as  to  fraudulent  conveyances 
on  joint  owner's  sale  of  interest  in 
property  in  possession  of  other  owner. 
1912B-460. 

— -property  sold  without  change  of  posses- 
sion as  ground  for  attachment. 
1914D-1094. 

— rule  as  to  change  of  possession  with 
respect  to  fraudulent  conveyances  as 
affected  by  retention  of  vendor  in 
employ   of  vendee.     1912A-608. 

Chattel  mortgages,  insecurity  clause  as 
affecting  right  of  mortgagee  to  take 
possession.     1914B-1097. 

— ^leaving  property  in  possession  of  third 
person  as  sufficient  to  dispense  with 
filing  of  chattel  mortgage.  1915C- 
605. 

•—possession  of  mortgagee  as  affecting 
necessity  of  acknowledgment  to  chat- 
tel mortgage.     1915D-307. 


POSSESSION— Continued. 

Deeds,  possession  of  deed  by  grantor  at 
time  of  death,  as  affecting  issue  of 
delivery.     1914C-858. 

Factors,  lien  for  commissions  as  depend- 
ent  on   possession.     3-644. 

Fire  insurance,  sufficiency  of  title  of  in- 
sured where  possession  of  vendor  or 
vendee  is  held  under  executory  con- 
tract of  sale.  3-710;  7-498;  9-461; 
18-864;   1913C-173. 

Fish  and  game,  constitutionality  of  stat- 
ute imposing  penalty  for  each  piece 
of  game  unlawfully  in  possession. 
3-15. 

— ^imported  game,  validity  of  statutes 
prohibiting   possession.     2-229.    _ 

Forgery,  possession  of  forged  instrument 
in  particular  county  as  warranting 
inference  of  forgery  in  that  county. 
1912A-305. 

Gifts,  donee's  possession  after  donor's 
death  as  evidence  of  gift  inter  vivos. 
1913B-563. 

Intoxicating  liquor,  prohibition  against 
possession  for  personal  use,  right  of. 
19-163;    1916E-780. 

Larceny,  right  of  possession  of  person 
from  whom  property  is  stolen  as 
affecting  crime.     13-495. 

Malicious  prosecution,  possession  of 
stolen  property  as  evidence  of  proba- 
ble   cause   in    action.     1913A-745. 

Pledge,  possession  of  chattel  as  determin- 
ing issue  whether  pledge  or  chattel 
mortgage.     1912B-964. 

Recaption,  right  of  owner  of  personal 
property  to  recover  possession  by 
necessary  force.     6-503. 

Eeceiving  stolen  goods,  admissibility  of 
evidence  of  possession  of  other  stolen 
property.     6-916;    1913D-163. 

— possession  of  stolen  property  as  proof 
of  guilty  knowledge.     15-902. 

Replevin,  necessity  and  sufficiency  of  alle- 
gation as  to  right  to  possession  in 
complaint.     11-1150;    1912A-333. 

Robbery,  length  of  possession  sufficient 
to  constitute  robbery  of  property 
taken.     14-188. 

— vendor's  possession  of  chattel  as  raising 
implied  warranty  of  title  on  sale. 
36-61. 


POSTHUMOUS  CHILD— POSTOPFICE. 


683 


POSSESSION— Continued. 

Sales,  continuance  of  existing  possession 
by  vendee  as  sufficient  delivery  to 
take  verbal  sale  of  goods  out  of 
statute  of  frauds.    13-715;  1917B-572. 


POSTHUMOUS  CHILD. 

Death  by  wrongful  act,  effect  of  recovery 
on  rights  of  posthumous  child  of  de- 
deceased.     1918D-556. 

Wills,  revocation  of  will  as  affected  by 
birth  of  posthumous  issue.  1913D- 
1333. 

— testamentary  gift  to  children  as  includ- 
ing child  en  ventre  sa  mere.  7-134; 
12-200;    1916E-1034. 

Workmen's  compensation,  posthumous 
child  as  "dependent"  within,  act. 
1918B-755. 


POSTMORTEM. 

See  Autopsy;  Coronen. 

POSTOFFICE. 

1.  In  General. 

2.  Statutory  Provisions. 

3.  Offenses  Against  Postal  Laws. 

4.  Postal  Employees. 

1.    In  Greneral. 

Contracts  effected  by  mail,  time  when 
complete.     6-378. 

Court  interference  with  receipt  or  "de- 
livery of  mail.     17-1068. 

Deposit  in  mail,  what  constitutes.     7-125. 
— notice     of     dissolution     of     partnership, 

deposit  in  mail  as  sufficient.     9-243. 
— papers   or   documents   deposited   in   mail 

as    constituting    delivery.     2912D-349. 

Letters,  authenticity  of  letter  received 
in  reply  to  letter,  presumption  as  to. 
11-887;  1917E-10o8,  1072,  1076; 
1918E-510. 

— receipt  of  letter  properly  addressed  and 
mailed,  presumption  thereof  and  re- 
buttal,    3-75;    6-378. 

Libel  and  slander,  letters  sent  through 
mail  addressed  to  defamed  person  as 
constituting  publication.  1-190;  11- 
425. 


POSTOFFICE— Continued. 

Mailing  of  letter,  sufficiency  of  evidence 
to  show.     19-651;   1917E-1076. 

Negotiable  instrument  delivered  by  mail, 
place  of  execution.     1915D-1138. 

Notice  of  cancellation  of  fire  insurance 
policy  sent  by  post,  sufficiency.  17- 
798;    1915A-1234. 

Process  served  by  mail,  when  complete. 
18-286. 

Replevin  to  recover  mail,  action  against 
postmaster.     17-1071. 

Telegraph  company,  message  mailed  to 
addressee,  liability  for  delay  in  de- 
livery.    1914A-115. 


2.    Statutory  Provisions. 

Carriage  of  mailable  matter  over  post 
routes  otherwise  than  in  mails,  va- 
lidity and  construction  of  statutes 
prohibiting.     21-703. 

Statute  regulating  matter  sent  by  mail 
as  violating  constitutional  liberty 
of  speech  and  press.  15-9;  1915B- 
1186. 


3.    Offenses  Against  Postal  Laws. 

Anonymous  letter,  sending  through  maOs 
as   criminal   offense.     1917C-699. 

Cruel  and  unusual  punishment  for  fraudu- 
lent   use    of    mails.     1918B-401. 

— sending    threatening    letter.     19-731. 

Decoy  letters  as  subject  of  embezzlement 
or  larceny  under  postal  laws.     4-878. 

Espionage  act,  validity  as  applied  to 
mails.     1918B-1011. 

Fraud,  intent  to  defraud  as  essential  ele- 
ment of  offense  of  using  mails  to 
defraud.     18-1044. 

—scheme  to  defraud,  what  constitutes 
within  federal  statute  prohibiting  use 
of  mails  in  furtherance.  1914D-1242; 
1917C-458. 

Inducement  to  commit  offense  against 
postal  law  with  view  to  prosecution 
therefor  as  defense  to  such  prosecu- 
tion.    17-297;  1916C-733. 

Obscene  matter,  description  in  indictment 

for    using    mails.     9-49. 
•—"knowingly"      distributing     or     mailing 

obscene  matter.     1912A-434. 


684    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


POSTOrnCE — continued. 

—necessity  of  deposit  in  mail  to  con- 
stitute offense  of  using  mails  to  dis- 
seminate obscene  matter.     7-125. 

Obstructing  or  detaining  mails.  1912A- 
435. 

4.    Postal   Employees. 

Carrying  concealed  weapons,  exemption 
of  postal  employee  'from  statute 
against.     1914A-257. 

Postal  clerks,  classification  as  employee 
rather  than  passenger,  validity  of 
statute.     8-89. 

—contract  between  government  and  car- 
rier limiting  liability  of  latter  for 
injuries  to  mail  agents,  validity  and 
effect.     12-1078. 

— duty  and  liability  of  carriers  of  pas- 
sengers toward  postal  clerks.  6-863; 
11-882. 

Postmaster's  act  done  in  accordance  with 
directions  of  superior  officer,  liability 
of  postmaster   and   sureties.     17-1189. 

Workmen's  compensation,  injury  to  post- 
man as  accident  in  course  of  employ- 
ment.    1913C-14. 


POSTPONEMENT. 

See  Adjournment;  Continuance. 


POSTS. 

Obstruction    of    street    by   posts,    liability 
of  municipal  corporation.     1-968. 


POULTRY. 

Damages  against  owner  who  permits  fowls 
to  trespass  on  another's  land.  1913C- 
757. 

Fowl  as  animal.     191oA-1242. 

Keeping  within  municipal  limits,  validity 
of    regulatory    ordinance.     14-1003. 

I/arceny  of  fowls,  sufficiency  of  proof  with 
respect  to  description  in  indictment. 
17-739. 


POVERTY. 

Argument  of  counsel,  propriety  of  refer- 
ence to  poverty  of  party  to  action. 
1917B-312. 


POWDER. 

Keeping  within  municipal  limits,  va- 
lidity of  ordinance  regulating. 
1918E-148. 

Seller  of  powder  as  "dealer."  191 7A- 
961. 

Storage    of    powder    as    nuisance.     1916C- 

821. 
— injunction    against    storage    or    keeping 

of  powder.     14-594. 


POWER-HOUSE. 

Nuisance,    power-house    of    electric    light 
or    power    company    as.     8-567. 


POWER  OF  ATTORNEY. 

See  Agency. 


POWERS. 

Application  of  purchase  money,  duty  of 
purchaser  from  life  tenant,  trustee 
or  other  donee  of  power  to  sell  to  see 
to  application.     4-371. 

Appointment,  lesser  or  qualified  estate, 
right  of  donee  of  general  power  of 
appointment    to    appoint.     4-1191. 

— parol  evidence,  admissibility  to  deter- 
mine testator's  intention  to  execute 
power   of   appointment.     1915B-52. 

• — real  estate  subject  to  charge,  right  of 
donee   of  power  to  appoint.     7-138. 

— trustee,  who  may  be  appointed  by 
donee  of  power  to  appoint.  4-405; 
1913D-147. 

• — wills,  how  power  of  appointment  to  be 
exercised  by  will  may  be  exercised. 
1918E-1161. 

Bequest  of  personalty  with  absolute  power 
of  disposition,  interest  acquired.  17- 
480. 

Estoppel  of  donee  of  power  from  volun- 
tary    exercise     thereof.     1913C-424. 

Executor,  implied  power  to  sell  real  es- 
tate of  testator.  1916D-410,  448,  449, 
451. 

General  devise  or  bequest  not  referring 
thereto  as  execution  of  power  to 
dispose  of  property.  16-203;  1914D- 
586. 

Injunction  against  testamentary  power 
of  executor  to  sell  realty,  right  of 
heirs  or  legatees  to  enjoin.  1912B- 
1019. 


PRACTICE  AND  PROCEDURE— PREFERENCES. 


685 


POWEES — Continued. 

Life  estate  with  power  of  disposition, 
devise    over    as   affecting.     7-953. 

— estate  created  by  grant  or  devise  with 
absolute  power  of  disposition. 
1912B-424;    1916D-400. 

Power  coupled  with  interest,  power  of 
sale  in  trust  deed  or  mortgage  as. 
4-58;    1918E-1021. 

- — revocation  of  power  coupled  with  in- 
terest by  death  of  principal.  1917E- 
384. 

Eeference  to  power  in  instrument  given 
in  execution  of  power,  necessity. 
1913D-288;    1917A-242. 

Eemainder  defeasible  by  execution  of 
power,  vested  or  contingent  char- 
acter.    5-810. 

Substituted  trustee,  right  to  execute 
power  conferred  on  original  trustee. 
lfr-325;    1913A-1283. 


PRACTICE  AND 
PROCEDURE. 

See  Actions;  Pleading;  Trial. 

Partial  invalidity  of  statute  relating  to 
practice  in  civil  and  criminal  cases, 
effect.     1916D-78. 

"Person"  in  regulatory  statute  as  includ- 
ing private  corporation.  20-741; 
1914A-1310, 

PRACTICE  OF  LAW. 

See  Attorneys. 

PRACTICE  OF  MEDICINE. 

See  Physicians   and  Surgeons. 


PRECINCTS. 

See  Elections. 

with     precinct. 


Village     as     synonymous 
1918D-267. 


PRECIOUS  STONES. 

Precious   stones  as  minerals.     1912C-419. 


PREDECEASED  CHILD. 

Right  of  representative  to  share  in  re- 
mainder given  to  children  as  a  class. 
2-645;  1917B-1245. 


PRE-EXISTING  DEBT. 

Bills  and  notes,  transfer  of  negotiable 
note  as  security  for  antecedent  debt. 
1-275;   21-936;    1917D-386. 

Chattel  mortgage,  precedent  debt  as  good 
consideration.     12-79;   1917B-935. 

Purchaser  of  chattel  for  pre-existing  debt 
as  purchaser  for  value.     1918A-455. 

Vendor  and  purchaser,  person  taking  con- 
veyance of  realty  in  payment  of  pre- 
existing debt  as  purchaser  for  value. 
1918A-112. 


PRE-EXISTING 
DISEASE. 

Accident  insurance,  pre-existing  disease 
as  affecting  right  of  recovery.  1918B- 
303. 

;V?'orkmen's  compensation,  allowance  in 
case  of  injuries  connected  with  pre- 
existing disease.     1918B-319,  354. 


PREAMBLES. 

Preamble   as  aid  to   construction  of  stat- 
ute.    1917C-500, 

PREACHERS. 

See  Ministers  of  the  Gospel. 

PRECATORY  TRUSTS. 

General   rule   as   to   creation.     2-593;    21- 
321;    1915D-418. 


PREFERENCES. 

See  Bankruptcy;   Insolvency. 

Composition  with  creditors  as  avoided  by 

preferences.     1914A-845. 
•—validity  of  note  or  other  security  given 

as   secret   preference.     16-1072. 

Public  funds  deposited  in  insolvent  bank, 
right  to  preference.  8-116;  1913D- 
391;   1916B-1264. 

Stockholder's  right  to  preference  in  sub- 
scribing for  new  stock.  9-745; 
1918B-132. 


686    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


PREFERRED  STOCK. 

Cumulative  dividends,  right  of  holder  of 
preferred  stock.     6-216. 

Distribution  of  corporate  assets,  right  of 
preferred  stockholder.     20-122. 

Preferred  stockholder  as  creditor  or  stock- 
holder of  corporation.     1917B-558. 

Eight  to  vote,  validity  and  effect  of  char- 
ter or  by-law  provision  excluding  pre- 
ferred stockholders.    4-567. 


PREGNANCY. 

Abortion,  pregnancy  as  element  of  crime. 
21-522. 

Antenuptial  pregnancy  as  ground  for  di- 
vorce or  annulment  of  marriage. 
1913A-134. 


PREJUDICE. 

Custodian  of  jury,  prejudice  as  disquali- 
fying him  from  acting.     1912C-882. 

Excessive  verdict  due  to  prejudice  as  sub- 
ject to  remittitur.     3-939;   1912C-509. 

Judge,  disqualification  by  prejudice  against 
liquor  traflSc  to  try  case  involving 
liquor  law.     1912A-1203. 

— political  bias  or  prejudice  as  dis- 
qualification.    20-424. 

— waiver  of  disqualification  for  prejudice. 
10-972. 

Jury,  business  of  party  to  action,  preju- 
dice against  as  disqualifying  juror. 
20-1312. 

^capital  punishment,  prejudice  against  as 
disqualifying  juror  in  criminal  case. 
1912A-786. 

—race  or  color  of  party,  prejudice  as  dis- 
qualifying juror.  1912B-969;  1917C- 
1167. 

Removal  of  cause  from  state  to  federal 
court  for  prejudice  as  dependent  on 
citizenship.     4r-455. 

Venue,  change  on  ground  of  prejudice, 
weight  of  newspaper  articles  as  evi- 
dence,    18-789. 

— judge's  bias  or  prejudice  as  ground  for 
change  in  absence  of  express  atatu- 
tory  provision.     10-265. 


PRELIMINARY  EXAMINA- 
TION. 

Delay  in  presenting  prisoner  for  examina- 
tion as  constituting  false  imprison- 
ment.    13-984J  1914A-717. 

Depositions  taken  at  preliminary  exami- 
nation as  admissible  on  trial.  1916A- 
1086,  1111. 

Holding  accused  for  another  charge  after 
waiver  of  preliminary  examination  on 
original    charge.     18-524. 

Indictment,  right  of  grand  jury  to  find 
before  or  pending  preliminary  exami- 
nation.    1912D-145. 

Right  of  accused  person  to  preliminary 
examination.     1916E-312. 

Waiver  by   accused  person.     1917E-179. 


PREMISES. 

See    Owners   of   Premises. 

Description  in  search-warrant  or  affidavit 
therefor,  sufficiency.  17-232;  1916D- 
952. 

What  included  in  term  "premises"  as 
nsed  with  respect  to  land.  1916C- 
1192. 


PREMIUMS. 

See     Fire     Insurance;     Insurance;     Life 
Insurance. 

Bond-  of  public  officer,  validity  of  statute 
providing  for  payment,  by  state, 
county,  etc.     1913D-715. 

Mutual  insurance  policy  issued  for  cash 
premium,  validity  and  construction. 
1916B-84. 


PRESCRIPTION. 

See  Adverse  Possession. 

Change  in  dominant  estate  as  affecting 
prescriptive  right  in  right  of  way. 
1914C-476. 

Easement  founded  upon  void  parol  grant, 
acquisition  of  prescriptive  title  by 
use  of  easement.     13-925. 

Fences,  prescriptive  obligation  to  main- 
tain division  fence.     1917B-1253. 

Fishing  rights  in  navigable  river,  acquisi- 
tion by  prescription.     21-780. 


PRESCRIPTIONS— PRETERMISSION. 


687 


PEESCTRIPTION— Continued. 

Flowage  of  lands,  measure  of  prescriptive 
right  by  maintenance  of  dam.  18- 
217. 

Gates  at  end  of  way  acquired  by  prescrip- 
tion, rigrht  of  servient  owner  to  erect 
or   maintain.     1914D-770. 

Highways,  user  through  mistake  of  other 
than  authorized  location  as  creating 
highway.     3-142. 

— ^width  of  highway  as  acquired  by  ad- 
verse user.     2-973. 

Party-wall,  creation  and  extent  of  ease- 
ment  by   prescription.     11-629. 

Railroads,  lands  acquired  for  railroad 
purposes  but  not  within  right  of  way, 
acquisition  of  title  by  prescription. 
21-163. 

— right  of  way  of  railroad,  acquisition  of 
title  by  prescription  to  land  therein. 
2-718;  10-1001;  1916D-1186. 

Stolen  personalty,  acquisition  of  title  by 
lapse  of  time.     19-751. 

Telegraph,  telephone  or  electric  light  pole, 
acquirement  of  right  to  maintain  by 
prescription.     1916E-9S'l. 

Water  coming  from  land  of  another,  pre- 
scriptive right  of  land  owner  to 
waste.     1915C-1165. 

Wells  and  springs,  individual's  prescrip- 
tive right  to  take  water  from  an- 
other's  well   or   spring.     1917A-881. 

< — ^public's  prescriptive  right  to  use  well 
or  spring.     1914B-725. 

Prescriptive  Nvdsances. 

Gasworks  as  nuisance,  prescriptive  right 
to  maintain.     21-1253. 

Pollution  of  watercourse,  prescriptive 
right    to    maintain.     3-24;    1912C-182. 

Public  nuisance,  right  to  maintenance  ac- 
quired  by   prescription.     17-789. 

Eeservoir,  prescription  as  defense  to  ac- 
tion against  owner  for  damages 
caused  by  percolation  of  water.  5- 
683. 

PRESCRIPTIONS 

Druggists,  error  in  filling  prescription,  lia- 
bility for.     1912C-1219. 

— retention  of  prescription  filled  or  pre- 
sented to  be  filled,  right  of  druggist. 
4  519. 


PRESCTRIPTIONS— Continued. 

Intoxicating  liquor,  burden  of  proof  of 
sale  on  prescription  of  physician  in 
prosecution  for  illegal  sale.  1913C- 
637.  » 

— construction  of  statute  regulating  sale 
of  liquor  on  prescription  of  physician. 
1918E-915. 

Poisons,  necessity  of  physician's  prescrip- 
tion to  authorize  sale.     20-495. 

Subpoena  duces  tecum,  sufficiency  of  de- 
scription of  prescription.     15-645. 


PRESENCE. 

Accused  at  trial,  right  of  accused  to  be 
present  when  sentenced.  6-451;  11- 
813. 

— verdict,  waiver  of  right  of  accused  to 
be  present  at  rendition.  13-1213; 
1915B-447. 

— ^waiver  of  person  accused  of  felony  of 
right  to  be  present  during  course  of 
trial.     1913C-1146;   191SE-375. 

"Presence  of  court,"  when  contempt  is 
committed  in.     17-220. 

PRESKNTMENT. 

See  Bills  and  Notes;  Checks. 

PRESS. 

See  Liberty  of  Speech  and  Press;  News- 
papers. 


PRESUMPTION  OF  PRE- 
JUDICE. 

Separation  of  jury  improperly.     1-287. 

PRESUMPTIONS. 

See  Evidence. 

PRETERMISSION. 

"Child"  in  statute  of  pretermission  as  in- 
cluding illegitimate  child.     1918B-253. 

Parol  evidence  as  admissible  to  show 
whether  living  child  was  intention- 
ally omitted  from  will.  8-637; 
1916A-718. 


688    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


PREVENTION  OF 
PERFORMANCE. 

Eemedies  of  party  to   contract  upon  pre- 
♦  vention    of    performance.     1-427;    12- 
1108;  1913C-387;  1917i>-719. 


PRICE. 

Action  for  price  of  chattel,  breach  of 
warranty  as  defense.     16-65. 

Contract  between  dealers  fixing  prices  to 
be  paid  by  them  for  specified  com- 
modities,  validity.     1912D-934. 

Control  of  prices  by  illegal  combination 
within  Sherman  Anti-trust  Act.  2- 
956;  9-299;   1912D-769. 

— vendor's  right  to  control  price  on  re- 
sale of  commodity  by  vendee.  1916A- 
81;  191SA-958,  965;  1918C-451. 

Deeds,  price  as  factor  in  determining 
whether  deed  was  intended  as  mort- 
gage.    20-1199. 

Eminent  domain,  price  paid  by  con- 
demnor for  other  property  for  use  in 
same  enterprise  as  evidence  of  value 
of  land  condemned.  20-695;  1914A- 
375. 

— ^price  paid  by  another  than  condemnor 
for  similar  property,  admissibility  in 
evidence.     1916E-598. 

Intoxicating  liquors,  necessity  of  alleging 
price  in  prosecution  for  unlawful 
sale.     19-693. 

Judicial  sale,  inadequacy  of  price  as 
ground  for  setting  aside.     1914D-3. 

Misrepresentation  by  vendor  of  price  paid 
for  property  as  actionable  deceit.  8- 
1062. 

Patented  articles,  patentee's  right  to  con- 
trol price  on  sale  by  vendee.  1915A- 
155;    1918A-958. 

—resale  by  vendee,  right  of  vendor  of 
patented  article  to  control  price. 
1916A-84;   1918C-451. 

Personal  services,  anti-trust  statutes  as 
applicable  to  combination  to  control 
price.     17-752. 

Receiving  stolen  property,  inadequacy  of 
price  as  proof  of  charge.     15-901. 

Public  service  corporations,  validity  of 
contracts  between  them  to  fix  prices. 
6-157. 


FfilCE — Continu  e  d. 

Sales,  failure  to  fix  price  in  contract  for 
sale  of  chattel,  effect.     1912B-359. 

—liability  for  price  of  person  to  whom 
goods  are  delivered  on  order  and 
credit    of   another.     1913D-634, 

Telegraph  company,  liability  for  message 
announcing  prices  erroneously  trans- 
mitted.    3-429;  1912C-1279. 

Telephone  service,  duty  to  furnish  with- 
out discrimination  in  prices  charged. 
19120-135. 

Usury,  additional  price  for  sale  on  credit 
as  within  usury  law.     20-1132, 

Value  of  personalty  or  services  as  evi- 
denced by  price  paid.  1916D-797, 
805,   810. 

Vendor  and  purchaser,  action  at  law  for 
purchase  price  on  breach  by  pur- 
chaser of  executory  contract  for  sale 
of    land.     4-791. 

—defective  title  as  defense  to  action 
against  purchaser  in  possession  for 
purchase  price.     3-365. 

PRIESTS. 

See   Ministers   of   Gospel. 


PRIMARY  ELECTIONS. 

Constitutional  or  statutory  provisions  re- 
lating to  elections  as  applicable 
to  primaries.  16-251;  1913A-702; 
1918E-79. 

Validity  of  primary  election  laws.  5-568; 
12-73;  1916B-594. 

PRINCIPAL  AND  AGENT. 

See  Agency. 

PRINCIPAL  AND  SURETY. 

See  Suretyship. 

PRINTED  COPIES. 

Foreign  laws,  admissibility  of  printed 
copy  of  statutes  to  prove  law  of  an- 
other jurisdiction.     1916D-853. 

PRINTED  SIGNATURE. 

Sufficiency  of  printed  signature  to  memo- 
randum within  statute  of  frauds, 
1913B-663;   1918B-1030. 


PRINTING— PRIORITIES. 


689 


PRINTING. 

Contracts  to  manufacture  and  deliver 
paper,  circulars,  books,  etc.,  as  within 
statute  of  frauds.     19-1305. 

Printer  as  engaged  in  "trade."  1916A- 
1201. 

Public  printing,  validity  of  statute  requir- 
ing work  done  withia  state.  1913A— 
82;   1918B-958. 


PRIOR  CONSISTENT 
STATEMENTS. 

Admissibility  of  prior  statements  of  wit- 
ness who  has  not  been  impeached. 
1915D-338. 

' — proof  of  prior  inconsistent  statements 
of  witness,  admissibilitj"^  thereafter 
of  prior  consistent  statements.  8- 
477;  1915A-512. 


PRIORITIES. 

Assignments,  successive  assignments  of 
chose  in  action,  priority  as  dependent 
on  notice  to  debtor.     17-442. 

Attachment,  right  of  attaching  creditor 
pursuing  absconding  debtor  to  prior- 
ity in  proceeds  of  attached  property. 
1913C-292. 

—widow's  share  in  estate  as  subsequent 
to  attachment  lien  not  perfected  by 
judgment  during  husband's  lifetime. 
1913A-343. 

Bankruptcy,  mechanic's  lien  as  entitled  to 
preference  in  bankruptcy  proceedings. 
1917C-295. 

— wages  as  preferred  claim  in  bankruptcy. 
1916B-343. 

Boarding-house  keeper,  priority  of  lien 
over  chattel  mortgage.     1914D-844. 

Building  contract,  assignment  of  proceeds, 
priority  as  between  assignees  and 
others.     1918D-637. 

Chattel  mortgage  liens  for  future  ad- 
vances,  priorities.     9-1153, 

Eminent  domain,  priority  of  right  to  land 
between  conflicting  condemnors.  9— 
689. 

Executors  and  administrators,  priority  be- 
tween judgment  debt  of  decedent  and 
expenses    of    administration,    funeral 
and  last  illness.     1912A-778. 
Index  to  Kotes — 44 


PRIORITIES— Continued. 

— state  claims,  priority  against  insolvent 
debtors'  estate.     4-973. 

Fractions  of  day  as  determining  time  in. 
computing  priority  between  liens.  2- 
135;   1914C-97. 

Irrigation,  priority  of  right  to  use  of 
water  of  irrigation  company.  1913D- 
€25. 

Judgments,  issuance  of  execution  as  giv- 
ing priority  to  one  of  several  equal 
judgments.     1917D-187. 

— ^priority  as  between  implied  vendor's 
lien  and  judgment  against  purchaser. 
1916D-384. 

^unrecorded  conveyance,  priority  of 
judgment  lien  as  against.     21-864. 

Livery-stable  keeper  and  chattel  mort- 
gagee, priority  between  liens.  11- 
1043;   1914B-316. 

Mechanics'  liens,  assignee  of  amount  due 
contractor  and  lien  claimant,  priority 
between.  19-435;  1913D-514;  1918C- 
1081. 

— conveyance  of  property,  priority  as  be- 
tween lien  and  conveyance.  1916B- 
616. 

— mortgage  of  property  and  lien  claim, 
priority  as  between.  1916B-634,  667, 
669,  672,  674. 

Mortgage  for  future  advances,  priority  as 
against  subsequent  incumbrances. 
1913C-555. 

> — purchase-money  mortgage  and  other  lien 
or  claim,  priority  between.  1916C- 
945. 

■ — several  notes  secured  by  mortgage, 
rights  in  distribution  of  proceeds  of 
mortgaged  property.     1914C-143. 

Mutual  insurance  company,  priority  in 
distribution  of  assets  on  dissolution. 
7-414. 

Quitclaim  deed  recorded,  precedence  over 
prior  unrecorded  conveyance.  8-1095; 
19-320. 

Partnership,  priority  between  individual 
and  firm  creditors  as  to  firm  assets  of 
ostensible    partnership.     1912A-49. 

Receiver's  certificates,  priority  with  re- 
spect to  other  liens.     1913C-53. 

Special  assessment  lien,  priority  over  ear- 
lier  incumbrance.     1913C-1210. 


690    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


PEIORITIES — Continued. 

Tax  liens,  purchase-money  mortgage  and 
tax  assessment,  priority  as  between. 
1916C-&55. 

■ — validity  and  construction  of  statute  giv- 
ing priority  over  other  liens.  1913B- 
520;   1917A-1079. 

Unrecorded  conveyances,  priority  between 
and  effect  of  recording  conveyance 
efter  subsequent  conveyance  is 
given.     1912A-194. 

Wages,    priority    of    employee's    statutory 

lien  over  mortgage.     10-344. 
•^rent    lien,    priority    of    wage    lien.     10- 

346. 
— validity     of     statute     giving     employee 

lien    for    wages    superior    to    lien    of 

prior  mortgage.     4-1027. 

Water-power,  construction  of  grant  with 
respect  to  priorities.     1916D-1016. 


PRIOR  OFFENSES. 

Necessity    of    pleading    in    prosecution    for 
second   offense.     9-768;    1914C-565. 

Special  punishment  for  prior  offender,  valid- 
ity of  statute  prescribing.     18-923. 


PRISON  BREACH. 

See  Escape. 

PRISONS  AND 
PRISONERS. 

See  Convicts;    Extradition;    Sentence  and 
Punishment. 

Corporal  punishment  of  convict,  right  to 
inflict.     18-298. 

Death  or  injury  of  prisoner,  liability  of 
municipal    corporation.     6-437. 

Discharge  of  prisoner,  effect  of  statute 
providing  for,  on  failure  to  find  in- 
dictment within  prescribed  time.  3- 
1059. 

Escape  from  prison,  criminal  liability  as 
depending  on  lawfulness  of  imprison- 
ment.    1912C-757. 

— what  constitutes  voluntary  escape,  and 
liability  of  officer  therefor.  1913C- 
694. 

False  imprisonment,  delay  in  presenting 
prisoner  for  examination  or  trial  as 
constituting.     13-984;    1914A-717. 


PRISONS  AND  PRISONERS— Continued. 

— evidence,  right  of  plaintiff  to  show  con- 
dition of  jail  where  he  was  confined 
and  his  treatment  therein.     19-614. 

Habeas  corpus  to  bring  convict  before 
court  for  trial.     4-723. 

Jails,  unsafe  or  unhealthy  condition,  lia- 
bility of  municipality.  4-516;  12- 
797;    1913B-1280;    1915D-153. 

Lynching  of  prisoner,  liability  of  sheriff. 
19-889. 

Mob    formed   by   prisoners    in   jail,  liabil- 
ity   of   municipality   for   acts.     1916D- 
190. 

Paupers,  confinement  in  prison  as  affect- 
ing settlement  rights.     13-691. 

Penitentiary  guard  as  exempt  from  stat- 
ute against  carrying  weapons.  1914A- 
256. 

Prisoner,  on  arrest,  taken  to  office  of 
prosecuting  attorney,  propriety  and 
effect.     20-1123. 

■Reformatory  or  jail  as  nuisance.  1913E- 
858. 

Shackles,  right  of  prisoner  undergoing 
trial   to    be    free   from.     5-959. 

Statutes  relating  to  penal  and  reform  in- 
stitutions, effect  of  partial  invalidity. 
1916D-77. 

Tort  of  prison  officer,  personal  liability 
to  convict.     1915D-964. 

Transfer  of  prisoners  from  one  place  of 
confinement  to  another,  validity  of 
statute  authorizing  board  or  officer  to 
transfer.     1914A-1253. 


PRIVACY,  RIGHT  OF 

Finffer-print  as  part  of  police  record. 
1917A-418. 

Invasion  of  right  as  permissible  under 
constitutional  liberty  of  speech  and 
press.     15-5. 

Letters,  right  to  restrain  publication  of 
private   letter.     1912D-555. 

Name  of  person,  unlawful  use  in  moving 
picture.     1916C-308. 

Person  accused  of  crime,  right  to  photo- 
graph.    8-1176;  16-1125. 

Photographs,  publication  of  person's  pho- 
tograph as  that  of  another  as  libel. 
9-866;   16-1077. 


PRIVATE  ACTIONS— PRIVATE  PERSONS. 


691 


PRIVACY,  RIGHT  OF— Continued. 

— right  to  make  other  use  of  photograph 
made  or  received  for  particular  pur- 
pose.    9-1016;   1914B-376. 

Police  surveillance  of  place  of  business 
or  amusement,  injunction  against.  5— 
4S3;   1913B-713. 

Portraits,  right  to  make  other  use  of  por- 
trait made  or  received  for  particular 
purpose.     9-1016;    1914B-376. 

— unlawful  use  in  moving  picture.  1916C- 
308. 

Right  of  privacj.  2-574;  18-1017;  1915B- 
1027. 

Shadowing  by  detective.     1-156. 

PRIVATE  ACTIONS. 
See  Private  Persons;  Taxpayers'  Actions. 


PRIVATE  CHARITIES. 

Negligence  of  employees,  liability  of  pri- 
vate charitable  institution.  4-104; 
11-160;    1913E-1129;    1915C-586. 

Solicitation  of  funds  for  private  charity, 
validity  of  statute  or  ordinance  regu- 
lating.    1917D-1133. 


PRIVATE  COUNSEL. 

Right  to  assist  prosecuting  attorney  in 
criminal  case.  1912B-659;  1917D- 
512. 


PRIVATE  DETECTIVES. 

See  Detectives. 

PRIVATE  HOUSE. 

What  is  private  house,  dwelling-house,  or 
residence.     1913A-606. 

PRIVATE   INTERNATIONAL 
LAW. 

See   Conflict  of  Laws. 

PRIVATE  PERSONS. 

Actions  by  private  citizens  in  capacity  of 
taxpayers.     1913C-S84. 

— bar  of  action  for  injury  to  right  as  citi- 
zen by  prior  action  by  municipality 
involving   same    matter,     S-1134. 


PRIVATE  PERSONS— Contiimed. 

— recovery,  illegal  payment  public  funds. 
19-776. 

Appeal  from  judgment  in  proceeding  to 
which  they  are  not  parties,  right  of 
private  citizens.     1918A-365. 

Arrest  by  private  person,  right  to  break 
open  doors  in  attempt  to  make  arrest. 
8-250. 

— violation  of  municipal  ordinance  com- 
mitted in  presence  of  private  person, 
right  to  make  arrest.     1917A-599. 

Breach  of  peace,  right  of  private  citi- 
zen to  interfere  to  prevent.  1912D- 
65. 

Certiorari  to  review  highway  proceedings, 
right   to   bring.     18-667. 

Duress,  payment  made  to  private  person  to 
prevent  apprehended  injury  to  busi- 
ness as  payment  under  duress.  1918B- 
516. 

Fire  loss,  right  of  action  of  private  citizen 
against  water,  company  for  inade- 
quate supply  under  terms  of  contract 
with  city.     9-1070;   1913D-461. 

Garbage,  liability  of  individual  as  for 
nuisance  for  depositing  on  his  own 
premises.     1915A-132. 

Grants  by  constitution  or  statute  to  pri- 
vate person,  rule  of  construction  in 
favor  of  public.     1914A-158. 

Injunction  against  act  of  public  official, 
right  of  private  citizen.  3-1013;  15- 
1173. 

■ — establishment  of  industry  within  pre- 
scribed radius  where  consent  of  prop- 
erty owners  has  not  been  obtained, 
right  of  private  citizen  to  enjoin. 
1914A-979. 

— municipality  engaging  in  competitive 
business,  right  of  private  citizen  to 
injunctive    relief.     191S'B-118. 

— railroad  moving  station  from  one  loca- 
tion to  another,  right  of  private  citi- 
zen  to   restrain.     1914A-691. 

— violation  of  municipal  ordinance  not 
nuisance  per  se,  right  of  private  citi- 
zen   to    enjoin.     13-203. 

Inspection  of  municipal  books  or  papers, 
right  of  private  citizen.     1913E-60. 

Intoxicating  liquors,  right  of  private  citi- 
zen to  maintain  action  to  enforce 
liquor  law.     15-1015. 


692    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


PEIVATE  PERSONS— Continued. 

Investigation  of  affairs  of  private  citi- 
zens, powers  and  privileges  of  legis- 
lative committee.     1916B-1063. 

Malicious  prosecution,  advice  of  private 
citizen  as  defense  to  action.     16-718. 

Mandamus  against  private  persons. 
1913A-483. 

— performance  of  duty  by  court  or  magis- 
trate, right  of  private  person  to  en- 
force.    9-1074;  1912A-1118. 

— ^public  right  or  duty  relating  to  elections, 
right  of  private  citizen  to  enforce 
11-419, 

Municipal  contract,  taxpayer's  action  to 
enjoin  or  set  aside.     17-653. 

Nuisance,  highway  obstruction,  right  of 
private  citizen  to  recover  damages  for 
nuisance.     1914C-1128. 

— interference  with  access  to  property, 
right  of  private  citizen  to  enjoin  ob- 
struction in  highway.     11-287. 

— navigable  stream,  right  of  private  citizen 
to  maintain  action  to  abate  nuisance 
caused  by  obstruction.     1913E-51. 

— suits  by  private  citizens  to  enjoin 
nuisances.     1-38;  17-1128. 

Public  utility,  right  of  private  individual 
to  supply.     1914C-937. 

Quo  warranto  by,  or  on  relation  of,  private 
person,  necessity  of  leave  of  court. 
6-913. 

— title  to  public  office,  right  of  private  in- 
dividual to  file.  4-643;  13-1063; 
1915D-1154. 

Tunnel  under  street,  power  of  municipality 
to  permit  private  person  to  construct. 
1916B-750. 

Waste  of  natural  gas,  petroleum  and  water 
by  private  person,  constitutionality  of 
legislation  to  prevent.     4-213. 

Water  supply,  action  by  municipal  corpora- 
tion on  behalf  of  private  citizens  to 
enforce  contract  with  water  company. 
1913C-1028. 

— right  of  private  consumer  to  enforce  con- 
tract of  municipality  with  water  com- 
pany.    5-507. 

Wharfage  dues,  right  of  private  individual 
to  collect.     13-386. 


PRIVATE  RAILROADS. 

Duty  to  keep  lookout  for  children  on  track 
as  applicable  to  private  railroad. 
1914A-671. 


PRIVATE  RECORDS. 

Private  books  or  records  as  evidence  of 
what  they  do  not  contain.  1914B- 
1256. 


PRIVATE  SCHOOLS. 

School  funds,  power  of  legislature  with  re- 
spect to  expenditure.     1917C-922. 


Taxation,    exemption    of    private 
1-840. 


schools. 


PRIVATE  WAYS. 

Condemnation  of  property  for.     1-188. 

Deed  bounding  private  way  as  carrying 
title  to  middle.     18-74. 

Existence  of  private  way,  admissibility  of 
evidence  of  reputation  to  prove. 
1912A-847. 

Use  of  force  in  aid  of  right  to  pass  across 
private  property.     21-1151. 

PRIVIES. 

Compulsory  filling  of  privy  vault,  validity 
of  order.     1-443. 

Employee  stopping  work  temporarily  to 
use  privy  as  affecting  relation  of  em- 
ployer and  employee.     1918A-1195. 

Regulation  of  out-of-door  closets  or  privies, 
validity  of  statute  or  ordinance. 
1916D-212. 

Sewer  connection  for  privies,  validity  of 
ordinance  requiring.     1916B-722. 

PRIVILEGE. 

See  Witnesses. 

PRIVILEGED    COMMUNICA- 
TIONS. 

See  Iiibel  and  Slander;  Witnesses. 


PRIVATE  PURPOSE. 

Appropriation    of    public    money    for.     1- 
935. 


PRIVILEGES. 

Abridgment  of  privileges  and  immunities 
by  making  railroad  absolutely  liable 
for  damage  by  fire.     16-942. 


PRIVILEGE  TAX— PROCESS. 


693 


PRIVILEGES— Continued. 

Constitutionality  of  statutes  granting  ex- 
clusive privileges.     1-847. 

Depot  grounds,  right  of  railroad  to  grant 
exclusive  privileges.     2-190;  14-494. 

Grant  by  municipal  corporation  as  impaired 
subsequent  municipal  enactment.  3- 
88. 

PRIVILEGE  TAX. 

See  Licenses. 


PRIVITY. 

Bills  of  review,  privity  with  party  to 
original  decree  as  essential  to  entitle 
person  to  file.     1914C-126. 

Money  had  and  received,  necessity  of 
privity  of  contract  to  uphold  action 
against  person  procuring  payment  of 
money  with  knowledge  it  is  due  to 
another.     1918D-246. 

"Vessel  owner's  liability,  limitation  under 
federal  statute  as  dependent  on  priv- 
ity or  knowledge  of  owner.  1913D- 
1228. 

Who  are  privies  within  rule  admitting 
former  testimony  of  witness  who  has 
become  disqualified  or  inaccessible. 
1914D-479. 


PRIZES. 

Distribution  of  prizes  as  constituting  lot- 
tery.    1-91. 

Prize  of  war,  right  to  bring  into  neutral 
port.     1917D-448. 


PROBABLE  CAUSE. 

See  False  Imprisonment;  Malicious  Prose- 
cution. 

PROBATE  COURTS. 

See  Courts. 

PROBATE   LAW. 

See   Descent  and  Distribution;   Executors 
and  Administrators;  Wills. 


PROBATION  OFFICERS. 

Appointment,     duties     and    compensation. 
1916E-1011. 


PROCEDURE. 

Intervention  in  federal  courts.  1913D— 
1031. 

Juvenile  courts,  procedure  in.  1916E- 
1014. 

Municipal  or  other  board  when  exercising 
judicial  functions,  mode  of  procedure 
governing.     1915B-1083. 

Partial  invalidity  of  statute  relating  to 
procedure  in  civil  and  criminal  cases, 
effect.     1916D-78. 

Taxpayers'  actions,  procedure  in.  1913C- 
904. 

Vessel  owner's  liability,  procedure  for 
limiting.     1913D-1232. 

Writs  of  assistance.     1913D-1125. 


PROCESS. 

1.  In  GeneraL 

2.  Personal  Service. 

3.  Issuance  and  Contents. 

4.  Service  by  Whom. 

5.  Who  may  be  Served. 

6.  Time  of  Service  and  Betum. 

7.  Constructive  Service. 

8.  Amendment. 

9.  Waiver  of  Service. 

10.  Exemption  from  Service. 

11,  Irregularities. 

See  Abuse  of  Process;  Publication. 

1.    In  GeneraL 

Contempt,  aiding,  procuring  or  advising 
disobedience  of  subpoena,  contempt  of 
court.     18-319. 

— obstructing  or  delaying  service  or  execu- 
tion as  contempt.  1913A-909;  1916E- 
264. 

Failure  of  record  to  show  proper  service  as 
cured  by  recital  in  judgment  or  decree 
that  service  has  been  had  on  defend- 
ant.    1913B-27. 

Lost  or  destroyed  process,  parol  proof  of 
contents.     1916D-252. 

New  process  as  required  by  amendment  of 
pleading.     1913B-831. 

"Residence"  as  synonymous  with  "domi- 
cile" in  statute  regulating  service  of 
process.     1915C-790. 


694    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 
PROCESS — Continued.  .      PEOCESS — Continued. 


2.     Personal  Service. 

Defendant  not  personally  served,  absolute 
right  to  have  judgment  opened  and  to 
defend.  12-992;  1912A-1164;  1916B- 
565. 

Fraud  or  force  in  procuring  personal  ser- 
vice, validity  of  service.     1916C-612. 

Necessity  for  personal  service  of  notice  in 
absence  of  express  requirement  as  to 
manner  of  service.     1915A-222. 

Personal  service  without  state,  when  com- 
plete so  as  to  start  time  to  answer  run- 
ning.    1914A-113. 

"Place  of  abode,"  meaning  of  term  as  ap- 
plied to  service  of  process.  19I2C- 
282. 

Service  on  resident  outside  of  state  limits, 
right  of  state  to  authorize  entry  of 
personal  judgment.     1912D-695. 

Telephone  service  of  process,  validity. 
1917B-903. 


3.     Issuance  and  Contents. 

"Et  al."  substituted  in  place  of  names  in 
process.     14-571. 

Holidays,  issuance  or  service  of  process  on 
holiday,  validity.     1916E-850. 

Inclusion  or  exclusion  of  Sunday  or  holi- 
day in  computation  of  time  for  service 
and   return   of   process.     1917E-941. 

Misnomer  of  defendant,  effect  where  de- 
fendant does  not  appear.     1912A-459. 

Seal  required  by  law,  efficacy  of  process 
issued  without  of^cial  seal.  1912D- 
786. 

Sunday  issuance  of  civil  or  criminal  pro- 
cess, validity.     1916B-17. 


4.     Service  by  Whom. 

Failure  to  execute  or  return  process,  bur- 
den of  proof  in  action  against  officer. 
1912D-732. 

^liability  of  officer  where  failure  is  due  to 
acts  or  instructions  of  plaintiff  or  his 
agent  or  attorney.     4-979. 

Mandamus  to  compel  sheriff  or  constable 
to  execute  writ  or  other  process. 
1913B-569. 

Service  of  summons  by  plaintiff's  attorney, 
validity.     1914A-1201. 


5.     Who  may  be  Served. 

"Carrying  on  business,"  meaning  of  term 
as  used  in  statutes  relating  to  ser%'ice 
of  process.     18-33. 

Convicts,    service   of   process    on.     1916D- 

1207. 

Corporations,  process  by  which  court  may 
acquire  jurisdiction  in  criminal  case 
against   corporation.     1916E-1289. 

Divorce,  service  of  notice  on  public  official 
in  divorce  suit,  validity  and  construc- 
tion  of  statute.     19180-1098. 

Federal  receivers  as  amenable  to  process  of 
courts  other  than  appointing  court. 
3-116. 

Foreign  corporations,  agent  for  service  of 
process,  validity  of  statute  designat- 
ing particular  kind  of  agent.  1916E- 
339. 

— exclusive  mode  of  service,  statute  re- 
quiring designation  of  person  upon 
whom  process  may  be  served  as  pro- 
viding.    5-953. 

—nonresident  suitor,  statute  requiring  cor- 
poration to  grant  irrevocable  power  of 
attorney  to  state  official  to  accept  ser- 
vice as  applicable.     13-53. 

— ^public  official  or  designated  agent  of 
foreign  corporation,  right  to  serve  pro- 
cess on  in  action  arising  out  of  trans- 
action in  another  state.     1918A-392. 

— resident  agent,  validity  of  statute  re- 
quiring  appointment.     6-42. 

— revocation  of  designated  agency  and 
cessation  of  business  within  state, 
liability  of  foreign  corporation  to  suit 
within  state.     6-295;   1916D-378. 

— who  is  "agent"  within  statute  providing 
for  service  of  process  on  agent  of  for- 
eign corporation.     19-200;  1914D-985. 

Governor  of  state  as  subject  to  subpoena 
to  produce  documents  or  attend  as 
witness.     3-393. 

Legislative  members,  service  of  civil  pro- 
cess upon.     2-615;  1917B-641. 

Partnership,  nonresident  partnership, 
validity  of  statute  providing  for  ser- 
vice of  process  on  agent.     1916D-813. 

— service  on  single  partner  in  action 
against  partnership,  sufficiency.  20- 
1238;  1914A-389. 

"Person"  as  including  private  corporation 
in  statute  relating  to  service.  1914A- 
1309. 


PROCESSIONS— PROCUREMENT. 


695 


PROCESS — Continued. 

Railroad  in  hands  of  receiver,  service  of 
process  on.     1915B-597. 


PBOCESS — Continued. 

Pleading  to  merits  as  waiver  of  defective 
service  of  summons.     4-290. 


6.     Time  of  Service  ajid  Return. 

Exclusion  or  inclusion  of  Sunday  or  holiday 
in  computation  of  time  tor  service  and 
return  of  process.     1917E-935. 

Process  returnable  on  Sunday,  validity. 
1916B-20. 

Sunday  service  of  civil  process,  validity. 
1916B-18. 


7.    Constructive  Service. 

Divorce,  constructive  service  in  proceeding 
as  affecting  validity  of  decree.     5-28. 

Leaving  summons  at  defendant's  residence 
or  last  or  usual  place  of  abode,  con- 
stitutionality.    1913A-1188. 

Misnomer  of  defendant  in  notice  by  pub- 
lication as  affecting  jurisdiction  of 
court.     1913B-1248. 

Nonresident  or  unknown  claimants  to  land, 
•validity  of  statute  providing  for  con- 
structive service.     1914D-677. 

Publication,  sufficiency  of  service  in  action 
for  specific  performance  of  contract  to 
convey  realty.     1914A-769. 

— validity  of  service  by  publication  in  ac- 
tion for  partition.     1916E-1002. 

Sending  newspaper  containing  advertise- 
ment as  valid  service  of  notice. 
1912D-1000. 

Service  by  mail,  when  complete.     18-286. 

8.    Amendment. 

Amendment  of  jurisdictional  writ  made  re- 
turnable at  unauthorized  time,  right 
of.      1913A-556. 

Return  of  sheriff,  power  of  court  to  compel 
sheriff  to  amend.     4-1168. 


9.    Waiver  of  Service. 

Garnishment,  waiver  of  defects  in  service 
by  general  appearance  of  garnishee. 
21-1130. 

General  appearance  after  judgment  as 
waiving  want  of  jurisdiction  over  per- 
son.    1914C-694. 

Judgment  by  confession  on  warrant  of  at- 
torney without  antecedent  process, 
validity.     1914A-645. 


10.    Exemption  from  Service. 

Duration  of  privilege  from  service  of  party 
to    action    attending    court.     11-1146. 

Nonresident  within  state  for  purpose  of 
appearing  as  witness  or  party  in  civil 
or  cr'^iinal  proceeding,  exemption  from 
service  with  civil  process.  6-637;  18- 
127;  1915D-985. 

Resident  of  state  attending  court  in  an- 
other county  as  party  or  witness,  ex- 
emption from  service  with  civil  pro- 
cess.    9-835. 

11.    Irregularities. 

Appeal,  irregularities  in  service  of  process 
in  court  below  as  affected  by  taking 
appeal.     1912D-411. 

Collateral  attack  on  judgment  for  failure 
of  record  to  show  proof  of  service. 
1913B-31. 

Divorce,  defendant  not  personally  served, 
power  of  court  to  decree  alimony  and 
costs  against.     2-819;   14-362. 

Execution  sale  as  subject  to  injunction  on 
ground  of  failure  to  serve  process. 
1918C-237. 

Irregularities  in  service  as  affecting  juris- 
diction of  court  upon  collateral  attack. 
1-923. 

Justice  of  peace,  effect  of  error  or  irregu- 
larity in  summons  issued.  1914A- 
1085. 

Misnomer  of  defendant  in  publication  no- 
tice as  affecting  jurisdiction  of  court. 
1913D-1248. 

Mistake  in  Christian  name  of  defendant  in 
publication  notice  as  affecting  jurisdic- 
tion of  court.     1913D-1252. 

Seizure  of  goods  under  process  against  an- 
other, right  to  replevy.  7-907;  11- 
302'. 

PROCESSIONS. 

Validity  of  statute  or  ordinance  regulating. 
1916D-847. 


PROCUREMENT. 

Adultery  procured  by  other  spouse  as  de- 
fense to  prosecution.     1916E-741. 


696     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


PRODUCE  BUSINESS. 

Misrepresentations  regarding  produce  com- 
mission business  as  scheme  to  defraud 
within  postal  laws.     1914I>-1247. 

Seller  of  produce  as  "dealer."     1917A-961. 


PRODUCE  EXCHANGES. 

Membership  or  seat  in  exchange  as  asset  in 
bankruptcy.     10-243. 


PRODUCTION  OF  DOCU- 
MENTS. 

Books  and  papers  belonging  to  client,  right 
to  compel  attorney  to  produce.  1916A- 
64. 

Corporation,  power  of  court  to  compel  pro- 
duction of  books  of  private  corpora- 
tion by  person  whom  they  may  in- 
criminate.    1912D-569. 

— privilege  of  witness  against  self-crim- 
ination as  extending  to  corporation. 
1916A-380. 

Demand  on  accused  in  presence  of  jury  to 
produce  incriminating  evidence  as  vio- 
lation of  constitutional  privilege. 
1912D-261;  1918B-512. 

Description  of  documents  in  subpoena 
duces  tecum,  sufficiency.     15-643. 

Effect  on  right  to  production  of  document 
of  admission  by  opposing  party  as  to 
its  merits.     1916D-698. 

Failure  to  obey  order  to  produce  docu- 
ments, validity  of  statute  authorizing 
court  to  enter  judgment  by  default. 
15-655. 

Inspection  by  adverse  party  as  affecting 
adnjissibility  of  document  in  evidence. 
21-1022. 

Privilege  of  witness  to  refuse  to  produce 
documents  of  which  he  is  not  legal 
custodian.     13-1180. 


PROFANITY. 

Language  constituting  breach  of  peace  or 

disorderly  conduct.     1917C-889. 
Law  of  profanity.     1914A-816. 


PROFESSIONS. 

Corporation's  right  to  practice  profession 
for  which  license  is  required.  12— 
674;  19-882. 


PROFESSIONS — Continued. 

Legal  meaning  of  "profession"  or  "pro- 
fessional."    1913E-241. 

Libel  or  slander,  clergyman,  imputation  on. 
20-718. 

• — excessiveness  of  verdict  for  libelous  or 
slanderous  imputation  affecting  one  in 
his  profession.     1913B-703,  707. 

■ — lawyer,  imputation   on.     1912A-376. 

— physician,  dentist  or  druggist,  imputa- 
tion of  ignorance,  incompetence,  etc. 
as  slander  or  libel.     20-482. 

Statutory  regulation  of  practice  of  profes- 
sions.    1-18. 


PROFITS. 

Anticipatory  breach  by  vendee  of  contract 
for  sale  of  crops,  nursery  stock  or  trees 
for  future  delivery,  right  of  vendor  to 
recover  profits.     1913C-766. 

Bankruptcy  of  mortgagor,  right  to  rents 
and  profits  of  mortgaged  property. 
1913E-855. 

Breach  of  contract,  right  to  recover  pjofits 
as  damages  where  profits  are  very  ob- 
ject of  contract.     1914D-36. 

Business  profits  as  element  of  damages  fox 
personal  injuries.     11-45;   17-658. 

Corporations,  accountability  of  corporate 
director  for  secret  profits  to  person 
subsequently  becoming  stockholder. 
18-359. 

^liability  of  director  to  corporation  or 
stockholder  for  secret  profits.  1917A^ 
238. 

Delay  by  carrier  in  transportation  of  prop- 
erty intended  for  exhibition  purposes, 
loss  of  profits  as  element  of  damages. 
5-827. 

Dividends  and  profits,  distinction  between. 
20-691. 

Evidence  of  profits  to  show  value  of  use 
of  chattel.     1914B-809. 

Factors,  recovery  of  profits  as  damages  for 
breach  of  contract  to  sell  on  commis- 
sion.    6-976;    10-654;    1917B-1194. 

Fire  insurance  policy  as  covering  profits. 
1918B-1051. 

Fraudulent  convej'anee,  liability  of  grantee 
for   rents   and   profits.     19i4A-1008. 

Future  profits  of  business,  statement  of 
opinion  as  ground  for  action  for  fraud 
or  for  rescission  of  contract.  1916D- 
1040. 


PROFIT  SHARING— PROHIBITION  LAWS. 


697 


PROFITS— Continued 

Goodwill  and  profits,  distinction  between. 
20-691. 

Husband  and  wife,  wife's  right  to  profits 
from  estate  hy  entirety.     4-1101. 

Illegal  contract,  whether  court  of  equity 
will  aid  division  of  profits  arising  from. 
1913E-142. 

Joint  adventures,  rights  of  parties  to 
profits.  17-1024;  1912C-202;  1916A- 
1210. 

Legal  meaning  of  word  "profits."     20-683. 

Loss  of  profits,  delay  in  delivery  of  tele- 
gram, loss  as  element  of  damages. 
1914A-1297. 

—eminent  domain  proceedings,  loss  as 
element  of  damages.     1918B-869. 

— wrongful  eviction  of  tenant,  loss  of  pro- 
fits as  element  of  damages.     6-460. 

Margins,  recovery  of  profits  from  illegal 
marginal  transaction.     1915B-920. 

Partnership,  right  to  profits  as  affected  by 
verbal  agreement  to  engage  in  pur- 
chase and  sale  of  lands.     7-1142. 

— secret  profits,  duty  of  partner  to  account. 
1914D-433. 

Prospective  profits,  right  of  building  eon- 
tractor  to  recover  on  abandoning  work 
for  failure  of  owner  to  make  payment. 
1916C-59. 

— vessel  lost  by  collision,  prospective  profits 
as  element  of  damages  in  recovery  for 
total  loss.     6-131. 

Public  officer,  profits  made  by  virtue  of  his 
office,  right  of  government  to  recover. 
19-604. 

—recovery  by  municipality  of  profits  made 
by  officer  on  sale  of  land  to  latter. 
1914D-S08. 

Eeceivers,  right  to  make  profit  out  of  trans- 
actions with  receivership  property. 
5-208;  14-78. 

Eevenue  law,  legal  meaning  of  word 
"profits."     20-687. 

Tenant  in  common  in  sole  possession, 
liability  to  account  to  cotenant  for 
profits.     18-1082. 


PROFIT  SHARING. 

"Profits,"  legal  meaning  in  salary  contract. 
20-688. 

Sharing  agreements  between  employer  and 
employee.     1914A-797;    1916B-762. 


PROHIBITED  ARTICLES. 

Fire  insurance,  what  constitutes  keeping, 
storing,  using,  etc.,  of  prohibited  arti- 
cles within  policy.  13-540;  19-414; 
1914B-133;  1918D-294. 


PROHIBITED  OCCUPA- 
TIONS. 

Beneficial  associations,  waiver  or  estoppel 
with  respect  to  beneficiary  engaging 
in  prohibited  occupation.  12-641; 
1918D-310. 


PROHIBITION. 

Attorneys,  right  to  writ  in  disbarment  pro- 
ceedings.    10-546. 

Concurrent  jurisdiction,  prohibition  to  re- 
strain one  court  from  interfering  with 
or  entertaining  suit  where  another 
court    has    assumed    cognizance.     14- 

206. 

Constitutional  question,  determination  in 
prohibition  proceedings.     6-986. 

Courts-martial,  proceedings  as  reviewable 
by  writ  of  prohibition.     17-447,  448. 

Criminal  case,  issuance  of  writ  on  applica- 
tion of  defendant  on  ground  of  lack  of 
jurisdiction  in  trial  court.     18-263. 

Jurisdictional  question  as  reviewable  by 
prohibition.     1913D-595. 

Ministerial  acts,  prohibition  to  restrain. 
3-357. 

Municipal    corporations,   when   prohibition 
lies  against  council  or  executive  officer. 
.  £0-962. 

Objection  to  jurisdiction  of  inferior  court 
as  prerequisite  to  issuance  of  writ. 
21-167. 

Probate  court,  writ  to  arrest  proceedings. 
1914A-138. 

Public  Service  Commission,  prohibition  to 
control  act  of  commission.  1914D- 
795. 

Eeview  and  correction  of  errors,  prohibi- 
tion as  process  for.  1-713;  1913D- 
593. 

Sunday,  right  of  court  to  grant  or  refuse 
writ.     1916B-14. 


PROHIBITION  LAWS. 

See  Intoxicating  Liauors. 


698    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


PROJECTING  EAVES. 

Encroachment    by    overhanging    eaves,    rem* 
edy  of  owner  of  land.     4-343. 


PROJECTIONS. 

Kestriction  against  erection  of  building 
less  than  certain  distance  from  front 
line  of  premises  as  applicable  to  pro- 
jection.    1914A-8. 


PROMISES. 

See    Breach    of    Promise    of    Marriage; 
Frauds,  Statute  of. 

Acceptance  of  promise  in  satisfaction  of 
debt  as  executed  accord.     6-564. 

False     representations     distinguished.     1- 
980. 

Fraud,  promise  not  to  engage  in  business 
in  future  as  fraud  sufficient  to  support 
action.     1913A-388. 

Intercourse  procured  by  promise  of  mar- 
riage conditioned  on  pregnancy  as  crim- 
inal seduction.     15-227. 

Leased  premises,  rights  and  liabilities  on 
promise  to  repair.  See  Landlord  and 
Tenant. 

Master's  promise  to  repair  as  affecting  ser- 
vant's assumption  of  risk.  4-153;  9- 
1011;  1913C-505. 

PROMISSORY   NOTES. 

See  BiUs  and  Notes. 


PROMOTERS. 

Contribution,  right  of  promoter  to  bring 
action  at  law  against  fellow-pro- 
moters.    1913E-1167. 

Liability  of  corporation  to  third  persons 
on  promoters'  contract.  8-262;  1916C- 
105. 

Public  entertainment,  liability  of  pro- 
moter of  entertainment  not  given  for 
profit  for  personal  injuries.  1917E- 
238. 

Relation  of  promoter  to  corporation  and 
stockholders.  4-669;  17-269;  1915B- 
176. 

Rights  and  liabilities  of  promoters  inter 
se.     1913E-1166. 

Theatrical  promoter  as  engaged  in  "trade." 
1916A-1201. 


PROPERTY. 

Alien  enemy,  property  rights.  1917C-194j 
1918C-711. 

"All  property,"  meaning  of  term.     1917E- 

58. 

"Any  property,"  legal  meaning.  1916E- 
80. 

Bees,  as  property.     1917B-983. 

Bill  or  note  as  property  within  statute 
against  false  pretenses.  9-970; 
1917D-627. 

Compensation  for  taking,  constitutional  pro- 
visions as  self -executing.  7-631;  18- 
201;   1914C-1118. 

Dead  bodies,  right  of  property  in.  3-132; 
14-470;  1912D-1240;  1917C-509; 
1917D-729;  1918D-733. 

Destruction  of  another's  property  in  order 
to  save  one's  own,  right  of  individual. 
1914A-993. 

Dogs  as  property.    3-275. 

"Interest,"  meaning  of  term  as  used  with 
respect  to  transfer  of  property  right. 
1912B-524. 

Market  quotations,  right  of  property  in. 
8-761. 

Membership  in  board  of  trade  or  stock 
exchange  as  constituting.     1915C-542. 

Movable  or  immovable  property,  what  is 
mortgage  on  land.     20-715. 

Ownership,  name  on  property  as  evidence. 
1915D-353. 

Patent  rights  as  property.     17-390. 

Plans  furnished  :by  architect,  right  ot 
property  in.     2-714. 

Private  property  as  matter  for  judicial  no- 
tice of  court.     12-937. 

Eight  of  action  within  jurisdiction  as  suf- 
ficient property  right  to  warrant  grant 
of  administration.     1917C-1221. 

Eule  of  property  as  affected  by  single 
decision.     1914A-1083. 

Seat  in  stock  exchange  as  not  constituting. 
1916E-879. 

Standing  timber  as  "property"  within 
meaning  of  fire  insurance  policy.  6- 
569. 

Summary  destruction  of  private  property. 
1-345. 


PROPORTIONATELY— PROSTITUTION. 


699 


PROPERTY— Continued. 

Timber  unlawfully  cut  on  public  lands, 
property  rights  of  trespasser.  1917A- 
19. 

Wild  animals,  right  of  property  in. 
1917B-949. 


PROPORTIONATELY. 

Meaning  of  word  as  used  in  lease.    1913A- 
1102. 


PROPORTIONATE  REP- 
RESENTATION. 

Ordinance  of  1787  as  affected  by  admis- 
sion of  states  carved  out  of  Northwest 
Territory.     1915D-952. 


PROPRIETARY 
ARTICLES. 

Adulteration,  applicability  of  federal  Pure 
Food  and  Drug  Act.     1917C-495. 

Civil  liability  of  vendor  or  manufacturer 
of  proprietary  medicine  for  injury 
caused  by  use.     1914I>-h51. 

PRORATE. 

Legal  meaning  of  term.     1918C-791. 


PROSECUTING  ATTOR- 
NEY. 

See  Attorney  General. 

Argument,  comment  by  prosecuting  attor- 
ney on  failure  of  accused  to  testify. 
3-164;  20-1273;  1917D-277. 

— expression  of  opinion  of  guilt  of  accused 
as  improper   argument,     1916A-431, 

— good  character  of  accused,  right  of  pros- 
ecutor to  comment  on  failure  of  ac- 
cused to  produce  evidence.     19-407. 

—reference  by  prosecuting  attorney  to  pre- 
valence of  crime  as  improper  argu- 
ment.    1912A-1019. 

— wife  of  accused  as  witness,  right  of 
counsel  to  comment  on  failure  of  ac- 
cused to  call  her.     17-421;  1913D-559. 

Arrested  prisoner,  propriety  and  effect  of 
taking  him  to  ofRce  of  prosecuting 
attorney.     20-1123. 


PROSECUTING   ATTORNEY— Continued. 

Assistant  prosecuting  attorney  appointed 
by  court,  right  to  compensation  for 
services.     17-336. 

Compelling  defendant  in  criminal  case  to 
object  to  spouse  testifying  as  rever- 
sible   error.     1915D-362. 

Deputy  as  special  prosecuting  attorney, 
validity   of   appointment.     1918A-718. 

Detective,  power  of  prosecuting  attorney 
to  employ.     1915B-861. 

Discretion  with  respect  to  instituting  and 
conducting  criminal  prosecution. 
1912B-755;  19140-797. 

Divorce  suits,  validity  and  construction  of 
statute  requiring  service  of  notice  on 
public  official.     1918D-1098. 

Fair  trial  for  accused,  duty  of  prosecutor 
to  see  that  he  has,     21-333, 

Grand  jury,  appearance  of  private  or  sub- 
stituted prosecutor,  effect  on  indict- 
ment found.     1912D-184. 

Information  filed  by  prosecuting  attorney, 
necessity  that  be  under  oath.  7-983; 
1917C-531. 

Libel  and  slander,  communication  to  pros- 
ecuting officer  concerning  commission 
of  crime  as  privileged.     7-113,  531. 

— statement  made  to  prosecutor  by  pros- 
ecuting witness  as  privileged.  1916E- 
1121. 

Malicious  prosecution,  liability  of  one  who 
states  facts  to  public  prosecutor. 
1918A-492.  I 

Misconduct  of  attorney  as  prosecuting  at- 
torney as  ground  for  suspension  or 
disbarment.     1917B-234. 

Necessary      expenses,      what      constitute, 

1918D-927. 
Nolle   prosequi  without  consent  of  court, 

right  of  prosecuting  attorney  to  enter, 

1915D-1004. 

Private  counsel  to  assist  prosecution,  right 
of,     1912B-659;  1917D-512. 

Witnesses,  communications  to  prosecutor 
in  official  capacity  as  privileged* 
against  his  divulging  as  witness.  7- 
531;  1913A-15. 

PROSTITUTION. 

Aliens,  prostitutes  and  procurers  as  within 
class  excluded  by  immigration  act. 
19170-244. 


700    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


PKOSTITUTION— Continuea. 

Bawdy-houses  confined  within  designated 
limits,  validity  of  statute  or  ordinance 
requiring.     1914B-5Q6. 

—forfeiture  of  property  on  abatement  of 
bawdy-house  as  nuisance.     1915D-552. 

"Crime"  for  conviction  of  which  witness 
may  be  impeached,  prostitution  as  con- 
stituting.    1916A-277. 

Evidence  of  disorderly  character,  general 
reputation  of  house  as  constituting. 
12-273. 

Immigrant  prostitution  or  immorality,  fed- 
eral  control.     16-1069;    1917C-250. 

Inducement  to  provide  inmates  for  house 
of  prostitution  with  view  to  prosecu^ 
tion  as  defense  to  such  prosecution. 
1916C-734. 

Insurance  on  house  of  prostitution,  valid- 
ity of  policy.     15-541. 

Leased  premises  used  for  purposes  as  for- 
feiting tenant's  rights  under  lease. 
1913C-1356. 

Married  woman,  whether  can.  be  guilty  of 
offense.     1916A-321. 

Men,  whether  man  can  be  prostitute  or 
guilty  of  resorting  to  house  of  ill-fame 
for  purpose.     1917D-248. 

Partial  invalidity  of  statute  relating  to 
houses  of  prostitution,  effect.     1916D- 

77. 

Bent  for  premises  used  for  prostitution, 
right   to    recover.     8-181;    1914B-806. 

Use  of  premises  for  purpose,  validity  and 
construction  of  statute  making  owner 
liable.     1917A-459. 

White  Slave  Traffic  Act  as  affecting  state 
legislation.     1915I>-1020;     1917E-786. 
— construction  of  act.     1913E-913. 
—validity  of  act.     1913E-909. 


PROTEST. 

Bills  and  notes,  accepting  worthless  check 
,     in   payment   as   excuse   for  failure   to 
present  for  payment  and  give  notice 
of  dishonor.     1915B-155. 

— ^bank's  duty  to  protest  paper  received 
for  collection  and  give  notice  thereof 
in  absence  of  express  instruction. 
1918A-892. 

— condition  precedent  to  suit  against 
maker,    presentment    and    demand    at 


PROTEST— Continued. 

place  named  in  note  payable  on  de- 
mand.    7-693. 

—joint  indorsers,  effect  of  giving  notice 
of  dishonor  to  part  only.     1912D-3o3. 

— law  governing  liability  of  drawer  or  in- 
dorser  of  bill  or  note  as  dependent 
upon  presentment,  protest  and  notice. 
12-455. 

— misstatement  in  notice  of  protest  as  to 
time    of    dishonor,    effect.     12-375. 

— ^parol  waiver  of  protest,  right  to  make. 
16-152. 

— stockholder  or  officer  indorsing  corpor- 
ate paper,  right  to  notice  of  dishonor. 
1917B-836. 

— successive  indorsers,  giving  notice  of 
protest  in  case  of.     1915B-1071. 

— suretyship,  necessity  of  notice  of  dis- 
honor to  fix  liability  of  surety.     6-281. 

— ^telephonic  presentment  and  demand  of 
payment,   sufficiency.     1912A-862. 

— ^waiver  of  protest,  necessity  of  new  con- 
sideration to  support.     5-478. 

Taxation,  illegal  tax  paid  "under  protest," 

recovery  of.     8-669;   10-1050;   1915A- 

495. 
— necessity  that  protest  against  payment 

of  tax  should  specify  grounds.    1913D- 

568. 

PROVIDED. 

Meaning  of  term.     1912C-1087. 

PROVINCE  OP  COURT  AND 
JURY. 

8ee  Trial. 

PROVISOS. 

See  Statutes. 


PROVOCATION. 

Assault,  provocation  in  mitigation  of  dam- 
ages.    1-899;  19-762;  1917D-582. 

Disorderly  conduct  or  breach  of  peace, 
provocation  as  justification  for  lan- 
guage constituting.     1917C-899. 

Divorce,  cruel  conduct  resulting  from  prov- 
ocation by  complainant  as  insufficient 
ground.     1918B-496. 

Dog  provoked  by  plaintiff  as  defense  to 
action  for  injuries  inflicted  upon  him. 
15-165. 


PROXIMATE  CAUSE— PUBLICATION. 


701 


PROVOCATION— Continued. 

Homicide,  admissibility  as  dying  declara- 
tion of  statement  respecting  provoca- 
tion for   defendant's  act.     1912C-429. 

— killing  or  assaulting  friend  or  relative 

as    provocation    sufficient  to    reduce 

homicide   from  murder  to  manslaugli- 
ter.     13-1084;  1914B-457. 

Libel  and  slander,  provocation  in  mitiga- 
tion of  damages.     4-923. 


PROXIMATE  CAUSE. 

Act  of  stranger  in  attempting  to  remedy 
situation  caused  by  negligence  of  an- 
other as  intervening  cause  relieving 
latter  from  liability  for  injury.  14- 
395. 

Aggravation  of  latent  or  dormant  disease 
of  person  by  negligent  act  as  bearing 
on  question  of  proximate  cause. 
1915B-201. 

Civil  Damage  Acts,  furnishing  liquor  as 
proximate  cause  of  injury.  3-59;  8- 
1130;   13-200. 

Fire  set  by  railroad,  negligence  of  com- 
pany as  proximate  cause  of  damage 
as  affected  by  considerations  of  time 
and  distance  traveled  by  fire.     3-386. 

Illness  of  person  injured  aa  proximate 
cause  of  injury.     2-734. 

Master  and  servant,  repair  of  defective 
appliances,  nonliability  of  master  for 
failure  where  failure  to  repair  not 
proximate  cause  of  injury  to  servant. 
4-157. 

— ^warning  and  instruction,  nonliability  of 
master  for  failure  to  instruct  where  such 
failure  not  proximate  cause  of  injury 
to  servant.     3-383. 

Pleading,  rule  that  complaint  must  allege 
negligence  to  have  been  proximate 
cause  of  injury  as  applicable  to  injury 
from  excavation  in  street.     1913E-82. 

Province  of  court  and  jury  respectively 
with  respect  to  question.     1913B-351. 

Proximate  cause  and  intervening  condition. 
1-230. 

Railroads,  cars  blocking  crossing  unlaw- 
fully as  proximate  cause  for  injury  at 
crossing.     1915B-643. 

^failure  to  give  warning  to  animals  on 
track  as  proximate  cause  of  injury. 
i915B-465. 


PROXIMATE  CAUSE— Continued. 

— ^fencing  tracks,  whether  failure  to  fence 
was  proximate  cause  of  accident  as 
question  of  law  or  fact.     1912D-454. 


PROXY. 

stockholder's    proxy,    rights    and    powers. 
1912C-865. 


PRUDENCE. 

Opinion  of  witness  as  to  prudent  conduct 
of  person,  admissibility.     1913C-1087. 


PUBLIC  ACCOMMODA- 
TIONS. 

statutes  securing  equal  rights  therein.  9- 
69;  1912B-860. 

PUBLIC  ADMINIS- 
TRATORS. 

Powers  and  duties.     1918B-1059. 

PUBLICATION. 

1.  In  General. 

2.  Notice. 

1.    In  General. 

Constitutional  liberty  of  speech  and  press 
as  protection.     15-3;  1915B-1186. 

Contempt,  disclaimer  of  intent  as  defense 
to  charge  of  contempt  by  newspaper 
publication.     13-503. 

—pendency  of  cause  as  essential  element 
of  contempt  by  publication  in  news- 
paper.    3-761;  18-664. 

— publication  of  evidence  of  suit  in  camera 
as  contempt.     1912B-542. 

— truth  of  publication  as  justification  or 
defense  to  charge  of  contempt  by 
newspaper  publication.     10-692. 

Criminal  execution,  validity  of  statute  pro- 
hibiting publication  of  report.    10-353. 

Implied  obligation  to  publish  arising  from 
contract  of  purchase  of  mauseript  be- 
tween author  and  publisher.  1912B- 
612. 

Libel  and  slander,  communication  to 
stenographer  as  publication.  1-103; 
7-196. 


702    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


PUBLICATION— Continued. 

— injunction  against  publication  of  libel. 
1916D-1088. 

— mailing  letter  addressed  to  person  de- 
famed as  constituting  publication.  1— 
190;  11-425. 

— newspaper  publication  of  libel,  liability 
of  one  procuring.     1913D-13. 

— photograph  of  person  published  as  that 
of   another   as   libel.     9-866;    16-1077. 

— 'pleadings  before  they  come  before  court 
as  privileged  within  law  of  libel.  11- 
162;  15-618;  1915A-129. 

— ^publication  invited  or  procured  by  plain- 
tiff as  sufficient  to  support  action, 
1913A-620. 

— sufficiency  of  complaint  with  respect  to 
averments  of  publications  and  of  time 
and   place.     1918B-504. 

— title  or  headline  of  publication,  signi- 
ficance in  determining  whether  article 
is    libelous.     13-375. 

— ."unfair  list"  of  labor  union,  publication 
that  employer  has  been  placed  on  as 
libelous.     15-677. 

Obscenity,  publication  of  reports  of  pro- 
ceedings in  courts  of  justice  as  within 
statute  against  obscenity.     16-764. 

Private  letters,  right  to  restrain  publica* 
tion.     1912D-555;   1915B-105. 

2.     Notice. 

Computation  of  time  for  publication  by 
exclusion  or  inclusion  of  Sunday  or 
holiday.     1917E-942. 

Continuous  publication,  requirement  of  cer- 
tain number  of  days  as  meaning  con- 
tinuous publication.     1912B-1273. 

Irregularities  in  publication  of  notice  as 
affecting  jurisdiction  of  court  upon 
collateral  attack.     1-923. 

Language  in  which  publication  required 
by  statute  should  be  made.  14-420; 
1912B-832. 

Misnomer  of  defendant  in  publication  no- 
tice as  affecting  jurisdiction  of  court. 
1913B-1248. 

Municipal  bond  issue  election,  necessity 
of  compliance  with  statutory  require- 
ments as  to  publication  of  notice. 
18-1141. 

Newspapers,  place  of  publication  of  news- 
paper.    1913E-295. 


PUBLICATION— Continued. 

• — right  to  compel  particular  newspaper  to 

publish      notice      required     by     law. 

1916A-386. 
• — single    edition,    publication    therein    as 

sufficient  publication.     1917E-994. 
— statement    published   in     newspaper     as 

notice  in  absence  of  statute.     1913D- 

224. 

Once  per  week  for  certain  number  of 
weeks,  construction  of  requirement. 
1917B-209, 

Sunday  publication  of  notice,  etc.,  validity. 
1916B-25. 


PUBLIC  AUTHORITIES. 

Animal  insurance  policy  as  covering  loss 
of  animals  through  act  of  public  au- 
thorities.    1915A-621. 

Eviction  of  tenant  by  act  of  public  au- 
thorities.    1915C-402,  405. 

Injunction  against  public  authorities  to 
prevent  injury  to  trees  or  timber. 
11-460. 


PUBLIC  BOARDS. 

Adjournment,    what    constitutes.     1915B- 
773. 

Contempt,  power  of  board  of  public  officials 
to  punish.     I912B-1265. 

State's  liability  for  torts  of  state  agency 
or  board.     1913E-1040. 


PUBLIC  BUILDINGS. 

Courthouses,  effect  of  partial  invalidity 
of  statutes  relating  to.     1916D— 41. 

Gift  for  public  building  as  valid  chari- 
table gift.     1914A-1218. 

Location  of  public  building,  validity  of 
contract  tending  to  influence.     8-484. 

Municipal  power  to  erect  hall  or  building 
for  pubUc  meetings  of  citizens.  12- 
1112. 

United  States,  power  to  condemn  land  for 
public  building  site.     1918E-44. 

Unsafe  condition  of  building  maintained 
for  public  use  or  amusement,  liability 
of   municipality.     1918D-115. 


PUBLIC  CONTRACTS— PUBLIC  ENTERTAINMENTS. 


703 


PUBLIC  CONTRACTS. 

Assignment,  validity  and  enforceability  of 
provision  in  municipal  contract  for- 
bidding.    1912A-363. 


or     other     deposit, 
1916C-427. 


Bids,    certified    check 
rights  of  parties. 

— implied  liability  of  municipality  under 
contract  let  contrary  to  statute  requir- 
ing competitive  bidding.     1917A-1263. 

—"lowest  responsible  bidder,"  construc- 
tion of  that  or  similar  phrase  in  stat- 
ute providing  for  letting  of  municipal 
contracts.     1913A-500. 

— ^offer  to  better  any  other  bid  received 
as  legal   bid.     1915C-1011. 

— readvertisement,  necessity  where  bidder 
to  whom  municipal  contract  is 
awarded  fails  to  comply  with  con- 
ditions or  abandons  work.  1916D- 
1189. 

— suppression  of  competition  in  bidding 
for  contract  to  perform  public  work, 
validity  of  contract  so  designed.  20- 
386. 

Bond  given  by  public  contractor,  right  of 
one  furnishing  labor  or  material  to  sue 
on.     1916A-758. 

Court  control  of  act  of  municipality  in  let- 
ting municipal  contract.     3  7-650. 

Failure  of  contractor  to  comply  with  con- 
tract, right  to  recover  from  munici- 
pality value  of  public  improvement. 
1912D-419, 

Frauds,  statute  of,  written  bid  to  do 
public  work  as  sufficient  evidence  of 
contract    to    satisfy    statute.     1912B- 

722. 

Implied  contract,  liability  of  municipal 
corporation.     2-509. 

Interest  of  officer,  executed  contract  in 
which  municipal  officer  is  interested, 
liability  of  municipality  under.  3- 
672;  1912D-1132. 

— member  of  council  interested  in  contract 
by  municipal  council,  validity  of  con- 
tract in  absence  of  statute.  1912D- 
659. 

Laborer's  or  matejialman's  right  of  action 
against  city  as  conferred  under  stat- 
ute or  ordinance  requiring  public  con- 
tractor to  pay  all  claims  before  settle- 
ment.    1915B-868. 

Patented  or  monopolized  article,  right  of 
municipality,    when    required    to    let 


PUBLIC  CONTEACTS— Continued. 

contracts  at  public  bidding  to  contract 
for.     3-745  J  10-709;  1915B-460. 

Public  officer  making  contract  with  him- 
self individually,  validity  of  contract. 
1912A-867. 

State  contract  in  which  member  of  legis- 
lature is  interested,  validity.  1916A- 
237. 

• — power  to  annul  by  legislative  act. 
1915B-137. 

Union  labor,  validity  of  municipal  con- 
tracts stipulating  for  employment  ex- 
clusively.    5-286;    21-213. 

United  States,  annulment,  suspension  or 
modification  of  contract,  with  govern- 
ment, or  additional  compensation 
thereunder,  rights  with  respect  to. 
1918E-5. 

Water  supply,  right  of  private  consumer 
to  enforce  contract  of  municipality 
with  water  company.    5-507. 


PUBLIC  CONVEYANCE. 

Accident   insurance,    "public    conveyance" 
within  meaning  of  policy.     1913A-845. 


PUBLIC  CORPORATIONS. 

See   Municipal  Corporations. 

Creditor's  bill  as  reaching  claim  against 
public  corporation.     1914B-957. 

PUBLIC  DEBT. 

See  Municipal  Corporations;  States. 

Funding  existing  debts  as  increase  of  in- 
debtedness of  municipality.     21-1334. 

Gift  for  purpose  of  reducing  public  debt 
as  valid  charitable  gift.     1914A-1219. 

PUBLIC  DEPARTMENTS. 

Public  departments  as  included  under 
term  "public  works."     11-596. 

PUBLIC  ENTERTAIN- 
MENTS. 

Liability  of  organizer  or  promoter  of  en- 
tertainment not  given  for  profit  for 
personal  injuries.     1917E-238. 


704    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


PUBLIC  FUNDS. 

Appropriations  of  public  moneys  for  pri- 
vate purposes.     1-935. 

— what  constitutes  "approriation"  of  pub- 
lic money  within  constitutional  provi- 
sion relating  thereto.     1915A-1240. 

Constitutional  provision  against  giving  or 
loaning  money  or  credit  of  state  or 
municipality,  construction  of.  1913C- 
1230. 

Deposit  as  preferred  claim  against  insol- 
vent  bank.     8-116;   1916B-1264. 

Depositaries,  designation,  rights,  duties 
and  liabilities.  1916B-1239,  1250, 
1255,  1261. 

Fairs,  validity  of  statute  appropriating 
public  funds.     9-52. 

Gift  or  loan  of  money  or  credit  of  state 
or  municipality,  construction  of  con- 
stitutional  provision.     1913C-1230. 

Interest,  liability  of  public  officer  for  re- 
ceiving interest  on  public  funds.  8- 
391;  1912C-1137;  1914C-1016;  1918E- 
105. 

Loss  of  public  money,  liability  of  public 
officer.     17-929;   1914C-492. 

Misappropriation  or  misapplication,  tax- 
payer's right  of  action  to  restrain. 
3-1014;    1913C-890. 

Municipal  appropriations,  celebrations  and 
entertainments,  power  of  municipality 
to    appropriate    moneys.     11-976. 

— defense  of  municipal  officers,  power  of 
municipality  to  appropriate  money. 
3-435;   1914C-660. 

Eecovery  of  money  illegally  paid  out  of 
public  treasury,  right  of  taxpayer  to 
maintain  action.     19-776. 

"Eequire,"  legal  meaning  in  statute  re- 
lating to  deposit  of  public  money. 
1912A-1239. 

School  fund,  power  of  legislature  with 
respect  to  expenditure.     1917C-917. 

State  funds,  right  of  county  to  maintain 
action  to  restrain  expenditure.  1913C- 
669. 

Use  for  purpose  other  than  that  of  ap- 
propriation, right  of.     1917B-S64. 

What   are   "public  funds."     1916B-1239. 

PUBLIC  HiaHWAYS. 

See  Streets  and  Highways. 

Accident  insurance,  "public  highway"  as 
used   in   policy.     1912C-607. 


PUBIiIC  HIGHWAYS— Continued. 

Turnpikes  or  toll  roads,  as  comprehended 
in    term    "public    highways."     17-804. 


PUBLIC  IMPROVEMENTS. 

See  Special  Asse^ments. 

Councilman's  right  to  vote  on  matter  in- 
volving his  personal  interest.  1917C- 
521. 

Court  condemnation  of  municipal  contract, 
otherwise  valid,  as  unwise  or  disad- 
vantageous.    1914A-1072. 

Debt  limit,  right  of  municipality  to  con- 
tract for  public  improvement  with 
deferred  payments  where  cost  exceeds 
authorized  4ebt  limit.     17-420; 

Implied  power  of  municipality  to  borrow 
money  or  incur  indebtedness  for.  6- 
760;    1913D-77. 

Interference  with  pipes  in  making  im- 
provement, right  of  gas  or  water 
company  to  injunction  against  muni- 
cipality.    6-391. 

Municipal  power  to  enter  into  partner- 
ship contract  for  construction.  1916C- 
909. 

Petition  and  remonstrance,  who  may  file. 
1918E-837. 

Eecovery  of  value  from  municipality  by 
contractor  who  has  failed  to  comply 
with    contract,    right    of.     1912D-419. 

"Vicinity,"   meaning   of   term.     18-737. 


PUBLIC  INSTITUTIONS. 

Legislative  investigating  committee, 
powers  and  privileges  with  respect  to 
institutions.     1916B-1059,   1070. 

Eesidence  at  public  institution  as  affect- 
ing right  to  vote.     1917C-407. 

Water  rates,  right  to  exemption  from 
payment.     20-955. 

What  is  "public  institution."     1913C-587. 


PUBLIC  INTEREST. 

Comment  on  matter  of  public  interest  as 
libel  or  slander.  1917B-409,  450; 
1917D-266;    1918E-165,   1011. 

In  pari  delicto  rule  as  modified  by  par- 
amount public  interest.     1913D-772. 


PUBLIC  LANDS— PUBLIC  LIBRARIES. 


705 


PUBLIC  LANDS. 

Government  Lands. 

Adverse  possession,  right  to  assert,  by 
one  claiming  title  in  subordination  to 
United  States,  as  against  another 
claimant.     20-53S. 

Bona  fide  purchase  doctrine  as  applicable 
to  entryman  on  public  lands.  1918C— 
461. 

Conflicting  grants,  construction  of.  9-577. 

— interference  by  courts  to  protect  pos- 
sessory rights  as  between  conflicting 
claimants.     12-32. 

Corporations,  criminal  liability  for  in- 
closing  public   domain.     1916C— i65. 

Excess  or  deficiency  found  to  exist  in 
government  sections,  apportionment. 
1912A-1275. 

Fictitious  grantee,  validity  of  patent.  10- 
97. 

Forestry  legislation,  validity  and  con- 
struction. 1917A-5,  38,  40,  46; 
1918E-709. 

Freeholder,  holder  of  inchoate  title  to 
public  land  as  "freeholder."  1913D- 
328. 

Homestead  entry,  abandonment  or  for- 
feiture by  involuntary  or  compulsory 
absence.     8-681. 

> — death  of  homesteader  before  perfection 
of  title,  succession  to  rights.  1912C- 
696;    1916A-S'91. 

— exemption  from  liability  for  debt  con- 
tracted prior  to  issuing  of  patent, 
construction  of  federal  statute. 
1912D-282. 

Irrigation  districts,  government  lands  as 
subject    to   inclusion.     1916A-1225. 

Mineral  lands,  determination  of  character 
as  mineral  or  nonmineral  character. 
1912A-1302. 

— discovery  of  mineral  sufficient  to  sup- 
port location  of  mining  claim  as 
against  patents  for  agricultural  lands 
and   townsites.     15-630. 

— rights  of  applicant  for  patent  under 
final  receipt  issued  on  void  applica- 
tion.    1912D-1317. 

— taxation  of  mineral  interests  separate 
from    land.     15-514. 

Mortgage  upon  government  land  made  by 
claimant  holding  under  homestead  act 
prior   to   final   proof,   validity.     9-934. 
Index  to  Notes — 45 


PUBLIC  LANDS— Continued. 

Occupancy  of  land  under  public  land  laws 
as  requiring  actual  residence.  20-S31. 

Ordinance  of  1787  as  affected  by  admis- 
sion of  states  carved  out  of  North- 
west  Territory.     1915D-952. 

Patent  to  fictitious  grantee,  validity.  10- 
97. 

iteclamation  of  arid  lands,  employment  in 
connection  with  as  within  purview  of 
Workmen's  Compensation  Act.  1917I>- 
14. 

Surveys,  judicial  notice  of.     12-931. 
Swamp-land    Act    as    affecting    power    of 

county    to    sell    real    estate.     1913E- 

530. 

Timber  Cutting  Act,  meaning  of  term 
"domestic   purposes."     1912B-621, 

Withdrawal  from  settlement,  for  water 
power  or  similar  purpose.  1918C- 
lOOS. 

State  Lands. 

Abandonment  of  state  grant  of  public 
land.     19-375. 

Eminent  domain,  interest  acquired  by  con- 
demnation of  public  land  as  easement 
or  fee.     1918A-80S. 

— ^power  to  condemn  public  lands.  15- 
488. 

— state  lands,  power  of  legislature  to  au- 
thorize condemnation  for  irrigation 
purposes.     1914B-338. 

Investigation  relating  to  public  lands, 
power  of  legislative  committee. 
1916B-1062. 

Lease  of  state  land  as  subject  to  collat- 
eral  attack.     1912B-91. 

Navigable  waters,  power  of  state  to  grant 
title  to  land  under  water.  1918B- 
1107;   19150-69. 

Spanish  and  Mexican  grants,  abandon- 
ment of.     19-376. 

Special     assessment,    public     property    as 

subject  to.     1917D-844. 
— state   property   as   liable  in  absence   of 

express    statutory    provision.     16-887. 

Taxation  of  state  lands  held  under  con- 
tract  of    sale.     1917C-129. 


PUBLIC  LIBRARIES. 

Eminent    domain,    condemnation    of    land 
for  public   library.     1918E-122. 


706    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


PUBLIC  MONEYS. 

See  Public  Funds. 

PUBLIC  NUISANCES. 

See  Nuisances. 

PUBLIC  OFFICERS. 

1.  In  General. 

2.  Nature,    Creation    and    Abolition    of 

Office. 

3.  Qualification  and  Eligibility. 

4.  Election  or  Appointment. 

5.  Commencement,  Duration  and  Termin- 

ation. 

A.  Generallt. 

B.  Recall. 

C.  Eesionation.  \ 

D.  Removal. 

E.  Restoeation  to  OrFICB. 

6.  Rights  and  Liabilities. 

7.  Validity  of  Official  Acts. 

8.  Compensation. 

9.  De  Facto  Officers. 
10.  Official  Bonds. 

1.    In  OeneraL 

"Absence"  or  "absent,"  meaning  as  ap- 
plied  to   public    officer.     1912C-351. 

Acknowledgments,  deputy's  power  to  take. 

3-299. 
— officer      executing    instrument,    validity 

of     acknowledgment    before     himself. 

1912B-332. 

— termination  of  officer's  right  to  office, 
validity  of  acknowledgment  taken  by 
him  thereafter,     5-461. 

Anti-nepotism  law,  validity  and  construc- 
tion.    1917D-735. 

"Any  office,"  "any  officer,"  legal  mean- 
ing   of .  terms.     1916E-52. 

Bond  issues,  authority  of  public  officer  to 
complete  after  repeal  of  statute  au- 
thorizing issue.     1916E-406. 

Bribery,  fact  that  act  for  which  bribe  is 
taken  or  offered  is  beyond  officer's 
power  or  jurisdiction,  effect  on  ques- 
tion.    14-246. 

Candidates  for  public  office,  who  are.  12- 
109. 


IPUBUO  OFFICERS— Continued. 

— criticism  of  candidate  for  office,  statute 
forbidding  as  infringing  constitu- 
tional liberty  of  speech  and  press. 
1915B-1185. 

Carrying  concealed  weapons,  exemption 
of  public  officers  from  statute  against. 
1914A-253. 

Constitutional  provisions  self-executing  as 
to  officers.  7-631;  18-201;  19140- 
1118. 

Contract  tending  to  influence  appoint- 
ment to  public  office,  validity  of.  7- 
874. 

Deeds  given  by  public  officer,  title  con- 
veyed.    11-731. 

Defense  of  officers,  county's  power  to  ap- 
propriate money  therefor.     1914C-660. 

— municipality's  power  to  appropriate 
money  therefor.     3-435. 

Depositary  of  public  funds,  power  of  offi- 
cer to  designate.     1916B-1241. 

Disbarment  or  suspension  of  attorney  for 
misconduct  as  ministerial  officer. 
1917B-236. 

Divorce  suit,  service  of  notice  on  public 
official,  validity  and  construction  of 
statute  requiring.     1918D-109S. 

Drainage  district  officers,  manner  of  selec- 
tion.    1915C-29. 

Duress,  payment  made  to  public  official  to 
prevent  apprehended  injury  to  busi- 
ness as  payment  under  duress.  1918B- 
519. 

Ejectment,  right      to      maintain      action 

against  officer     when     in     possossion 

holding  for   the   government.     1913C- 
357. 

Embezzlement  by  public  officer,  indict- 
ment, sufficiency  with  respect  to  de- 
scription   of    property.     21-72. 

Governor  of  state  as  immune  from  judi- 
cial control.     3-391. 

— vacancy  in  office  of  governor,  existence 
and  effect.     1915A-577. 

Income  taxes,  power  of  state  to  tax  sal- 
ary or  income  of  federal  officer  and 
vice   versa.     7-87. 

Injunction  against  public  official,  right  of 
individual  to  bring  action.     8-1013. 

— taxpayer's  right  to  bring  against  state 
officers.     1913C-900. 


PUBLIC  OFFICERS. 


707 


(PTJBIJC  OFFICERS— Continued. 

Interest  of  public  officer  in  public  con- 
tract as  affecting  its  validity.  1912D- 
659. 

Judicial    notice,    abbreviations    of    official 

character.     17-494. 
— federal  officers,  judicial  notice  by  state 

courts.     18-365. 
— governmental  departments,   construction 

of    statute    requiring    courts    to    take 

judicial  notice  of  acts.     1914D-547. 

Jury,  competency  of  public  officer  as 
juror  where  state  or  government  is 
party  to  action.     15-400. 

Libel  or  slander  of,  communications  to 
person  not  having  authority  in  mat- 
ter as  privileged.     14-106. 

—complaint  against  public  officer  to  per- 
son or  body  having  power  in  matter 
as  privileged.  19-1196;  1913C-824; 
1918B-977. 

— falsity  of  charge  against  public  officer 
as  affecting  privilege.     3-649. 

— loss  of  election  or  appointment  to  office 
as  element  of  damages  for  libel  or 
slander.     191SB-1129. 

^peace  or  prosecuting  officer,  communica- 
tion to  concerning  commission  of 
crime  as  privileged.     7-113. 

Mandamus  as  remedy  to  determine  which 
of  several  officers  must  perform  cer- 
tain  duties.     3-174. 

— default  judgment,  mandamus  to  compel 
proper  official  to  enter.     1913B-344. 

— former  public  officer  as  subject  to  writ 
to   compel   official    action.     3-172. 

— general  course  of  conduct,  or  perform- 
ance of  continuing  duty  or  series  of 
acts,  writ  to  compel  public  officer. 
4-19  g. 

Physical  examination,  power  to  compel 
submission  by  public  officer.  1912A- 
137. 

Quo  warranto  to  try  title  to  office,  former 
adjudication,  what  constitutes.  1913C— 
671. 

—private  individual's  right  to  file  infor- 
mation in  nature  of  quo  warranto. 
6-464;   13-1063. 

—termination  of  office  as  affecting  quo 
warranto   proceeding.     1913C-1303. 

"Eequire,"  legal  meaning  in  statute  re- 
lating to  detailing  policemen  for 
park  duty.     iyi2A-1237. 


PUBLIC  OFFICERS— Continued. 

Rewards,  right   of   public   officer.     10-729; 

1912C-1294;   1915D-258. 
— sheriff's      right      to      receive      reward. 

1915A-726. 

Robbery  by  officer,  taking  property  under 
orders  of  superior  or  in  performance 
of  official  duty  as  constituting.  21- 
1138. 

Seals,  failure  of  officer  to  attach  to  docu- 
ment aa  required  by  law,  effect. 
19140-758. 

Servant  vested  with  police  powers  as  af- 
fecting liability  of  master  for  acts. 
6-252;    17-638;    1913D-113. 

Statutes  relating  to  public  officers,  effect 
of  partial  invalidity.     1916D-81. 

Supervisory  control  of  courts  over  special 
officers  and  boards  exercising  discre- 
tionary power.     2-543. 

Torts,  liability  of  state  for  torts  of  its 
officers.     1913E-1038. 

Transportation,  constitutional  or  statutory 
provisions  against  g^ranting  free  rail- 
road transportation  to  public  officers. 
17-663;  1915D-559. 

— validity  of  statute  requiring  free  trans- 
portation of  public  officials.  1913E1- 
498. 


2.    Nature,    Creation    and    Abolition    of 
Office. 

Abolition  of  office,  civil  service  statutes 
as  violated  thereby.     20-246. 

— reduction  of  compensation  so  as  to  abol- 
ish office,  right  of  public  body  having 
no  power  to  abolish  office.     16-959. 

Assistants  and  deputies,  distinction  be- 
tween.    1912A-1270. 

Civil  service  statutes,  constitutionality. 
1913B-1005. 

Delegation     of    power    to     create    public 

office,  right   of  legislature.     18-489. 
Deputy  as   public   officer.     1913C-88. 

Detectives,  private  detective  aa  public 
officer.     1917A-584. 

Municipal  officer,  who  is.     1914D-1229. 
Office     and     employment,     distinction    be- 
tween.    17-45i;  1917D-319. 

Policeman  as  public  officer.     1917B-663. 

United  States  officer,  who  is  officer  so  as 
to  be  free  from  interference  by  state 
court.     1914B-105. 


708    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


PTJBLIC  OFFICERS — Continued. 

Vacancy  in  oflSce  as  existing  on  taking 
effect  of  law  creating  office.  1915D- 
127. 


3.    Qualification  and  Eligibility. 

Compatible  offices.  2-381;  10-697;  1915A- 
525. 

Court's  power  to  determine  whether  ap- 
pointee to  office  possesses  prescribed 
qualifications.     1915A-565. 

Disbarment  of  attorney  as  disqualification 
for  office.     20-422. 

Election  expenses,  failure  of  candidate  to 
file  as  affecting  eligibility  to  office. 
1915A-366. 

Eligibility  of  one  removed  from  office  to 
appointment  or  election  to  same  office 
for  unexpired  term.     10-930. 

"Freeholder,"  candidate  for  office  as. 
1913D-333. 

Incompatible  offices.  2-380;  10-697; 
1915A-520. 

Incumbent's  right  to  retain  office  where 
successor  elected  or  appointed  is  in- 
eUgible.     1913B-677, 

Ineligibility  to  office  to  which  elected  or 
appointed  as  affecting  right  to  office 
actually  held.     14-628. 

Legislature's  power  to  define  qualifications 
of  public   officer.     19-743;   191oA-343. 

Municipal  council  as  judge  of  qualifica- 
tions of  councilmen.     16-162. 

Political  belief  as  affecting  eligibility, 
1915A-594;   1918D-1037. 

Eequirement  as  to  eligibility  as  relating 
to  time  of  election  or  time  of  taking 
office.     11-950;   20-992. 

"Eesidenee"  as  synonymous  with  "domi- 
cile" with  respect  to  qualification. 
1915C-790. 

Signing  petition  for  local   option   election 

as    disqualifying    official    from    acting 

thereon,,     1912C-1092. 
Statute    prescribing    time    for    officer    to 

qualify    as    directory    or    mandatory. 

1915D-412. 

Two  offices,  right  to  hold  at  same  time, 
2-380;  10-697;  1915A-525. 

Women,    eligibility    of    woman    to    public 

office.     21-403;  1913C-1162. 
• — right    to    be   notary   public.     1917D-534. 


PUBLIC  OFFICERS— Continued. 

4.    Election  or  Appointment. 

Appointment  to  office,  when  complete. 
1914D-304. 

Confirmation,  necessity  where  appoint- 
ment is  authorized  subject  to  confirm- 
ation by  another  officer  or  body.  17- 
1011. 

Contract  designed  to  influence  nomination 
or  election  to  office,  validity.  1917C- 
351. 

Ex-officio  duties  conferred  on  officer  as 
appointing  him  to  second  office. 
1913D-511. 

Governor's  power  of  appointment  in  ab- 
sence of  constitutional  or  statutory 
authority.     19-823. 

Judges,  power  of  appointment  by  judge, 
validity  of  statute  imposing,  8-599; 
10-436;  18-1189. 

— title  to  office  of  judge  as  subject  to  at- 
tack in  action  brought  before  him- 
self.    20-460. 

Minority  candidate's  right  to  office  for 
which  ineligible  or  deceased  candi- 
date received  highest  number  of 
votes.     2-485;    11-118;    1915B-518. 

Municipal  officers,  power  of  municipality 
to  elect  its  officers  in  method  other 
than  that  prescribed  by  general  laws. 
1915B-126. 

— veto  power  of  mayor  as  to  appointment 
by  municipal  council,     15-1066. 

Eight  of  appointing  power  to  make  ap- 
pointment where  term  does  not  begin 
until  after  expiration  of  appointing 
power's  term.     18-142. 

Substitute  for  disqualified  officer  to  select 
jury,  appointment.     17-367. 

Title  to  office,  necessary  parties  respond- 
ent in  mandamus  proceedings  involv- 
ing title.     2-553. 

— private  individual's  right  lo  file  quo 
warranto.     6-463;    13-1063. 

Vacancy,  election  to  fill  vacancy,  effect 
of  failure  to  give  notice.  1914C- 
595. 

Veterans'  preference  laws,  constitutional- 
ity and  intent.  1-291;  9-1049;  1914D- 
725. 


PUBLIC  OFFICERS. 


709 


(PUBLIC  OFFICERS— Continued. 

5.    Commencement,  Duration  and  Termin- 
ation. 

A.    Geneeally. 

Books,  papers  or  other  property,  what  offi- 
cer is  entitled  to  retain  for  own  use 
after  expiration  of  his  term.  1913B- 
1274. 

Consecutive  service,  validity  and  construc- 
tion   of   statute   limiting.     1918E-358. 

Continuous  service  as  required  by  provi- 
sion for  service  for  prescribed  length 
of   time.     I915D-1081. 

IJeath  of  officer-elect  before  commence- 
ment of  term  as  creating  vacancy. 
17-86. 

Delegation  of  power  to  appoint  officer  as 
including  power  to  fix  term  of  offi- 
cer.    13-806. 

"During  term"  of  appointing  power,  term 
of  office  of  person  entitled  to  hold 
office  during  term.     1914D-102. 

Extension  of  term  of  incumbent  of  pub- 
lic office,  power  of  legislature.  13- 
160. 

•^right  of  legislature  to  extend  constitu- 
fional  term  by  providing  that  occu- 
pant may  hold  over  until  his  suc- 
cessor  qualifies.     21-58. 

Ineligibility  of  successor  elected  or  ap- 
pointed, right  of  incumbent  to  retain 
office.     1913B-677. 

Mandamus,  abatement  by  termination  of 
respondent's  office.  4:-75j  10-60; 
1918A-1000. 

"Next  regular  election,"  or  "next  general 
election,"  meaning  of  phrases  in  con- 
stitutional or  statutory  provision  fix- 
ing term.     10-1140. 

Oath,  failure  to  comply  with  exact  form 
prescribed  by  law  as  affecting  bind- 
ing   character    of    oath.     5-724. 

Quo  warranto  proceeding  to  try  title  to 
office,  effect  of  termination  of  office. 
11-1170;   1913C-1303. 

— joinder   of  parties.     1918D-214. 

— ^power  to  prosecute  without  leave  of 
court.     6-912. 

— private  individual's  right  to  file  quo 
warranto  to  try  title  to  office.  6- 
463;    13-1063. 

Term  of  person  elected  or  appointed  to 
fill    vacancy,    in    absence    of    express 


PUBLIC  OFFICERS— Continued. 

statutory   or   constitutional   provision. 
12-572;   1913D-619. 

Time  to  qualify,  statute  prescribing  as  di- 
rectory or  mandatory.     1915D-412. 

Vacancy  in  office,  what  constitutes  abso- 
lute va&ancy.     17-1012. 

B.    Recall. 

Recall,  construction  of  constitutional  or 
statutory  provision.     1916A-1160. 

— form  of  ballot  for  recall  of  plural  offi- 
cers.    1916D-208. 

— validity  of  statute  providing  for  recall. 
21-308;   1916A-1155;    1918D-878. 

C.    Resignation. 

Acceptance  of  resignation  from  public 
office,  necessity.     13-873. 

Person  or  body  to  whom  resignation 
should  be  tendered.  6-688;  1913C- 
604. 

Time  of  resignation  of  public  officer. 
1915C-346. 

Withdrawal  of  resignation,  right  of  public 
officer.     5-689;   15-139. 

D.    Removal. 

Civil  or  criminal  nature  of  proceeding  for 
removal  of  public  officer.  20-112; 
1915B-1145. 

Grounds  for  removal,  deputy's  or  subordi- 
nate's  act    as   ground.     1912D-1082. 

— failure  of  officer  to  enforce  laws  as 
ground.     1913D-32;    1918B-145,    913. 

— good  faith  or  intent  of  officer  in 
committing  wrongful  act  as  affecting 
right   of  removal.     1913B-400. 

•—illegal  fees  or  compensation  exacted  by 
officer  as  constituting  ground. 
1912C-147;   1916B-1019. 

— intoxication  of  officer  as  ground. 
1912A-1289;   1917D-994. 

— "knowingly  taking"  illegal  fees. 
1912A-433. 

— rudeness  or  incivility  as  groutad. 
1912C-275. 

— trading  A'otes  as  misconduct  in  office. 
1915A-1148. 

— wilful  misconduct  in  office,  what  con- 
stitutes.    19120-1083. 

Impeachment,  act  committed  prior  to  com- 
mencement of  term  as  cause.  19ieB- 
707. 


710    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


PTJBIJC  OFFICEES— Continued. 

— preliminary  investigation  by  legislative 
committee  in  impeachment  proceed- 
ings.    1916B-1058. 

Municipal  oflBcers,  inherent  power  of  re- 
moval.    10-886. 

— prohibition  as  remedy  against  removal. 
20-963. 

Notice  and  hearing,  necessity  of  notice 
to  officer  to  effect  summary  removal. 
19-920. 

— power  of  body  having  authority  to  re- 
move to  appoint  committee  to  con- 
duct hearing.     1916C-1273. 

— right  of  officer  holding  for  fixed  term 
to  notice  and  hearing  before  removal 
for   cause.     12-995;    1913D-1209. 

— trial  of  charges  by  municipal  or  other 
board  as  exercise  of  judicial  func- 
tions.    1917E-706. 

Summary  dismissal,  fixed  term  of  office, 
right  of  appointing  power  to  remove 
officer.     1913B-524. 

— term  of  office  not  fixed,  right  of  ap- 
pointing power  to  remove  officer. 
1912C-374. 

Suspension  pending  investigation  of 
charges  as  included  within  power 
to  remove  subordinate  from  office. 
16-946. 

Veteran's  preference  laws,  right  of  re- 
moval as  affected  by.     1-292. 

E.    Restoration  to  Office. 

Mandamus  as  remedy  to  restore  party 
to  office.     12-14;  1912A-930. 

— pardon  as  restoring  forfeited  office. 
19-293. 


6.    Sights  and  Liabilities. 

Accrual  of  cause  of  action  for  injury  by 
public  officer's  breach  of  duty.  3- 
997;    1916A-885. 

Acknowledgments,  false  or  defective  cer- 
tificate,   liability    of    officer.     13-717. 

Assessor's  civil  liability  for  erroneous  as- 
sessment of  property.     4-942;   13-678. 

Bond  for  protection  of  laborers  or  ma- 
terialmen, liability  of  public  officer 
for  failure  to  take  from  contractor. 
1917B-1089. 

Corporate  employment  of  public  officer, 
validity  of  statute  prohibiting. 
1912C-1067. 


TTJBIJC  OFFICERS— Continued. 

Costs,  liability  of  public  officer.  1915D- 
563. 

Declarations  or  admissions  admissible  in 
evidence,  necessity  that  they  be  part 
of  res  gestae.     3-749. 

Delegation  of  power  of  approval,  right 
of  public   officer.     1912B-500. 

Discretionary  power  as  to  enforcement 
of  ordinances,  validity  of  grant  to 
officer.     13-652. 

Extraterritorial  performance  of  official 
acts,  remedy  against  officer.  1914C- 
328. 

Injury  to  public  officer  going  on  train  or 
premises  in  discharge  of  official 
duties,  liability  of  carrier  or  owner 
of  premises.  9-1123;  21-499;  1914B- 
518. 

Interest  in  public  contract,  contract  be- 
tween corporation  and  municipal 
council  where  council  member  is 
stockholder  of  corporation,  validity. 
21-912;   1916A-77. 

— public  officer  contracting  with  himself 
individually,  validity  of  contract. 
1912A-867. 

Judicial  officers,  civil  liability  for  false 
imprisonment.     4-325;    1914C-1167. 

Ministerial  officer,  right  to  question  va- 
lidity of  statute.  2-81;  1912D-152; 
1918D-1199. 

Negligent  performance  or  failure  to  per- 
form official  duty,  contributory  negli- 
gence as  defense  to  action  against 
officer.     20-1309. 

Personal  liability  of  officer,  failure  to 
collect  statutory  fees  for  services. 
1916B-188. 

— injuries  caused  by  defective  street  or 
highway.     1917D-939. 

— neglect  of  duty  by  corporate  body  of 
which   officer  is  member.     7-773. 

— sale  of  property  for  ta^es  under  void 
statute.     1918B-190. 

— tax  officer  as  personally  liable  to  pur- 
chaser at  tax  sale  for  error  voiding 
sale.     1914A-1120. 

Political  activity  by  public  officer,  pro- 
hibitory statute  as  infringing  con- 
stitutional liberty  of  speech  and 
press.     15-8;    1915B-1185. 

— validity  of  prohibitory  statute.  1915A- 
558. 


PUBLIC  OFFICERS. 


711 


FUBLIC  OFFICERS— Continued. 

Powers  of  oflScer,  mention  of  office  in 
constitution  as  constituting  limitation 
of  power  of  legislature  to  subtract 
from    powers.     1912D-334. 

Profits  obtained  by  officer  by  virtue  of 
his  office,  right  of  government  to  re- 
cover.    19-604. 

— sale  of  land  to  municipality,  recovery 
from  officer  thereof  of  profits  made 
by  him.     1914D-808. 

Public  funds,  interest  received  by  officer, 
liability  therefor.  8-391;  1912C-1137; 
1914C-1016;     1918E-105. 

^loss  of  public  money,  liability  of  officer. 
17-929;  1914C-492. 

Recording  officer,  liability  to  person  in- 
jured for  failure  to  index  or  for  error 
in    indexing    record.     20-487. 

Servant  who  is  also  public  officer,  lia- 
bility of  master  for  his  acts.  6- 
252;   1913D-112. 

State  contracts,  enforcement  by  specific 
performance,  mandamus,  or  manda- 
tory injunction,  liability  of  officers. 
5-295. 

Subordinates,  liability  for  acts  of.  12- 
185. 

Subrogation,  right  of  public  officer.  12- 
380. 

Tax  collector,  duty  to  account  for  money 
received  by  him  officially  but  with- 
out authority.     11-330. 

Tort  by  public  officer,  proper  county  for 
place  of  trial  of  action  against  him. 
1912C-345. 

"Vote  on  matter  involving  title  to  or 
emoluments  of  office,  right  of  member 
of    municipal    council.     1917C-520. 


7.    Validity  of  Official  Acts. 

Payment  voluntarily  made  under  no  mis- 
take of  fact,  rule  against  recovery 
as  applicable  to  unauthorized  pay- 
ment by  public  officer.  19136-651; 
1916D-745. 

Sunday  performance  of  administrative  offi- 
cial act,  validity.     1916B-25. 

8.    Compensation. 

Absence  of  statutory  provision  for  com- 
pensation as  affecting  right  of  public 
officer  thereto.     20-148. 


FUBLIC  OFFICERS— Continued. 

Additional  compensation  for  duties  im- 
posed after  commencement  of  term, 
right  of  officer  in  absence  of  statu- 
tory authority.     1918E-1062. 

Assignment  by  public  officer  of  unearned 
salary  or  fees.  4-423;  10-636;  1913B- 
1080. 

Assistant  prosecuting  attorney  appointed 
by  court,  right  to  payment  for  sier- 
vices.     17-336. 

Bankruptcy  of  officer  or  employee  as  af- 
fecting salary  or  pension.  1916D- 
629. 

"Case,"  meaning  of  word  as  used  in  sense 
'     of   "action"    or   "proceeding"    in    stat- 
ute  relating  to   compensation   of   offi- 
cers.    21-670. 

Change  of  salary  during  term  of  office, 
constitutional  provision  against,  as 
applicable  to  person  elected  or  ap- 
pointed to  fill  balance  of  unexpired 
term.     16-1027. 

— office  held  during  pleasure  of  appoint- 
ing power  as  within  purview  of  con- 
stitutional provision  against  change 
of   salary   during  term.     1913A-316. 

— who  is  public  officer  within  constitu- 
tional or  statutory  prohibition 
against  change  during  term.  1914C- 
214. 

Contract  to  render  services  for  sum  less 
than  pay  fixed  by  law,  validity.  19- 
1075. 

Creditor's  bill  as  reaching  claim  for 
salary    of    public    officer.     1914B-9o7. 

Debt  limit  exceeded  by  municipality  as 
defense  to  claim  by  official  for  fees 
or    compensation.     1914C-1219. 

Deputies,  contract  with  deputy  as  to  com- 
pensation,    validity.     1913A-904. 

— right  as  between  officer  and  deputy 
to    fee    or    allowance.     1918A-840. 

Distinction  between  "salary"  and 
"wages."     1917B-321. 

Division  of  fees  or  salary,  validity  of 
contract  to  divide.  1914D-820; 
1918E-294. 

Estoppel  to  deny  validity  of  statute  by 
accepting  compensation  thereunder. 
1917C-2S4. 

Exclusion  from  office  wrongfully,  earn- 
ings during  such  period  as  deductible 
from   salary    due.     1912D-897. 


712    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


PUBLIC  OFFICERS— Continued. 

Extortion  by  public  ofl5cer  through  ex- 
action of  unauthorized  fee.  1913D- 
453. 

Fees  or  compensation  paid  to  officer  il- 
legally or  by  mistake,  recovery.  13- 
351;    1915B-811. 

Full    salary     for     year    or     other     stated 
.  period,     right     of     officer    to     recover 
when    he    serves    for    less    than    such 
period.    '19120-682. 

Garnishment,  salaries,  fees,  etc.,  of  public 
officers  or  employees  as  subject  to. 
17-525. 

Increase  of  compensation  during  term, 
constitutional  prohibition  as  applica- 
ble where  new  duties  are  imposed 
on  officer  after  taking  office.  18- 
403. 

Interest  on  overdue  salary,  right  of  officer 
of  municipality  or  quasi-public  mu- 
nicipality   to    recover.     1914D-408. 

Leave  of  absence,  power  of  municipal 
authorities  to  grant  officer  or  em- 
ployee leave  with  pay.     1915B-796. 

Mileage  allowance,  "necessary  travel"  or 
"necessarily  traveled,"  meaning  as 
used  with  respect  to  allowance. 
1918D-934. 

Neglect  of  duty  as  affecting  right  of 
public  officer  to  salary.  1918B-435, 
452. 

Per  diem  compensation,  allowance  for 
Sundays.     1912C-807. 

— right    to    per    diem    for    time    in    going 
to  and  from  place  of  official  business. 
'     1915B-593. 

Third  person  as  liable  for  payment  for 
act  performed  within  scope  of  official 
duty  where  officer  has  fixed  com- 
pensation.    1913D-579. 

Two  compatible  offices  held  by  same  per- 
son, right  to  recover  compensation 
attached   to   each.     2-390. 

Witness  fees,  right  of  public  officer. 
19-168. 


9.    De  Facto   Officers. 

Appointment  by  de  facto  officer,  validity. 
1913C-1042. 

Compensation  of  office,  right  of  de  facto 
officer  where  there  is  no  other  claim- 
ant.    16-484;   1913B-643. 


PUBLIC  OFFICERS— Continued. 

Criminal  liability  of  de  facto  officer.  20- 
510. 

Equitable  relief,  right  of  de  facto 
officer  forcibly  dispossessed.  1913E- 
736. 

Judges,  validity  of  acts  of  de  facto  judge. 
12-208. 

Jury  commissioner  failing  to  properly 
qualify,  effect  as  to  acts  as  de  facto 
officer.     18-765. 

Officer  holding  over  after  expiration  of 
term,  validity  of  acts  as  de  facto 
officer.     5-462. 

Person  elected  or  appointed  under  un- 
constitutional statute  as  de  facto 
officer.     1915C-498. 

— under  constitutional  statute  as  de  facto 
officer.     12-965. 

Salary  paid  de  facto  officer  during  lat- 
ter's  incumbency,  right  of  de  jure 
officer  to  recover  from  de  facto  offi- 
cer.    12-894;   1916D-474. 

— state  or  municipal  liability  to  de  jure 
officer  for  salary  paid  de  facto  offi- 
cer. 4-673;  10-1093;  1917D-1137; 
1918B-916. 

Usurper  and  de  facto  officer,  distinction 
between.     1913C-1046. 


10.     Official  Bonds. 

Acts  wholly  outside  official  duty,  liability 
of  surety  on  bond  of  public  olHcer. 
6-919;    1912C-581;    1918C-1020. 

Amount  of  liability  of  surety  on  official 
bond.     12-436. 

Default  after  expiration  of  term,  liability 
of  surety.     1-383;   1912D-293. 

Directions  of  superior  officer,  liability  of 
postmaster  and  sureties  on  official 
bond   for   acts  pursuant   to.     17-1189. 

Duration  of  liability,  appointment  of 
officer  for  definite  term  where  law 
fixes    no    definite    term.     5-949. 

— extension  of  term  of  office  after  bond 
is   executed.     13-1066. 

Estoppel  of  surety  to  attack  validity 
of  appointment  or  election  of  officer. 
21-786. 

Failure  of  principal  to  sign  bond  as  af- 
fecting   liability    of    surety.     2-226. 

Fund  for  bonding  public  officers,  validity 
of    statute    establishing.     1918A-603. 


PUBLIC  PARKS— PUBLIC   SERVICE   COMMISSIONS. 


713 


PUBLIC  OFFICERS— Continued. 

Judgment  against  principal  as  evidence 
against    surety.     9-154;    1915D-401. 

Less  than  required  number  of  sureties, 
validity  and  effect  of   bond.     9-711. 

Limitation  of  actions,  right  to  maintain 
action  on  bond  where  statute  has  run 
with  respect  to  action  against  officer. 
1913E-1265. 

Neglect  or  omission  of  other  officer  as 
affecting  liability  of  surety  on  bond. 
2-170. 

Obligee  named  other  than  one  designated 
by  statute,  right  to  maintain  action 
on  bond.     3-456. 

Premium  payable  by  state,  county,  etc., 
validity  of  statute  providing. 
1913D-715. 

Release  of  surety,  bankruptcy  discharge 
as  affecting  liability  of  surety.     4-66. 

— validity  of  statute  providing  for  re- 
lease of  surety  from  liabilitv. 
1912A-73. 


PUBLIC  PARKS. 

See  Parks  and  Squares. 


PUBLIC  PAY  STATIONS. 

Duty   and   liability   of   telephone   company 
with   respect  to  pay  station.     1915D- 

1087. 


PUBLIC  PHYSICIAN. 

Epidemics,  right  to  recover  extra  compen* 
sation    for    services.     1915D-1196. 

PUBLIC  POLICY. 

See  Contracts. 

PUBLIC  PRINTING. 

Validity  of  statute  restricting  contract 
to  performance  within  state.  1913A- 
82;    1918B-958. 

PUBLIC  PROPERTY. 

Civilian  purchasing  or  receiving  in  pledge 
public  property  from  soldier  or  sailor, 
liability.     1918B-523. 


PUBLIC  PROPERTY— Continued. 

Depriving  public  property  of  use  for 
which  intended  as  taking  without  due 
process   of  law.     1915B-1139. 

Mechanics.'  liens,  right  to  on  public  prop- 
erty.    1914C-102. 

Religious  worship,  power  of  public  au- 
thorities to  authorize  or  prohibit  use 
of  public  property.     1914B-303. 

Special  assessment,  liability  of  public 
property  in  absence  of  express  statu- 
tory'provision.     16-886;   1917D-844. 


PUBLIC  PURPOSE. 

Gift  for  public  purpose,  as  distinguished 
from  benevolent,  educational  or  re- 
ligious purpose,  as  valid  charitable 
gift.     1914A-1215;   1918C-439. 


PUBLIC  RECORDS. 

See  Records. 

Admissibility  in  evidence  of  record  of 
physician's  death  certificate.  1918C- 
766. 

Recital  in  public  record  as  proof  of  age. 
1918E-266. 

PUBLIC  SAFETY. 

Commissioner  of  public  safety  as  mu- 
nicipal   officer.     1914D-1236. 

PUBLIC  SCHOOLS. 

See  Schools. 

PUBLIC    SECURITIES. 

See  Bonds. 

PUBLIC  SERVICE  COM- 
MISSIONS. 

Commutation  rates,  validity  of  order  of 
commission    regulating.     1917B-1153. 

Connections  between  public  service  corpo- 
rations, power  of  commission  to  compel. 
1915C-S50. 

Control  of  acts  of  commission  by  man- 
damus or  prohibition.  1914D-795; 
1916E-1044. 

Electric  wires,  power  to  prevent  main- 
tenance in  close  proximity.  1918B- 
847. 


714    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


PUBLIC  SEEVICE  COMMISSIONS— Con- 
tinued. 

Electrolysis,  power  to  regulate.  1916E- 
199. 

Eminent  domain  proceedings,  validity  of 
statute  conferring  jurisdiction  on 
commission.     I916C-420;    1917C-120. 

Extraterritorial  jurisdiction  of  public  ser- 
vice   commission.     1915B-734. 

Freight  rates,  matters  to  be  considered 
in  determining  reasonableness. 
1916A-8;   1918E-1216. 

Grade  crossings,  jurisdiction  to  make 
regulations  respecting.  1915C-1289j 
1918B-1056. 

Interstate  commerce,  statute  creating 
board  to  regulate  railroads  as  inter- 
ference.    1917A-975. 

Mileage  tickets,  validity  of  order  regu- 
lating manner  of  using.     1915A-1031. 

Municipal  regulation  of  public  utility  as 
reviewable  by  Public  Service  Com- 
mission.    1916E-1083. 

Mutual  company,  jurisdiction  of  commis- 
sion to  regulate.     I917B-497. 

Necessity  for  construction  or  extension 
of  public  utility,  validity  of  statute 
conferring  on  commission  power  to 
determine.     1916E-299. 

^-judicial  review  of  order  for  extension 
of    public    utility.     1916E-282. 

X^rtial  invalidity  of  statute  relating  to 
Public  Service  Commission.  1916D- 
38. 

Particular  class  of  service,  power  of  com- 
mission to  compel  carrier  to  furnish. 
1917B-1160. 

Railroad  commission,  exemption  of  cer- 
tain railroads  from  operation  of 
statute  creating  commission,  validity. 
1914A-1168. 

— ^partial  invalidity  of  statute  relating 
to  railroad  commissions,  effect. 
1916D-84. 

Eates  for  public  service  corporation,  va- 
lidity of  statute  conferring  on  com- 
mission power  to  fix.  14-614;  1917C- 
57. 

Sidetracks,  power  of  commission  to  com- 
pel railroad  to  build.  1915D-210; 
1918E-339. 

Sleeping-car  service  on  branch  line,  power 
of  commission  to  require.  1917E- 
9&2. 


PUBLIC  SERVICE  COMMISSIONS— Con- 
tinued. 

Stations,  erection  at  specified  place,  va- 
lidity of  order  requiring.  1914C- 
1171;  1918B-830. 

Sunday  train,  validity  of  order  requiring 
running.     1917B-1205. 

Switching  charges,  regulation  by  Public 
Service  Commission.     1914B-366. 

Test  order,  power  of  commission  to  make. 
1917E-791. 

Trains,  connections  with  other  roads, 
power  of  railroad  commission  to  com- 
pel railroad  to  make.     11-406. 

— extent  of  train  service,  validity  of 
regulation.     1917B-1217. 

— running  time  of  trains,  power  of  com- 
mission to  regulate.     1916D-1034. 

PUBLIC  SERVICE  CORPORA- 
TIONS. 

See  Public  Utilities. 


PUBLIC  SPEAKING. 

Prohibition     as     infringement    of    liberty 
of    speech.     15-10. 


PUBLIC  STATUTES. 

See    Statutes. 

PUBLIC  TRIALS. 

Right  of  criminal  court  to  exclude  per- 
sons from  courtroom.  9-111;  20-632; 
1917E-625. 

PUBLIC  URINAL. 

Construction  in  street  as  nuisance  or  as 
entitling  abutting  owner  to  compensa- 
tion.    1918D-906. 

PUBLIC  USE. 

Benefits  to  inhabitants  of  another  state 
a,s  constituting  public  use.  1915D- 
1226. 

Branch  line  of  railroad  as  public  use. 
1914C-64S. 

Cessation  of  public  use  as  affecting  rever- 
sion of  land  taken  under  power  of 
eminent   domain.     19-155. 


PUBLIC  UTILITIES. 


715 


PUBLIC  USE— Continued. 

Dam  and  reservoir  to  regulate  flow  of 
river    as    public    use.     1915A-1111. 

Devotion  of  appropriated  land  to  public 
use  within  reasonable  time,  necessity 
of.     1915B-993. 

Drainage  of  land  as  within  law  of  emi- 
nent domain.     20-272. 

Electric  power,  generating  and  distribut- 
ing as  constituting  public  use.  5- 
531;  7-750,  1191;  14-904;  21-364; 
1912D-1004. 

Irrigation  as  public  use  or  benefit.  1- 
188;   4-1174. 

Questioning  public  use,  right  of  defend- 
ant in  condemnation  proceedings. 
2-133. 

Spur  to  private  establishment  as  con- 
stituting public  use.  7-835;  13-1012; 
1912D-234. 

Temporary  logging  road  as  constituting 
public  use.     1918A-203. 

Water-power  for  mills  and  factories.  4- 
992;    10-1060. 

What  constitutes  public  use  for  which 
property  may  be  taken  by  eminent 
domain.  2-50;  4-1175;  14-903;  1912D- 
1002;  1914C-1037. 


PUBLIC  UTILITIES. 

Alteration  of  franchise  terms,  right  of 
third  person  who  may  derive  benefit 
from  franchise  to  public  service  cor- 
poration to  object.     1913D-1089. 

Building  restriction  or  restrictive  agree- 
ment as  binding  public  service  cor- 
poration.    1918B-591, 

±5usiness  competition  with  citizen,  right 
of  municipality  to  engage  in.  6- 
601;  1918B-106. 

Charges,  advance  payment,  right  to  re- 
quire by  other  than  carriers. 
1914D-119. 

Condemnation  of  property  for  other  than 
railroad  purposes,  loss  of  profits  or 
injury  to  business  as  element  of  dam- 
ages.    1918B-873. 

Connections  with  each  other,  power  of 
state  or  Public  Service  Commission 
to    compel.     1915C-850. 

Construction  or  extension,  determination 
of  necessity,  validity  of  statute  con- 


•PUBLIC  UTILITIES— Continued. 

ferring  power  on  Public  Service  Com- 
mission.    1916E-299. 

Contracts  between  public  service  corpora- 
tions, exclusive  interchange  of  busi- 
ness,  validity.     1914B-262. 

— price  or  rate  fixing  or  division  of 
trade  or  territory,  validity  of  con- 
tract,    6-157. 

Corporation  not  operated  for  profit  as 
public    utility.     1916D-899. 

Disposal  of  property  depriving  itself  of 
power  to  do  business,  power  of  public 
service    corporation.     1914C-1271. 

Domestic  purposes,  meaning  of  phrase 
in  franchise  or  charter.  1912B-620; 
1914D-562. 

Exclusive  interchange  of  business,  va- 
lidity of  contract.     1914B-262. 

Execution  sales,  injunction  against  salo 
of  property  of  public  service  corpo- 
ration.    1918C-225. 

— property  or  franchise  of  quasi-public 
corporation  as  subject  to  execution 
sale.     5-512. 

Fall  of  pole  or  wire,  liability  of  munici- 
pality for  injury  resulting.  1913E- 
379. 

Forfeiture  of  special  franchise,  necessity 
of  direct  proceedings.     1916B-179. 

Franchise  obligation,  court's  power  to 
compel  performance.     1914A-1244. 

— municipality's  right  to  compel  exercise 
of  franchise  which  it  has  granted 
for  performance  of  public  service. 
18-335. 

— relief  from  charter  obligation,  power 
of  municipality  to  relieve  by  ordi- 
•    nance.     1914D-1071. 

Gas  rates,  state  or  municipal  regulation. 
1917B-1026. 

Individual's  right  to  supply  public  utility. 
1914C-937. 

Minimum  charge  for  service,  right  of 
public  utility  corporation  other  than 
carrier  to  make.     1914D-455. 

Mortgages,  foreclosure  sale,  necessity  that 
property  be  sold  as  entirety  and 
without  right  of  redemption.  1913A- 
624. 

Municipal  corporation,  compensation  pay- 
able on  purchase  of  public  utility 
by    municipality.     1915B-1173. 


716    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


PUBLIC  UTIUTIES— Continued. 

— lighting  plant,  power  of  municipality  to 
construct    or    purchase.     1916B-523. 

— taxation  of  municipal  plant.  1918E- 
85. 

Mutual  telephone  company  operated  for 
benefit  of  members  as  constituting. 
1917B-497. 

Purchase  of  public  utility  by  munici- 
pality, value  of  franchise  as  element 
of    compensation.     1915B-1177. 

Quasi-public  corporation,  what  is.  18- 
1063. 

Sates,  change  by  state  or  public  commis- 
sion, right  of  city  which  has  fixed 
rates   to   object.     1913D-89. 

— minimum  rates,  validity  of  regulation 
fixing  rate  to  be  charged.     1916A-933. 

— power  of  courts  to  fix  or  regulate.  9- 
S23;  1916B-289. 

— public  service  commission  empowered 
to  fix  rates,  validity  of  statute  con- 
ferring power.     14-614;  1917C-57. 

Eeceiver's  certificates,  power  to  issue  in 
case  of  public  service  corporations. 
1913C-40. 

Statutes  regulating,  effect  of  partial  in- 
validity.    1916D-38. 

Steam  company  as  public  service  corpo- 
ration.    1915D-848. 

Streets,  impairment  of  constitutional 
right  of  public  service  corporation  to 
use  by  amendment  of  constitution. 
1914C-1287. 

Traffic  contract  between  railroads  which 
impairs  ability  to  serve  public,  valid- 
ity.    1915C-465. 


PUBLIC  WHARVES. 


PUBLIC  WORKS — Continued. 

Contractor's  bond,  liability  of  municipal- 
ity or  officer  for  failure  to  take  from 
contractor.     1917B-10S^. 

— right  of  one  furnishing  labor  or  mate- 
rial  to   sue   thereon.     1916A-75S,   773. 

Defective  plan,  liability  of  municipality 
for   injuries   resulting.     14-752. 

Gift  for  purpose  as  valid  charitable  gift. 
1914A-1218. 

Hours  of  labor,  constitutionality  of  stat- 
utory regulation.  1-46;  2-216;  9- 
208;  10-721;   1912A-773. 

Injuries  occurring  during  construction,  lia- 
bility of  municipal  corporation.  1- 
958. 

Labor  upon  material  to  be  used,  state 
regulation  as  interstate  commerce 
regulation.     3-309. 

— union  labor,  validity  of  statute  requir- 
ing work  to  be  done  by.     1915D-974. 

Letting  contracts,  bidding,  validity  of 
contract  designed  to  suppress  com- 
petition.    20-386. 

— control  by  courts  of  act  of  municipal- 
ity in  letting  municipal  contract. 
17-650. 

— patented  article,  right  of  municipality 
to  require  use  of.  3-745;  7-107;  8- 
396;    9-832;    10-709;    1915B-460. 

— readvertisement  where  bidder  fails  to 
comply  with  conditions  of  municipal 
contract  awarded  him  or  abandons 
work,   necessity   for.     1916D-11S9. 

Statutes  relating  to  public  works,  effect 
of   partial    invalidity.     1916D-76. 

Street   as   public   works.     11-594. 

United  States,  rights  with  respect  to  con- 
tracts.    1918E-5,  34,  36. 

Wage  rate,  validity  of  statute  or  ordi- 
nance fixing  minimum  wage.  1913B— 
990:    1915D-241. 


Liability    for    injuries    to    invitees    or    li- 
censees from  defective  wharf.    1916C-      Viiliat  are  public  works.     11-594 
150,  162. 


PUBLIC  WORKS. 

Aliens,     validity     of     statute     prohibiting 
employment.     1915B-1271;   1917B-293. 

Assignability  of  contract  for  public  work. 

1-855. 

Commissioner   of  public  works   as  munici- 
pal officer.     1914D-1236. 


PUBLISHERS. 

Publishing  newspaper  as  "trade." 
1201. 


1916A 


PUFFING  BIDDING. 

Vacation   of   sheriff's    sale    on    account   of 
chilling  or  puffing  bidding.     3-423. 


PULLMAN  CARS— QUANTITY. 


717 


PULLMAN  CARS. 

See  Sleeping-car  Companies. 


PUEC3HASER  FOR  VALUE— Continued. 

Person  taking  conveyance  of  realty  for 
pre-existing  debt  as  purchaser  for 
value.     1918A-112. 

PUNCHING     TIME-CLOCK.      Purchaser  of  chattel  for  pre-existing  debt 

as  purchaser  for  value.     1918A-455. 

Injury  while  running  for  purpose  as  acci- 
dent withiii  scope  of  employment. 
1916B-1308. 


PUNCTUATION. 

statutes,    punctuation     as    affecting    con- 
struction.    10-1083. 


PUNISHMENT. 

See   Sentence  and  Punislunent. 

Corporal  punishment  of  pupils,  right  of 
teacher   to   inflict.     12-353. 

Parent  and  child,  excessive  chastisement 
by    parent,    remedy    of    child.     1-131. 

Reasonableness  of  punishmoTit  nf  /.v:vi  v- 
parent  or  one  in  loco  parentis  as 
question  for  jury.     5-j.i7. 

PUNITIVE  DAMAGES. 

See  Damages. 


PURCHASER    PENDENTE 
LITE. 

Who   is  purchaser   pendente   Hte.     1918C- 
53,  81,  83,  86,  90. 

PURCHASER    WITHOUT 
NOTICE. 

Who  is  purchaser  without  notice.     1918D- 
150. 

PURE  FOOD  LAW. 

Adulteration,    construction   of   federal   act 
with  respect  to.     1915A-48. 

Federal  Pure   Food   and  Drugs   Act.     21- 
1323;   1915A-45. 


PURPORT. 


Distinction       between 
"tenor."    1914B-661. 


'purport"       end 


PUPILS. 

See  Schools. 


PURCHASER  FOR  VALUE. 

Antecedent  debt  as  consideration  consti- 
tuting grantee  or  mortgagee  pur- 
chaser for  value.     3-395. 


PUSH-CAR. 

Term  "car"  as  including  push-car.    1914D- 
48. 


PUTATIVE  WIFE. 

Life  insurance  policy  in  favor  of  validity. 
1915B-543. 


Q 


QUALITY. 


Implied  warranty  of  correspondence  with 
sample.     1917C-312,  338,  341,  343. 

Misrepresentation  of  quality  as  depriving 
owner  of  trademark  of  relief  for  in- 
fringement.    13-834. 

Validity  of  contract  exempting  seller 
from  liability  as  to  quality  of  article 
sold.     1912D-1080. 


QUANTITY. 


"About,"  meaning  with  reference  to  quan- 
tity.    1918D-693. 

Conclusiveness    of    statement    in    bill    of 
lading  as  to  quantity.     21-225. 

Mistake  in  quantity  of  land  as  ground  for 
rescission  of  sale.     4-52. 


718    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


QUARANTINE. 

Breaking  or  permitting  another  to  break 
quarantine,    liability    for.     1914B-413. 

Carrier  of  goods,  quarantine  regulations 
as  defense  for  failure  to  deliver  or 
transport  goods.     17-S80. 

Enforcement  of  regulations,  liability  of 
municipality,  board  of  health  or 
health  officers.     9-814;  16-737. 

Expenses  of  quarttntined  person,  liability 
of  municipality.     5-233. 

Passenger  accommodations,  duty  of  car- 
rier by  water  as  affected  by  quaran- 
tine regulations.     20-1021. 


QUARRIES. 

Independent  contractor,  person  employed 
in  connection  with  quarry  as  inde- 
pendent   contractor.     1918C-656. 

Municipal  operation  of  quarry  beyond 
city  limits.     7-521. 

Open  quarrying  not  included  under  reser- 
vation of  "mines  and  minerals."  2- 
639. 

Sliding  of  rock  and  earth  causing  injury 
to  servant,  liability  of  master.  7- 
301;    21-708. 

QUASI-PUBLIC  CORPORATIONS. 

See  Public  Utilities. 


QUESTIONS  OF  LAW  AND 
FACT. 

Accident  insurance,  compliance  with  terms 
of  accident  insurance  policy  as  to 
giving  notice  of  accident.  1914D- 
413. 

— voluntary  exposure  to  unnecessary  dan- 
ger under  terms  of  policy.  10-452; 
18-1126;  1916B-275. 

Accord  and  satisfaction,  delivery  and  re- 
tention of  check  as  constituting  satis- 
faction of  disputed  claim.     16-195. 

Act  of  God,  extraordinary  flood  as 
amounting  to  as  question  of  fact. 
1918A-1121. 

Assault,  degree  of  force  necessary  in  de- 
fense of  property  or  in  resisting 
trespass  as  question  of  fact.  1917D- 
299,  313. 


QUESTIONS  OF  LAW  AND  FACT— Con- 
tinued. 

— intent  to  commit  robbery  as  question  of 
law  or  fact.     1918A-419. 

Assumption    of    risk    arising    after    com- 
mencement   of    employment.     3-814. 
— lineman's  assumption  of  risk.     15-602. 

Baggage,  reasonable  time  for  passenger 
to  call  for  baggage  after  arrival  so 
as  to  terminate  liability  of  carrier 
as  such.     1915B-634. 

— ^what  constitutes  baggage  of  passenger. 
21-731. 

Bridges,  approach  to  bridge  as  part  of 
bridge.     1912B-795. 

Carrier  of  goods,  assent  of  shipper  to 
valuation  of  goods  fixed  by  contract 
as   question   of   fact.     1913D-98o. 

— delivery  of  goods  to  carrier  for  ship- 
ment as  delivery  to  purchaser.  20- 
1039;    1916A-1050. 

— reasonableness  of  time  for  removal  of 
goods  from  carrier's  premises  by  con- 
signee.    21-539;  1918E-1120. 

Carriers  of  passengers,  alighting  from 
moving  train  where  act  is  obviously 
dangerous,  as  contributory  negli- 
gence.    1-778;    17-1154. 

— assistance  of  passengers  to  board  or 
alight  from  train  as  duty  resting  on 
carrier.     13-598. 

— crossing  intermediate  track  between 
train  and  station,  contributory  negli- 
gence of  passenger  as  question  of  law 
or  fact.     14-26. 

— intoxicated  passenger,  dut^  of  carrier 
to  protect  passenger  as  question  of 
fact.     1912C-279. 

— nonplatform  side  of  train,  contributory 
negligence  of  passenger  in  alighting 
as  question  of  law  or  fact.  1914C- 
-604. 

Comparison  of  properties,  existence  of 
similarity  so  as  to  make  comparison 
of  value,  admissibility  in  evidence  as 
question  for  court.     1913D-582. 

Confusion  of  goods,  wrongful  confusion  as 
question    of   fact.     1913E-673. 

Dams,  negligence  of  owner  of  dam  across 
watercourse   as  cause   of  its  breaking 

""  as  question  of  law  or  fact.  1912  A- 
117. 

Deliverv  of  deed  as  question  of  law  or 
fact.     1914D-108. 


QUESTIONS  OF  LAW  AND  FACT. 


719 


QUESTIONS  OF  LAW  AND  FACT— Con- 
tinued. 

Dying  declarations,  admissibility  and 
weight.     8-539;   1914C-223, 

Employers'  liability  insurance  against  ac- 
cident to  employees,  fact  of  insurance 
as   question   for   jury.     9-323. 

Epileptic  insanity  in  criminal  cases.     18- 

428. 

Estoppel  in  pais  as  question  of  law  or 
fact.     1913A-1072. 

Executor  de  son  tort,  whether  act  of 
intermeddling  charges  one  as  ques- 
tion of  law  or  fact.     1917E-22. 

False  imprisonment  as  question  of  law  or 
fact.     1912D-731. 

— delay  in  arraignment  of  prisoner,  rea- 
sonableness as  constituting  false  im- 
prisonment.    13-986. 

Fire  insurance,  cessation  of  operation  of 
plant  within  terms  of  fire  insurance 
policy.     10-802. 

— compliance  with  watchman  clause  in  fire 
insurance  policy.     21-848;   1917D-823. 

— materiality  of  warranty  regarding  in- 
cumbrances on  property  covered  by 
fire  insurance  policy.     15-342. 

Fires,  rebuttal  of  presumption  of  negli- 
gence arising  from  communication  of 
fire  by  railroad  engine.  1-818;  16- 
884. 

Foreign  law,  proof  as  properly  made  to 
court   or   jury.     1913D-256. 

Fraud  or  fairness  in  transactions  as  ques- 
tion of  law  dr  fact.     1912A-713. 

Fraudulent  intent  in  transfer  to  creditor 
in  excess  of  actual  debt.     1918E-722. 

Independent  contractor  or  employee,  rela- 
tionship as  question  of  law  or  fact. 
19-6;   1913B-574;   1918C-632,  672. 

Intention  of  parties  to  contract  not  re- 
duced  to  writing.     1913C-1310. 

Jeopardy,  former  jeopardy  as  question  of 
law  or  fact.     11-993. 

Landlord  and  tenant,  constructive  evic- 
tion resulting  from  overt  acts  of 
landlord  as  question  for  jury.  19- 
690. 

Libel  and  slander,  exemplary  damages,  al- 
lowance as  question  of  law  or  fact. 
14-823. 


QUESTIONS  OF  LAW  AND  FACT— Con- 
tinued. 

— jury's  power  to  determine  law  and 
facts,  construction  of  constitutional 
or  statutory  provision.     1915D-1261. 

— privileged  communication  within  law  of 
as  question  of  law  or  fact.     10-1152. 

— public  interest,  privileged  nature  of 
comment  on  matter  of.     1917B-431. 

Life  insurance,  sufficiency  of  proofs  of 
death  under  policy.     1913B-842. 

Malicious  prosecution,  advice  of  counsel 
as  defense  to  action  for  malicious 
prosecution  as  question  for  jury. 
1912D-425. 

• — belief  of  defendant  in  truth  of  charge 
made  against  plaintiff  as  question  of 
law  or  fact.     1912C-1043. 

Master  and  servant,  competency  of  ser- 
vant in  action  against  master  for  in- 
juries arising  from  servant's  negli- 
gence   as    question   for    jury.     1912C- 

102. 

■ — discharge  of  servant,  sufficiency  of 
ground  and  waiver  of  right  to  dis- 
charge as  questions  of  law  or  fact. 
19-879;  1916A-1040. 

— fellow-servants,  whether  employees  are 
as  question  of  law  or  fact.  1912D- 
75. 

— peace  officer,  liability  of  master  for  act 
of  servant  who  is  also  public  officer. 
17-639;  1913D-114. 

— regulations  of  master,  as  having  been 
abrogated  by  habitual  disregard. 
1912A-91. 

— rule  promulgated  by  master  for  guid- 
ance of  servant,  reasonableness  as 
question   of   law   or   fact.     1913C-187. 

— saw  operation,  contributory  negligence 
and  assumption  of  risk  of  servant  for 
injuries   incurred.     1913C-134. 

— scaffolding  for  use  of  servants,  negli- 
gence of  master  in  construction.  18- 
618;  1913B-1123. 

— sliding  rock  or  earth  injuring  servant 
in  trench,  quarry  or  other  excavation, 
negligence  of  master  as  nuestion  of 
law  or  fact.     21-716. 

— substitute  or  assistant  employed  by  ser- 
vant, liability  of  master  as  question 
of  fact.     4-444;  14-389;   1913C-792. 

Medicinal  or  toilet  preparation  containing 
alcohol,  character  as  question  of  fact. 
19170-913. 


720    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


QUESTIONS  OF  LAW  AlTD  FACT— Con- 
tinued. 

Mineral  or  nonmineral  character  of  public 
land.     1912A-1318. 

Mistake,  sufficiency  of  evidence  to  warrant 
submission  of  equitable  issue  to  jury 
as  to  mutual  mistake  requiring  refor- 
mation of  instrument.     19-361. 

Municipal  ordinance,  reasonableness  as 
question   of   law   or   fact.     1914B-204. 

Mutual  account,  what  is  as  question  for 
jury.     1913D-820. 

Necessaries,  whether  articles  furnished  to 
infant  constitute  necessaries.     14-687. 

Negligence,  attorney's  negligence  as  ques- 
tion of  law  or  fact.     1917B-11. 

— collision  on  highway,  negligence  and 
contributory  negligence  of  pedestrians 
and   vehicles   in   case    of.     1914A-250. 

— speed  of  railroad  train,  negligent  speed 
as  question  of  law  or  fact.  1914E- 
605. 

Nuisance  in  keeping  or  storing  explosives 
as  question  of  fact.     10-457. 

Obscenity  of  publication  as  question  of 
law  or  fact.     11-307. 

Original  or  collateral  nature  of  oral  prom- 
ise within  statute  of  frauds.  9-S95; 
1915B-257. 

Partnership,  notice  of  dissolution  of  part- 
nership, whether  duly  given  as  ques- 
tion of  fact.     9-244. 

Pledge  or  chattel  mortgage,  transaction 
as  question  of  law  or  fact.  1912B- 
964. 

Postoffice,  intent  to  defraud  by  use  of 
mails.     18-1047. 

Proximate  cause,  respective  functions  of 
court  and  jury  with  respect  to  ques- 
tion.    1913B-351. 

Public  policy,  province  of  court  or  of  jury 
to  determine  whether  contract  is  con- 
trary to.     11-124. 

Railroads,  abandonment  of  railroad  right 
of  way  as  question  of  law  or  fact. 
11-771. 

— coupling  cars,  contributory  negligence 
of  servant  in  failing  to  choose  safer 
of  two  ways.     15-995. 

f — crossing  in  front  of  train  or  engine 
standing  still  as  contributory  negli- 
gence.    15-732. 

1 — electric  bell,  failure  to  ring  at  crossing 
as    affecting    contributory    negligence 


QUESTIONS  OF  LAW  AND  FACT— Con- 
tinued. 

of  traveler  in  failing  to  look  and 
listen.     1918D-3S9. 

— electricity  as  motive  power,  negligence 
of  railroad  in  use.     21-753. 

— fencing  tracks,  failure  as  proximate 
cause   of   accident.     1912D-454. 

— flagman  at  crossing,  negligence  of  rail- 
road in  failing  to  maintain  in  absence 
of  statutory  duty.     17-983. 

— flying-switch,  making  as  negligence  as 
question  of  fact.     10-19. 

— light  burning  on  engine  or  car  in  pass- 
ing crossing,  failure  as  negligence. 
15-464. 

— signals,  negligence  of  railroad  toward 
person  on  track  at  place  other  than 
crossing  arising  through  failure  to 
sound  statutory  crossing  signals.  16— 
1112. 

• — station  grounds,  limits  under  fencing 
statutes  as  question  of  law  or  fact. 
11-22. 

■ — standing  or  walking  so  close  to  railroad 
track  as  to  be  injured  by  passing  train, 
negligence  as  question  of  law  or  fact. 
1912B-1244. 

— stop,  look  and  listen,  duty  of  traveler 
at  railroad  crossing  where  flagman  is 
stationed  as  question  of  fact.     10-420. 

Eesult  of  forces  acting  on  animate  human 

body    as    question    of     law    or    fact. 

1913E-938. 
Kobbery,    assault    with    intent    to    commit 

robbery   as    question   of   law   or  fact. 

1918A-419. 

Sales,  reasonableness  of  time  in  which 
goods  are  returned  under  contract  of 
"sale  or  return."     14-331. 

— waiver  by  seller  of  right  to  reclaim 
goods  for  breach  of  condition  to  pay- 
cash  on  delivery  as  question  of  fact. 
11-549. 

Streets  and  highways,  driver  of  vehicle 
and  person  working  in  street,  ques- 
tion as  to  negligence  between.  1912A- 
849. 

— law  of  road,  negligence  of  vehicles  in 
violating  as  question  of  fact.  1913A— 
S37. 

— municipal  negligence  in  maintaining 
slight  depression  or  difference  in  grade 
in  sidewalk  from  which  injuries  re- 
sulted.    20-801. 

— notice  to  municipality  of  defect  ia 
street  or  highway.     1913A-695. 


QUIET  ENJOYMENT— QUOTIENT  VERDICTS. 


721 


QUESTIONS  OF  LAW  AND  FACT— Con- 
tinued. 

— place    of   accident,   sufficiency   of   notice 
with    respect    to    description.     18-998. 

Time  in  contracts  as  governed  by  solar  or 
standard  measure.     9-330. 

Warehousemen,   loss   of   goods   by   fire   as 
due   to   negligence.     19-245. 

Weapon  as  constituting  "deadly  weapon." 
1912A-1329. 


QUIET  ENJOYMENT. 

Covenant  in  deed,  breach  by  showing  un- 
divided interest  in  tenant  in  common. 
1913B-847. 

Implied  covenant  in  lease.  I917C-615, 
620,  625. 


QUIETING  TITLE. 

Constructive  service  on  nonresident  or 
unknown  owners  of  land,  validity  o£ 
statute  providing.     1914D-677. 

Cross-bill  in  suit  to  quiet  title,  right  to 
affirmative   relief.     1917D-674. 

Decedent's  real  estate,  right  of  personal 
representative  to  maintain  action  to 
quiet  title.     1913A-996. 

Equitable  title  holder,  right  to  maintain 
action  to  quiet  title  against  holder 
of  legal  title.     1913B-89. 

Execution  issued  by  creditor  after  debt 
has  been  paid,  right  of  debtor  to 
maintain  action  to  remove  cloud  on 
title.     19-3€9; 

Inconsistent  defenses  in  action  to  quiet 
title.     1917C-734. 

Judgments  or  decrees  sufficient  to  consti- 
tute  cloud   on  title.     7-334. 

Jury  trial,  right  to  in  action  for  quiet  en- 
joyment.    3-248;   18-245. 

Limitation  of  action,  running  of  statute 
against  action.     20-43;   1917A-661. 

Personalty,  right  to  bring  equitable  action 
to  quiet  title.     1914B-344. 

Possession  by  agent  or  tenant,  sufficiency 
to  enable  principal  or  landlord  to 
maintain   suit.     lS-860. 

Purchaser  at  judicial  or  execution  sale, 
right  to  bring  suit  to  quiet  title. 
1913B-3,S0. 

Index  to  Notes — 46 


QUIETING  TITLE — Continued. 

Bestrictive  covenant  in  deed  as  cloud  on 
title,  power  of  court  of  equity  to  can- 
cel.    1912A-765. 

Special  assessment  lien  as  cloud,  right  to 
maintain  action  to  remove.  1914A- 
888. 

Strangers,  instrument  executed  by  stranger 
to  title  aa  constituting  cloud.  1912C- 
834. 

Support  of  grantor,  conveyance  condi- 
tioned therefor  as  subject  to  action 
to  quiet  title  on  breach  by  grantee. 
12-901. 

Tax  title,  reimbursement  of  purchaser  of 
invalid  title  as  condition  precedent  to 
relief.     16-803. 

Title  or  possession  at  time  of  commence- 
ment of  action,  necessity  that  plain- 
tiff in   action   allege.     1913D-386. 

Writ  of  assistance  to  enforce  decree  for 
possession.     1915B-1095. 


QUITCLAIM  DEEDS. 

Interests  and  rights  of  grantor  which 
pass  by  quitclaim  deed.     1913C-363. 

Precedence  of  recorded  quitclaim  over 
prior  unrecorded  conveyance.  S-1095; 
19-320. 


QUORUM. 


Corporations,  legality  of  action  by  major- 
ity of  quorum  of  corporate  directors. 
13-786. 

— stockholders'  meeting,  effect  of  breaking 
quorum  after  due  organization. 
1912C-1272. 

Grand  jury,  number  necessary  to  consti- 
tute quorum,     1912C-30. 

Judges,  number  necessary  to  transact  busi- 
ness of  court.     1912A-1251. 

Municipal  council,  legality  of  action  by 
majority    of    quorum.     1916E-274. 

Unanimous  vote  of  those  present  consti- 
tuting quorum  as  satisfying  require- 
ment that  certain  vote  be  unanimous. 
1913E-1295. 


QUOTIENT  VERDICTS. 

Validity    of    chance    or    quotient    verdict. 
16-910;  1917C-1224. 


722    INDEX  TO  THE  NOTES,  1j  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


QUO  WARRANTO. 


Burden   of   proof  in  proceedings. 
467. 


1917B- 


Corporations,  proper  parties  defendant  in 
proceeding  against.  1913A-570;  1918D- 
228. 

— ^usurpation  of  office  in  private  corpora- 
tion, remedy  as  extending  to.  1915A- 
1145. 

Drainage  district  organization  as  subject 
to  test  by  quo  warranto.  1915C-29, 
34. 

Election  contest  and  quo  warranto  proceed- 
ings contrasted.     1913C-161. 

Extraterritorial  performance  of  official 
acts,  quo  warranto  as  remedy  against 
public  officer.     1914C-328. 

Pine  or  judgment  for  damages  as  imposable 
in  proceeding.     1913D-942. 

Governor  as  subject  to  writ  to  try  title  to 
office.     3-393;  11-620;  1913B-789. 

Information  in  quo  warranto,  necessity  of 
alleging  legal  existence  of  office  in 
question,     5-691. 

Intoxicating  liquors,  propriety  of  quo  war- 
ranto to  test  right  to  sell  under  license 
18-526. 


QUO  WARRANTO— Continued. 

Joinder  of  parties  in  proceeding.  1918D- 
214. 

Jury  trial,  right  in  quo  warranto  proceed- 
ings.    5-640;  1914B-236. 

Leave  of  court  to  prosecution  of  quo  war- 
ranto, necessity.     6-912;  1915C-392. 

Limitation  statute  or  doctrine  of  laches  as 
applicable  to  proceedings.     1914C-48S. 

Military  officers,  validity  of  commissions  as 
determinable  in  quo  warranto  proceed- 
ings.    17-448. 

Municipal  corporations,  quo  warranto 
against.     8-322;   21-1125. 

Private  individual's  right  to  file  informa- 
tion in  nature  of  quo  warranto  to  try 
title  to  office.  6-463 ;  13-1063 ;  1915D- 
1154. 

Ees  judicata,  what  constitutes  former  ad- 
judication in  proceedings  to  try  title 
to  office.     1913C-67L 

Taxpayer's  remedy  in  matters  of  levy  or 
expenditure  of  taxes.     1913C-909. 

—trial  of  title  to  office,  right  of  taxpayer 
to  maintain  action.     1915D-1154. 

Termination  of  office,  effect  upon  proceed- 
ing to  try  title  to  office.  11-1170; 
1913C-1303. 


R 


RACE. 

See  Clilnese;  Indians;  Negroes. 

Argument  of  counsel,  appeal  to  race  preju- 
dice as  misconduct.  1913D-1167; 
1917A-944. 

Carriers  of  passengers,  interstate  passen- 
gers, statute  requiring  separation  of 
races  as  applicable.     1915B-617. 

— passenger  compelled  to  ride  in  ear  de- 
signed for  persons  of  another  color  or 
race,  right  to  damages.     1913E-520. 

— regulation  of  carriers  separating  races, 
validity.     20-982. 

— statute  or  ordinance  providing  for  sepa- 
ration of  white  and  colored  passengers, 
validity.     7-274. 

Competency  of  employee  as  affected  by 
color  or  race.     1912C-96. 


RACE — Continu  ed. 

Evidence  admissible  to  show  race  to  which 
person  belongs.  1914A-461;  1916E- 
305. 

— declarations  as  evidence  of  race  to  which 
person  belongs.     1914A-462. 

Intoxicating  liquors,  distinction  between 
races  with  respect  to  granting  liquor 
license  or  otherwise,  validity  of  stat- 
ute.    1916E-170. 

Jury,  prejudice  against  race  or  color  of 
party  to  action  as  disqualifying  juror. 
1912B-969;   1917C-1167. 

Laundry   business,    validity   of   regulatory 

laws     discriminating    between     races. 

21-981. 
Public    accommodations,    statutes   securing 

equal  rights.     9-69;  1912B-860;  1915B- 

872;   191SD-1143. 


RACEWAY— RAILROADS. 


723 


1LA.CE — Continued. 

Seal  property,  right  to  enjoin  owner  from 
selling  or  offering  to  sell  to  colored 
persons.     1914B-826. 

IBesidential  districts,  segregation  of  per- 
sons in  different  districts,  validity  of 
statute  or  ordinance  providing. 
1915B-964;  1916E-1157;  1917B-155; 
1917D-1127;  1918A-1207. 

Schools,  separation  of  white  and  colored 
pupils  for  purposes  of  education.  13- 
342. 


RACEWAY. 

•Grant  of  water-power  in  connection,  con- 
struction of  grant.     1916D-1014. 


RAILING. 

Absence  as  proximate  cause  of  injury  on 
highway.     2-180. 

RAILROAD  COMMISSION. 

See  Public  Service  Commissions. 


RAILROADS. 

1.  In  General. 

2.  Characteristics,  Powers  and  Contracts. 

3.  Construction  and  Equipment  Grenerally. 

4.  Location  and  Right  of  Way. 

A.  Generally. 

B.  Eight  op  Wat. 

C.  Location. 

D.  Acquisition  of  Land. 

^.  Bridges,  Cattle-guards  and  Fences. 

6.  Stations  and  Depots. 

7.  Statutory  or  Municipal  Regulation. 

8.  Injury  to  Property. 

9.  Injury  to  Persons. 

A.  In  General. 

B.  Persons  at  (Crossings. 

C.  Persons  on  Tracks  or  Right  or 

Way. 

D.  Persons  qjj  Trains. 

E.  Evidence. 

10.  Fires. 

See  Carriers  of  Goods;  Carriers  of  Live- 
stock; Carriers  of  Passengers;  Em- 
ployers' Liability  Acts;  Interstate 
Commerce;  Master  and  Servant;  Street 
UaUways. 


RAILROADS — Continued. 

1.    In  G«neraL 

Accident  insurance,  construction  of  ex- 
ception in  policy  in  case  of  accident 
to  insured  while  walking  or  being  on 
railroad.     12-44;   1913C-426. 

"Any  railroad,"  legal  meaning.  1916E- 
82. 

Appropriation  in  aid  of  railroad  as 
within  constitutional  provision  against 
giving  or  loaning  money  or  credit  of 
state   or   municipality.     1913C-1233. 

Burglary  of  depot,  ticket  office  or  round- 
house, description  in  indictment,  suffi- 
ciency.    1913D-875. 

Covenant  of  warranty  in  deed  as  breached 
by  existence  of  railroad  right  of  way. 
1912C-650. 

"Crime"  for  which  witness  may  be  im- 
peached, throwing  stones  at  railroad 
train  as  constituting.     1916A-277. 

Executions,  franchise  or  property  of  rail- 
road as  subject  to  sale.     5-512. 

— injunction  against  execution  sale  of 
property.    1918C-225. 

Federal  Employers'  Liability  Act,  employ- 
ees entitled  to  protection.  19140-164; 
1916E-472;  1918B-55,  70. 

— existence  of  relation  of  employer  and 
employee.     1918B-46. 

Foreign  railroad  cars,  liability  to  attach- 
ment or  garnishment.  2-349;  9-440; 
11-910. 

Free  ticket  to  employees  and  families, 
meaning  of  "family"  as  used  in  Inter- 
state Commerce  Act.     1916B-326. 

Gross  earnings,  what  are.     16-429. 

Independent  contractors  as  tested  by 
character  of  employment.  19-24; 
1918C-657. 

Mechanic's  lien  laws,  applicability  to  rail- 
roads.    7-269;    9-309;    1913C-95. 

Mine  owner,  right  to  construct  railroad, 
after  severance  of  surface  and  min- 
eral estates.     1913B-110S;   1918B-552, 

Municipal  bonds  exchanged  for  stock  of 
railroad  as  violation  of  statute  pro- 
hibiting sale  at  less  than  par.  1913E- 
86. 

Obstruction  of  highway  crossing,  act  of 
third  person  as  defense  to  charge 
against   railroad.     16-589. 


724    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


BAILBOADS — Continued. 

Ownership  of  rolling-stock  as  evidenced 
by   name    on   property.     1915D-354. 

Park  or  public  square,  right  to  use  for 
railroad  purposes.     21-689. 

Process,  agent  soliciting  business  as 
within  statute  for  service  of  process 
on  foreign  corporation.     1914D-988. 

— service  on  railroad  in  hands  of  receiver. 
1915B-597. 

"Profits,"  legal  meaning  of  word.     20-689. 
— net    earnings    distinguished.     20-691. 

Receivership  operation,  burden  of  proof 
in  action  against  receiver  that  he 
was  operating  railroad  at  time  in 
question.     1913A-535. 

— violation  of  injunction  against  railroad 
by  receiver  as  criminal  contempt.  3- 
29. 

— wages  as  preferred  claims  against  as- 
sets in  hands  of  receiver.     3-707. 

"Require,"  legal  meaning  in  statute  relat- 
ing to  free  transportation  by  railroad. 
1912A-1238. 

Special  assessment  of  right  of  way  for 
street   improvements.     2-5S'7;    12-635. 

Street  railway  as  including  railway  built 
below  or  above  street.     19-260. 

Taxation,  exemptions,  property  of  railroad 
included  under  general  exemption. 
4-1203. 

— ^income  taxes,  as  affecting  railroads. 
1913C-1007. 

— right  of  way  and  roadbed  situate  in 
more  than  one  taxing  district.  18- 
716. 

— rolling-stock,     situs     for    taxation.     10- 

356. 
— statute  relating  to  taxation  of  railroads, 

effect    of    partial    invalidity.     1916D- 

91. 

— valuation  of  property  for  purpose. 
1916E-1180,  1196,  1198,  1201;  1917E- 
110. 

Terminal   company,  what  is.     1915D-1247. 

Ticket  seller  as  "dealer."     1917A-961. 

Timber  on  public  lands,  rights  of  railroad 
company.     1917A-10. 

"Trade,"  business  of  operating  railroad 
as  trade.     1916A-1201. 

Train-sheet  of  railroad  as  evidence. 
1912B-372. 


BAHiBOADS — Continued. 

Workmen's  Compensation  Act  as  appli- 
cable to  employees.  1914D-663; 
1916A-821;  1917D-27,  1148;  1918B- 
664. 


2.  Characteristics,  Powers  and  Contracts. 

Business  incidental  to  main  business,  what 
railroad  company  may  conduct.  4- 
910;  13-293. 

"Car,"  what  is  included  in  term.  1914D- 
45. 

Commercial  railroads  and  street  railways, 
distinction  between.  4-449;  1913C- 
579. 

Defects  in  roadbed,  tracks  or  bridges,  lia- 
bility of  lessor  road  for  injuries  dur- 
ing lessee's   operation.     2-864. 

Exclusive  facilities  to  express  company, 
right  to  grant.     13-1079. 

Individual's  right  to  supply  railroad  ser- 
vice.    1914C-93S. 

Lease  of  railroad,  liability  of  lessor  for 
negligent  or  illegal  operation  by 
lessee.  2-861;  6-869;  8-120;  10-350; 
1915D-996. 

— ^pleading  in  action  against  railroad  for 
damages  by  its  lessee.     9-682. 

Parallel    or    competing    lines,    what    are. 

1913A-638. 
Public    works,    railroads    as    constituting. 

11-596. 

Quasi-public  corporations,  railroad  corpo- 
ration  as.     18-1064. 

Relief  departments  as  within  corporate 
powers.     &-11,   807. 

Sale  of  railroad,  liability  of  purchaser  on 

personal  contracts  of  old  corporation. 

6-S5. 
Subscription   to   railroad   stock,   alteration 

of     charter     as    releasing     subscriber. 

1918A-79. 

Traffic  contract  between  railroads  which 
impairs  ability  to  serve  public,  valid- 
ity.    1915C-465. 

3.  Construction  and  Equipment  Generally. 

Automatic  couplers,  vehicles,  cars,  etc., 
within  statute  requiring  equipment. 
1913A-949. 

Bells,  automatic  device  for  ringing  bell, 
validity  of  statute  requiring  railroads 
to    equip   locomotives.     1914D-1289. 


EAUiEOADS — Continued. 


RAILROADS. 

EAILEOADS— Continued. 


725 


"Complete"  or  "completed,"  meaning  as 
applied  to  railroad.     1916D-1232. 

"Equipment,"  meaning  of  term  in  contract 
or  statute.     1913B-198. 

Federal  Safety  Appliance  Act,  construction 
in  reference  to  keeping  couplers  in 
repair.     14-239. 

— when  car  is  engaged  in  interstate  com- 
merce within  meaning  of  act.    21-390. 

Motive  power,  right  to  use  electricity. 
5-53. 

Plant,  rolling-stock  as  included  in  term. 
1917A-321. 

Safe  and  adequate  equipment,  mandamus 
to  compel  railroad  to  maintain.  12- 
369. 

Telegraph  or  telephone  service,  duty  to 
maintain.     18-108. 

Train,  what  constitutes  within  federal 
Safety  Appliance  Act.     1915C-671. 

4.  I<ocation  and  Bight  of  Way. 

A.    Generally. 

Adverse  possession  of  railroad  property, 
what  constitutes  notice  to  company. 
1917A-1274. 

Branch  line,  right  to  condemn  land  for. 
1914C-648. 

Dower  in  land  conveyed  to  or  condemned 
by  railroad,  right  to.     21-491. 

Municipality's  right  to  condemn  railroad 
property  for  municipal  purposes. 
1913E-163. 

Removal  of  railroad  from  streets,  estoppel 
of  municipality  to  compel  by  acquies- 
cence in  construction  of  road.  11- 
295. 

Roadway,  meaning  of  term.     1918D-72S. 

Spur-tracks,  municipality's  right  to  con- 
demn land  to  connect  municipal  works 
with   railroad.     1912B-382. 

— private  establishments,  right  of  rail- 
road to  condemn  land  for  spur-track, 
7-835;    13-1012;    1912D-234. 

Street  laid  out  across  right  of  way,  dam- 
ages recoverable   by  railroad.     15-14. 

Switch  connections,  right  to  damages  for 
deprivation  by  change  of  railroad 
grade.     1914C-273. 

"Tra-^k,"  meaning  as  applied  to  railroad. 
1918E-233. 


Tracks  in  street  without  paying  or  secur- 
ing compensation,  right  of  abutting 
owner  to  enjoin  laying.  13-23;  1913 E- 
874. 

B.    Right  of  Wat. 

Abandonment  of  right  of  way,  circum- 
stances establishing.     11-769. 

Adverse  possession  or  prescription  as  af- 
fecting acquisition  of  title  to  lands 
within  right  of  way.  2-718;  lO-lOOl; 
1916D-1186. 

Agreement  between  parties  at  time  of  ex- 
ecution of  deed  to  railroad  for  right 
of  way  or  depot  purposes,  admissi- 
bility of  parol  evidence  to  show.  17- 
863. 

Damages  caused  by  construction  of  road 
to  land  through  which  it  has  ac- 
quired right  of  way,  liability  for. 
19-335. 

Estate  or  interest  in  land  purchased  for 
right  of  way.  6-242;  13-432;  1916E- 
763. 

Frauds,  statute  of,  transfer  to  railroad  of 
right  of  way  across  land  as  within 
statute.     1912D-9S1. 

Implied  license  to  use  railroad  right  of 
way.     20-141. 

Land  beyond  right  of  way,  liability  of 
railroad  for  damages  for  taking  or 
injuring.     19-340. 

Land  owner's  right  of  way  over  railroad 
right  of  way  across  his  land.  1915C- 
1192;    1917A-500. 

Partition  of  land  occupied  as  right  of 
way,  right  to.     1914A-393. 

E-elocation  of  tracks  on  any  part  of  right 
of  way,  right  of  railroad  company. 
7-1033. 

Special  assessment  of  right  of  way  for 
street  improvement.  2-587;  12-635; 
1916E-579. 

Telegraph  and  telephone  companies,  con- 
demnation of  railroad  right  of  way, 
power  under  state  statutes.  1917B- 
689,  705,  707. 

— damages  payable  to  railroad  for  inter- 
est acquired  in  right  of  way.  1-741; 
20-723. 

— federal  act,  compensation  for  construc- 
tion of  telegraph  line.     1-533. 


726    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


BAILBOADS — Continued. 

Use  of  right  of  way  or  station  grounds 
by  private  individual,  right  of  com- 
pany to  permit.     1912A-180. 

What  is  included  within  term  "right  of 
way."     1918D-1040. 

C.    Location. 

"At,"  location  of  road  or  facilities  as 
governed  by  use  of  term  "at"  in 
contract  or  statute.     1912B-1075. 

Change  of  location,  power  of  railroad  to 
make.     7-1032;  9-58. 

Contract  for  location  of  railroad,  validity. 
15-637. 

Judicial  notice  of  location  of  railroad. 
12-938. 

"Locate,"  or  "located,"  meaning  of 'terms. 
1912C-1309. 

"Near,"  meaning  of  word  with  respect  to 
location  of  railroad.     1913r)-llS. 

D.    Acquisition  of  Land. 
Adverse  possession,   right  of   company   to 
acquire  title  by.     1915C-772. 

Eminent  domain,  conflicting  condemnors, 
priority  of  right  to  land.     9-689. 

— crossing  of  tracks  by  another  railroad 
or  street  railway,  right  to  compensa- 
tion.    7-837;    14-216. 

— danger  of  injury  to  persons  or  livestock 
as  element  of  damage  to  land  by 
construction  of  railroad.  11-967;  19- 
929. 

— loss  of  profits  or  injury  to  business  as 
element  of  damages  in  condemnation 
proceedings  for  railroad  purposes. 
1918B-869. 

— quantity  and  location  of  property  taken 
as  matter  of  discretion.     2-947. 

— water  over  which  right"  of  way  is  con- 
structed, right  to  condemn.  I916E- 
1215. 

Interest  acquired  in  land  by  condemnation 
for  railroad  as  easement  or  fee.  20- 
572;  1918A-810. 

Land  not  within  right  of  way  but  ac- 
quired for  railroad  purposes,  acquisi- 
tion of  title  by  adverse  possession  or 
prescription.     21-163. 

Passes  in  consideration  of  conveyance  of 
land,  validity  and  construction  of 
agreement  to  give.     21-597. 


BAILBOADS — Continued. 

Public  use  supporting  condemnation  pro- 
ceedings, use  for  railroad  purposes  as.- 
14-905;  1912D-1005. 

Eeversion  of  land  taken  under  power  of 
eminent  domain  when  public  use 
ceases.     19-157. 


5.    Bridges,    Cattle-guards   and   Fences^ 

Bridges. 

Approach  at  railroad  as  part  of  bridge- 
over    street    or    highway.     1912B-79o. 

Public  canal  or  waterway,  duty  of  rail- 
road to  construct  at  own  expense^ 
1912D-1036. 

Repair  of  bridge  within  municipal  limits^ 
power  of  municipality  to  compel  fail- 
road  to  repair.     1916C-1171. 

Feneeg. 

"Adjacent,"  meaning  of  term  as  applied' 
in  statutes  relating  to  fencing  rail- 
road property.     1913B-172. 

Constitutionality  of  statutes  requiring 
railroads  to  construct  fences  and  cat- 
tle-guards.    3-182. 

Depot  or  station  grounds  as  within  pur- 
view of  statute  requiring  railroad  to- 
fence   tracks.     11-20;    1912D-62S. 

Duty  of  railroad  to  fence  its  right  of  way- 

as    including    duty    to    fence    against 

adult  persons.     20-1216. 
— children,     fencing     against     as     within- 

purview  of  statutory  duty  of  railroad, 

13-187. 

Failure  as  proximate  cause  of  accident 
as  question  of  law  or  fact.  1912D— 
454. 

Repair  of  right  of  way  fence,  care  re- 
quired of  railroad  as  to  keeping  in  re- 
pair.    11-430. 

Violation  of  statute  or  ordinance  requir- 
ing railroad  to  fence,  not  intended 
for  plaintiff's  benefit,  as  actionable 
negligence.     9-430;    1912D-1107. 


6.    Stations  and  Depots. 

Contract  to  erect  depot,  measure  of  dam- 
ages  for   breach.     4-999. 

— specific  performance  of  contract  t<y 
erect  depot  or  station.  14-478; 
191SD-1085. 


RAILROADS. 


.727 


BAIIiBOADS — Continued. 

— validity  of  contract  to  erect  and  main- 
tain station.  14-441;  1914A-245; 
1915D-277. 

"Depot,"  legal  meaning  of  term.  1917A- 
1283. 

Establishment  and  maintenance  of  depot 
in  every  incorporated  city,  town  or 
village  through  which  road  passes, 
validity  of  statute  requiring.  1912A- 
227. 

Exclusive  privileges  on  depot  grounds, 
right  of  railroad  to  grant.  2-190; 
14-494;   1918A-702. 

Lighting  stations,  duty  of  railroad.    7-969. 

Moving  station  from  one  location  to  an- 
other, right  of  private  individual  to 
enjoin.     1914A-691. 

Naming  stations,  right  of  Public  Service 
Commission  to  regulate.     1914A-831. 

Place  of  erection  of  depot,  validity  of 
order  by  railroad  commission  requir- 
ing erection  at  specified  place.  1914C- 
1171. 

Statute  relating  to  depots,  ettect  of  par- 
tial  invalidity.     1916D-85. 

Use  of  station  grounds  by  private  indi- 
vidual, right  of  railroad  company  to 
permit.     1912A-180. 

"Waiting-room  at  junction  of  two  rail- 
roads, duty  to  provide  and  keep  open. 
18-211. 


7.    Statutory  or  Municipal  Begulation. 

Boards  or  commissions  to  regulate  rail- 
roads, validity  of  statutes  creating. 
7-6. 

Boiler  inspection,  construction  of  federal 
act.     1918C-584. 

Crossings  at  new  highways  without  com- 
pensation, validity  of  requirement  that 
railroads  shall  construct  and  main- 
tain.    8-1056;   20-1208. 

Cruel  and  unusual  punishment  for  viola- 
tion of  statute  regulating  railroads. 
19-731. 

Employers'  liability,  employees  entitled  to 
protection  under  federal  act.  1916E- 
472;   1918B-55. 

• — relation  of  employer  and  employee,  ex- 
istence under  federal  act.     1918B-46. 

Exemption  of  certain  railroads  from  oper- 
ation   of    act    creating    railroad    com- 


BAILBOADS — Continued, 

mission,   validity  of   statute.     1914A- 
1168. 

"Full  Crew  Act,"  validity  and  construc- 
tion.    1915B-162. 

Gates  or  flagmen  at  crossings,  power  of 
municipal  corporation  to  require  rail- 
road  company   to   maintain.     5-301. 

Grade  crossings,  abolition  by  municipality, 
validity  of  statute  authorizing.  1915A- 
76. 

— jurisdiction  of  Public  Service  Commis- 
sion to  make  regulation  respecting. 
1915C-1289;   1918B-1056. 

Hours  of  service,  construction  of  federal 
act.     191SC-797. 

■ — employees  within  purview  of  act.  1915D- 
456. 

Lights  at  street  crossings,  power  of  mu- 
nicipality to  require.     1912D-403. 

Minimum  wage  and  hours  of  labor,  regu- 
lation of  interstate  employees,  valid- 
ity of  statute.     1918A-1043. 

Side-track,  power  of  Public  Service  Com- 
mission to  compel  railroad  to  build. 
1915D-210;   1918E-339. 

— private   establishment,  validity  of  stat- 
ute  requiring   railroad  to   build  side- 
■  track  at  own  expense.     18-991. 

Solicitation  of  trade  or  business  on  prem- 
ises of  carrier  of  passengers,  validity 
of  statute  prohibiting.     18-867. 

State  regulation  as  .  interference  with 
interstate  commerce.  7-5;  13-147; 
1917A-973. 

Statutes  relating  to  railroads,  effect  of 
partial  invalidity.     1916D-84. 

Stopping  cars  at  certain  points,  power  of 
municipality  to  require.  17-552; 
1914D-1092. 

Streets  occupied  by  railroad,  right  of  city 
to  prohibit  railroad  using  them  for 
certain   purposes.     1913D-650. 

Switching  charges,  regulation  by  state  or 
railroad  commission.     1914B-366. 

Train  service  connections  with  other  roads, 

power     of     railroad     commission     to 

compel.     11-406, 
— extent  of  train  service  to  be  furnished 

by    railroad,    validity    of    regulation. 

1917B-1217. 


728    INDEX  TO  THE  NOTES.  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


BAILBOADS — Continued. 

8.    Injury  to  Property. 

Animal  on  track,  blowing  whistle  or  giving 
other  warning,  duty  of  railroad. 
1915B-462. 

— lookout  for  animals,  duty  of  railroad  on 
fenced  roads  or  where  no  duty  to 
fence   exists.     3-591. 

Assignability  of  cause  of  action  against 
railroad  company  for  negligent  killing 
of  domestic  animal.     7-502. 

Automobiles,  accidents  to  at  railroad  cross- 
ings.    1913B-680;   1915B-767. 

Barbed-wire  fence,  liability  of  railroad 
for  injury  caused  to  animals.  1913D- 
782. 

Dog  killed  by  railroad,  liability  for.  3- 
275;  20-918. 

Emergency,  liability  to  land  owner  for 
damage  resulting  from  railroad's  act 
in    emergency.     1915D-1105. 

Insurance  effected  on  adjoining  property, 
effect  on  rights  of  parties  of  statute 
giving  railroad  benefit  of.  1914A- 
1096. 

Interference  with  firemen  in  extinguishing 
fire,  liability.  6-630;  12-562;  1913D- 
766;    1915B-706. 

Livestock,  measure  of  damages  for  injury 

to.     5-^16. 
— ^partial  invalidity  of  statute  relating  to 

injury   to    livestock.     1916D-35. 

Penalty  for  failure  to  pay  for  injury  to 
animal  within  -specified  time,  validity 
of  statute  imposing.     17-632. 

Statute  relating  to  injury  to  stock  by  rail- 
road, effect  of  partial  invalidity. 
1916D-35. 

Surface  water  diverted  on  to  land  of  an- 
other, liability  of  railroad.  1914A- 
1292. 


.  9.    Injury  to  Persons. 

A.     Generally. 

Amending  complaint  in  action  against  rail- 
road for  personal  injuries  by  changing 
description  of  place  of  injury  as  in- 
troducing new  cause  of  action. 
1915B-219. 

Automatic  couplers,  failure  to  equip  cars 
as  negligence  per  se.     10-701. 


BATLBOABS — Continued. 

Blocking  frogs  and  rails,  crossings,  duty 
of  railroad  to  block  rails.    1913C-1265. 

— duty  to  block  frogs,  switches  and  guard- 
rails.    9-498;  14-696;  1916E-642. 

Collision  with  motorcycle,  right  of  action 
of  driver  of  latter.     1917A-224. 

Electricity  as  motive  power,  degree  of  care 
required  in  use.     3-258;   21-749. 

— trespassers  as  entitled  to  less  degree  of 
care    than    passengers.     3-260. 

Flying-switch,  making  as  negligence.  10- 
15;    1912D-342;    1915B-608. 

Hand-car  operation,  liability  for  injuries 
caused.     1916E-321. 

Loading  cars,  persons  loading  or  unloading 
cars  not  bare  licensees.  1-601;  12- 
119. 

Mail-crane,  location  near  track  as  action- 
able   negligence.     9-1002;    1916E-717. 

Mailing  letter,  person  visiting  station  to 
mail  letter  on  train,  duty  of  railroad 
company  to.     20-320. 

Misinterpretation  of  signal  by  employee 
as  negligence.     1915A-1265. 

Objects  thrown  or  falling  from  train,  lia- 
bility for  personal  injuries  caused. 
13-77;   1917D-540. 

Obstruction  to  view  of  approaching  train 
or  locomotive,  telegraph,  telephone, 
trolley  or  electric  light  poles  as  con- 
stituting.    20-295. 

Permanent  structure  close  to  tracks,  neg- 
ligence as  question  of  law  or  fact. 
7-331. 

Physician  or  surgeon,  liability  of  railroad 
or  steamship  company  for  negligence. 
1912B-935. 

Proximity  of  train  to  station  platform,  lia- 
bilitv  of  railroad  company  to  person 
injured  because  of.  21-1180;  1916A- 
139. 

Eunning  engine  or  train  backward  as  neg- 
ligence.    1913D-4. 

Signal  or  speed  statute  or  ordinance  not 
intended  for  plaintiff's  benefit,  viola- 
tion as  actionable  negligence.  9-i29; 
1912D-1107. 

Speed  of  train  as  negligence  in  absence  of 
prohibitory  statute.  7-9S8;  1914B- 
602. 


RAILROADS. 


729 


BAILROADS — Continued. 


— violation  of  speed  law  as  affecting  lia- 
bility for  injuries  to  trespassers.  5- 
1007. 

Torpedo,  injury  to  person  other  than  ser- 
vant, liability  of  railroad  company. 
1914C-1101. 

Turntable  doctrine,  care  required  in  opera- 
tion of  turntables  in  respect  to  chil- 
dren.    5-377;    8-866;    15-561. 

— ^jurisdictions  in  which  approved  or  dis- 
approved.    11-901,    990. 

— standing  cars,  application  of  turntable 
or  attractive  nuisance  doctrine. 
1912D-916. 

Violation  by  railroad  of  statute  or  ordi- 
nance as   negligence.     1912D-1106. 

Weather  conditions,  visibility  of  rolling 
stock  as  affected  by  state  of  weather. 
16-358;  191oB-413. 

Wrong  or  unusual  track,  running  train  on 
as  negligence.  19120-1058;  1917A- 
936. 

B.    Persons  at  Crossings. 

Negligence. 

Automobile  accidents  at  railroad  crossings. 
1913B-68Q;    19156-767. 

Blocking  crossing  unlawfully  by  cars,  lia- 
bility of  railroad  for  injury  at  cross- 
ing as  affected  by.     1915B-642. 

Dead  body  found  near  crossing,  there 
being  no  eye-witnesses  of  accident,  as 
justifying  inference  of  negligence  on 
part  of  railroad  company.     1912B-718. 

Extent  of  highway  crossing  which  railroad 
is  under  duty  to  maintain  in  safe  con- 
dition.    1918D-186. 

Flagman  at  crossing,  duty  to  warn  of  ap- 
proach of  trains.     11-51. 

— duty  of  railroad  to  maintain  in  absence 
of  statute.     4-294;    17-982. 

Gates  at  crossings,  duty  of  railroad  to 
maintain    and    operate.     3-449. 

— injury  caused  by  gate  at  crossing,  lia- 
bility  of  railroad.     1913B-800. 

Headlight  or  other  light  burning  in  pass- 
ing crossing,  failure  of  engine  or  car 
to  have  as  negligence.     15-463. 

Signals  at  other  than  grade  crossings,  duty 
to  give.     3-361;  4-952;   16-1234. 

— private  crossings,  duty  of  railroad  to 
give  signals.     21-568. 


BAHiBOADS — Continued, 

View  at  crossing  obstructed  by  trees,  etc., 
on  right  of  way,  negligence  of  rail- 
road in  allowing.     10-485. 

Stop,  Look  and  Listen. 

Electric  bell  or  similar  device,  presence  as 
excusing  traveler  from  duty  to  look 
and  listen.     1918D-388. 

Fire  apparatus,  duty  of  driver  to  stop,  look 
and  listen  before  crossing  railroad 
track.     7-352. 

Flagman  stationed  at  crossing,  duty  to 
stop,  look  and  listen.     10-418;  13-854. 

Gates  at  crossing  as  excusing  traveler 
from  duty  to  look  and  listen.  7-801; 
1914C-704. 

Knowledge  that  no  train  is  due  as  reliev- 
ing traveler  of  duty  to  look  and  listen. 
1914D-1075. 

Looking  just  before  crossing  track,  duty 
of  traveler  after  looking  both  ways 
on  approaching.     1914A-536. 

Seasonable  belief  that  no  train  is  ap- 
proaching as  relieving  traveler  of  im- 
putation of  negligence  per  se  in  fail- 
ing to  look  and  listen.  9-216;  1914D- 
1020. 

Contributory  Negligence. 

Cars  obstructing  crossing,  passing  behind 
train   as   negligence.     20-1094. 

Contributory  negligence  of  traveler  as  ex- 
cused by  railroad's  failure  to  give  stat- 
utory signals  on  approaching  crossing. 
6-78. 

Crossing  railroad  track  ahead  of  train 
known  to  be  approaching,  right  of 
traveler  to  recover  for  injuries  re- 
ceived.    21-1171. 

Federal  Safety  Appliance  Act,  contribu- 
tory negligence  as  defense  under  act* 
1914D-386. 

Flagman's  invitation  to  cross  as  affecting 
right  of  injured  party  to  recover  for 
collision   with   train.     21-1178. 

Frightened  or  unmanageable  team  as  ex- 
cuse for  contributory  negligence,  at 
crossing.     16-954. 

Gates  down,  crossing  track  as  negligence. 
1913C-1366. 

Passing  over,  under  or  between  cars  ob- 
structing crossing,  as  negligence.  12- 
593;  1912B-687;  1916A-511. 


730    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


BAUiKOADS — Continued. 

Eeasonable  belief  that  no  train  is  ap- 
proaching as  relieving  traveler  of  im- 
putation of  negligence  per  se  in  fail- 
ing to  look  and  listen.  9-216;  1914D- 
1020. 

Train  or  engine  standing  still,  crossing  in 
front  as  contributory  negligence.  15- 
732. 

Imputed  Negligence. 

Contributory  negligence  of  driver  as  im- 
putable to  occupant  of  vehicle.  3- 
703;  19-1225. 

Railroad  trains  as  subject  to  rule  of  im- 
putability  of  negligence  of  driver  to 
occupant  of  vehicle.     5-163. 

C.    Persons  on  Teacks  or  Right  of  Wat. 

Bridge  or  trestle,  injury  to  person  other 
than  servant  on  railroad  bridge  or 
trestle,  liability  of  railroad.  1914D- 
1210;  1916E-617. 

Children  trespassing  on  tracks,  duty  to 
anticipate  presence.  4-6'SO;  16-247; 
1916B-357. 

Frightening  horses  by  train  or  cars,  lia- 
bility for  personal  injury  caused.  3- 
1070;   10-302;    1913B-293. 

Headlights,  running  train  without  head- 
light as  negligence  toward  person  on 
track  at  place  other  than  crossing. 
1912A-153;   1918A-1181. 

Private  railroad,  duty  to  keep  lookout  for 
children  on  track  as  applicable. 
1914A-671. 

Signals,  failure  to  sound  statutory  cross- 
ing signals,  as  negligence  toward  per- 
son on  track  at  place  other  than  cross- 
ing.    16-1110. 

Speed,  running  train  in  violation  of  speed 
law,  lia'bility  of  railroad  for  injuries 
to  trespassers.     5-1007. 

Standing  or  walking  so  close  to  track  as 
to  be  injured  by  passing  train  as  neg- 
ligence.    1912B-1242. 

Stopping  or  leaving  vehicle  on  track  as 
negligence  precluding  recovery  for  in- 
juries.    1917C-1233. 

Suction  from  passing  train  causing  injurj' 
to  person  on  or  near  right  of  way,  lia- 
bility  of  railroad.     1918A-872. 

Trespass  by  traveling  along  railroad  right 
of  way.     2-548;  20-140. 


BAILBOADS — Continued. 

Working  on  track,  duty  of  person  to  look 
out  for  and  avoid  passing  trains,  8- 
332;   1913A-440. 


D.    Persons  on  Trains. 

Freight  train,  liability  of  railroad  com- 
pany to  person  wrongfully  riding 
thereon  by  direction  or  permission  of 
railroad  employee.     9-540;  1913EJ-575. 

Hand-car,  liability  of  railroad  company  to 
person  wrongfully  riding  thereon  by 
permission  or  direction  of  railroad  em- 
ployee.    9-541;  1913E-577. 

Locomotive,  person  riding  on  by  permis- 
sion of  engineer,  liability  of  carrier 
for  injury  to.  9-541;  1913E-577; 
1916E-1081. 

Trespassers,  implied  authority  of  brake- 
man  to  eject.  2-624;  18-292;  1914A- 
598. 

— liability  of  railroad  for  injuries  received 
by  trespasser  riding  on  train.     21-697. 

— removal  from  trains,  liability  for  in- 
juries inflicted.     1-775;  13-591. 

Wrongfully  riding  on  train  by  permission 
or  direction  of  railroad  employee,  lia- 
bility of  company.  9-540;  1913E-574; 
1916E-1081;   1917C-358. 

E.      EVIDENCE. 

Habits  of  deceased  on  approaching  cross- 
ing, admissibility  of  evidence  in  ac- 
tion for  killing  at  railroad  crossing. 
191oB-226. 

Signals  by  locomotives,  negative  and  posi- 
tive testimony,  weight  of.  12-1035 j 
18-633;  1916A-163. 

Speed  of  train,  competency  of  nonexpert 
witness  to  testify  to.     1913A-187. 

— inference  from  distance  run  after  acci- 
dent and  efforts  to  stop.     15-948. 

— ^unreasonable  testimony  as  to  speed, 
withdrawal  from  consideration  of 
jury.     15-1194. 

Unreasonable  testimony  as  to  looking  or 
listening  for  approaching  train,  or  as 
to  its  speed,  withdrawal  from  con- 
sideration of  jury.  15-1192;  1917B- 
477. 

Weight  of  testimony  of  injured  person 
that  he  did  not  see  or  hear  train  ap- 
proaching crossing  when  evidence 
shows  he  must  have  seen  or  heard  if 
looking   Or  listening.     1912B-1133. 


RAILROAD  TRACK— RAISED  CHECK. 


731 


BATLROADS— Continued. 
10.    Rres. 

Absolute  liability  of  railroad  for  damage 
caused,  validity  of  statute  imposing. 
16-941;   1918A-632. 

Sailding  on  right  of  way  from  which  fire 
is  communicated  to  property  of  an- 
other, negligence  of  railroad  in  main- 
taining.    17-193. 

-Contributory  negligence  as  defense  in  ac- 
tion under  statute  making  railroad 
liable.     1914D-934. 

Double  liability  for  damage  by  fire,  valid- 
ity   of   statute    imposing.     19120-703. 

-Erection  of  building  near  railroad  track  as 
contributory  negligence  barring  re- 
covery for  injury  by  fire.     8-441. 

Evidence  in  action  against  railroad,  other 
fires  by  other  engines  to  prove  origin 
of  fires,  admissibility.  12-218;  21- 
1212. 

Exemption  from  liability  for  fire  com- 
municated to  property  on  right  of 
way,  validity  and  effect  of  contract. 
5-747;   12-499;   1914A-1206. 

Fire  line  along  right  of  way,  validity  of 
legislation  providing  for  construction. 
1915B-llo5. 

Insurance,  assignment  of  policy  to  rail- 
road, right  where  statutory  liability 
imposed  on  railroad.     1-886. 

— statute  giving  railroad  benefit  of  insur- 
ance effected  on  adjoining  property 
as  affecting  rights  of  parties.  1914A- 
1096. 

Licensee's  property  on  right  of  way,  lia- 
bility for  destruction  by  fire.  1915A- 
499. 

Permitting  combustibles  or  conducting 
farming  operations  on  premises  ad- 
joining railroad  right  of  way  as  con- 
tributory negligence  barring  recovery. 
13-1206. 

Personal  injury  resulting  from  sparks  or 
fire  set  by  engine,  liability  of  com- 
pany to  person  other  than  passenger. 
1918E-810. 

Presumption  of  negligence  arising  from 
comiminication  of  fire  by  railroad 
engine.     1-815;  16-882;  1913E-971. 

Proximate  cause,  negligence  of  company  as 
proximate  cause  of  damage  by  fire  as 


BAILBOADS — Continued. 

affected  by  considerations  of  time  and 
distance   traveled   by   fire.     3-386. 

Servant  of  railroad  starting  fire  on  right 
of  way,  liability  for  injury  to  third 
person.     1914A-1102;    1917B-1054. 

Speed  of  train  as  admissible  in  evidence 
in  action  against  railroad  company. 
1915A-990. 

Statute  relating  to  fires  set  by  railroad, 
effect  of  partial  invalidity.  1916D- 
54. 

Weather  conditions  as  affecting  negligence 
in  setting  fire  on  own  premises.    20- 

702. 


RAILROAD  TRACK. 

Meaning   of   term   as  used  in   statute    or 
ordinance.     1918E-237. 


RAILROAD  TRESTLE. 

Liability  of  railroad  for  injury  to  person 
other  than  servant  on  its  bridge  or 
trestle.     1914D-1210;    1916E-617. 


RAILROAD-YARD. 

Insufficiently    lighted    yard,    liability    of 
master  for  injuries  to  servant.     20-19. 


RAILS. 

street  railway,  right  of  city  to  regulate 
kind  to  be  used.     1913r)-699. 


RAILWAY  TRACK. 

Meaning   of    term   as   used   in    statute    or 
ordinance.     1918E-242. 


RAINFALL. 

Sewer  overflow  caused  by  excessive  rain- 
fall, liability  of  municipality.  4- 
1091;  14-174. 


RAISED  CHECK. 

Liability  of  bank  certifying.     1-633. 


732    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


RAPE. 

1.  Elements  of  Offense  and  Civil  Liability. 

2.  Indictment. 

3.  Evidence. 

4.  Conviction  and  PunisQuueiit. 

1.  Elements  of  Off^ise  and  Civil  Liability. 

Age  of  child,  ignorance  as  defense  to  pros- 
ecution.    21-1058. 

Assault  with  intent  to  rape  on  girl  under 
age  of  consent,  necessity  of  showing 
want  of  consent  in  prosecution,  u- 
354;   1913A-164. 

Consent  of  female  as  defense  to  civil  lia- 
bility for  rape  or  assault  with  intent 
to   rape.     1916A-249. 

Damages  in  civil  action,  inadequacy  or 
excessiveness   of   verdict.     I917E-135. 

— mitigation  of  damages  in  action  for  as- 
sault with  intent  to  commit  rape.  1- 
900. 

Emission  as  element  of  crime  of  rape. 
11-93. 

Husband's  rape  or  assault  to  rape  on  wife. 
13-498. 

Impotency  as  defense  to  charge  of  rape 
or  assault  with  intent  to  rape. 
1916D-535. 

Infant,  capacity  to  commit  rape.     11-1063. 

Intercourse  with  woman  of  unsound  mind, 
as  rape.     1912B-1049. 

Mock  marriage,  intercourse  by  consent 
secured  through,  as  rape.     1912C-131. 

E^sistance  necessary  to  establish  absence 
of  consent.     9-572. 

Sleeping  woman,  rape  on.    4-685. 

Woman's  capacity  to  commit  rape.  1913D- 
862. 

2.    Indictment. 

Age   of  accused,  necessity  of  alleging  in 
I  indictment.     5-111. 

Consent,  necessity  of  express  allegation  in 
indictment  that  act  was  done  against 
will  or  without  consent  of  female. 
9-417. 

"Feloniously,"  necessity  of  using  word  in 
indictment.     7-263. 


RAPE — Continued. 

Marital  relation  between  accused  and  pros- 
ecutrix, necessity  of  negativing  in  in- 
dictment.    16-902. 


3.    Evidence. 

Blood  stains,  law  of  evidence.     15-Sll. 

Complaints  of  injured  person  evidence  in 
actions  for  rape.     2-234;  11-99. 

Corroboration  of  prosecutrix,  necessity  and 
sufficiency.  6-771;  17-413;  1913D- 
660. 

— unrequested  instruction  as  to  necessity, 
effect  of  failure  to  give.     5-313. 

Familiarity  or  intimacy  between  prosecu- 
trix and  defendant,  admissibility  of 
evidence  of  acts  of.     11-672. 


Nonmarriage,       proof 
1912B-114. 


in       prosecution. 


Other  crimes,  admissibility  of  evidence  in 
prosecution.  8-459;  18-442;  1915D- 
164. 

Prosecutrix  mentally  incapable  of  giving 
consent,  competency  to  testify.  9- 
1218. 


4.    Conviction  and  Punishment. 

"Crime"  for  conviction  of  which  witness 
may  be  impeached,  rape  as  constitut- 
ing".    1916A-277.      ■ 

Cruel  and  unusual  punishment,  what  is. 
19-729;  1918B-399. 


RATE  OF  FARE. 

Meaning  of  term  as  used  with  respect  to 
passenger  traffic.     21-91. 


RATES. 

Electric  company,  discrimination  by  charg- 
ing different  rates  to  consumers. 
1914B-27. 

— minimum  charge  for  service,  right  of 
electric  light  or  power  company  to 
make.     1914D-4o6. 

— municipal  regulation  of  rates.  1915D- 
473. 

Ferriage  between  states,  regulation  of 
rates  by  one  state.     1-110;   16-865. 

Freight  rates,  discriminating  rate  fixing 
by  mistake,  validity  and  enforceabil- 


RATIFICATION. 


733 


BATES— Continued. 

ity  of  contract  by  carrier  to  carry 
goods.  16-455;  1913C-1386;  1918e'- 
458. 

— fair  return  on  investment  as  basis  of 
reasonableness  of  rates.     1913B-774. 

— ^injunction  against  unreasonable  rate, 
effect  of  Interstate  Commerce  Act  on 
right  of  shipper.     11-849. 

— reasonableness  of  charges,  matters  to  be 
considered  in  determining.  1916A-8; 
1918E-1216. 

— state  regulation  of  rates  as  interference 
with  interstate  commerce.  7-11;  13- 
148;  1917A-992. 

—unreasonable  freight  charges,  shipper's 
right  to  damages  as  affected  by  Inter- 
state Commerce  Act.     9-1082. 

Gas  company,  minimum  charge  for  service, 
right  to  make.     1914D-456, 

— state  or  municipal  regulation  of  rates. 
11-748;   15-1042;   17-1026. 

Irrigation  companies,  regulation  or  fixing 
rates  by  court,     16-799. 

Leases,  term  "rates"  as  including  water 
rents.     8-111. 

Passenger  rates,  discrimination  between 
localities.     18-149. 

• — fixed  rate  per  mile,  validity  and  effect 

of  statute  requiring.     21-191, 
— militia  and  public  officers  to  be  carried 

free  or  at  reduced  rates,  validity  of 

statute.     1913E-498, 
—reduced  rates  to  certain  classes,  validity 

of  statutes  requiring.     2-420;  9-1130; 

1912C-841. 

Public  service  corporations,  contract  fixing 
rates  between  them,  validity.     6-157. 

— court's  power  to  fix  or  regulate  rates. 
9-823;   1916B-289. 

— minimum  charge  for  service,  right  of 
public  utility  other  than  carrier  to 
make.     1914rMr55. 

• — objection   to  change  by   state   or  public 

commission    as    within    right    of    city 

which  fixed  rates.     1913D-89. 
— regulation    fixing    minimum    rate    to    bo 

charged,    validity.     1916A-933. 
— statute  conferring  power  to  fix  rates  on 

commission,  validity.     14-614;  1917C- 

57. 
— test  order  by  Public  Service  Commission 

to   ascertain    reasonableness   of   rates, 

validity.     1917E-794. 


RATES — Continued. 

Telephone  company,  validity  of  statute  or 
ordinance  regulating  rates.  1912D- 
808. 

Water  company  discrimination  in  rates  be- 
tween consumers,  right  to  make.  20- 
952. 

— "domestic  purposes,"  meaning  as  used 
in  Water  Rating  Act.  1912B-619; 
1914D-561. 

— minimum  charge  for  service,  right  of 
water  company  to  make.     1914D-457. 

—municipal  contract  with  water  company, 
private  consumer's  right  to  enforce 
as  to  rates.     5-507. 

— prohibition  to  prevent  fixing  of  water 
rates,  issuance  of  writ  against  council 
or  executive  officer  of  municipal  cor- 
poration.    20-962. 


RATIFICATION. 

Agency,  delegation  of  authority  by  agent 
to  subagent.     1915D-17,  26,  31. 

— retention  by  principal  of  benefit  of  loan 
procured  by  agent  without  authority, 
effect.  3-1145;  1913E-1115;  1916A- 
184. 

— sale  by  agent  to  himself  as  validated  by 
ratification.     1912A-1176. 

Alteration  of  instrument,  ratification  of, 
1917D-335,  349, 

Cancellation  of  fire  insurance  policy, 
wrongful  act  as  subject  to  ratification 
by  insured,     17-802*;   1915A-1236. 

Carrier's  wrongful  delivery  of  goods,  ef- 
fect of  ratification.    5-100;  1915D-877. 

Contract  voidable  for  duress  as  validated 
by    ratification.     1913E-438. 

Corporation,  transfer  of  stock  without 
authority  of  owner,  ratification  as 
defense  against  liability.  1913E- 
1177. 

Deed  or  contract  by  married  woman  in- 
valid for  defective  acknowledgment, 
effect    of    ratification.     1918E-654, 

Escrow,    delivery    of    property    to    person 

not    entitled,    effect    of    acquiescence. 

1915A-278;   1917E-444. 
Executors   and   administrators,   ratification 

of  acts  by  heirs  or  devisees.     1912B- 

729. 

Guardian  and  ward,  power  of  guardian 
to  ratify  ward's  conveyance  of 
realty,     1912D-704. 


734    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


RATIFICATION— Continued. 

Infants,  silence  or  acquiescence  after 
coming  of  age  as  ratification  of  deed 
of  infant.     1912C-775. 

Necessaries,  purchase  by  wife  on  credit, 
acquiescence  of  husband  as  affecting 
his   liability   to    pay.     1915A-10. 

Police  officer's  unauthorized  acts,  ratifica- 
tion as  affecting  municipal  liability. 
13-1019. 

Real  estate  broker,  unauthorized  contract 
as  subject  to  ratification.     8-852. 

Servant's  act  as  ratified  by  master's  re- 
taining   him    in    employ.     1912C-8oO. 

Statutes,  validity  of  statute  other  than 
local  option  law  which  takes  effect 
only  on  ratification  of  voters.  20- 
652;    1918E-573. 

Stock  broker's  breach  of  duty  as  subject 
to  acquiescence  of  customer.  1915B- 
913. 

Stranger's  act  as  ratified  by  silence. 
1912B-151. 

Sunday  contract,  ratification  on  secular  day. 
7-634;    1912A-293. 

Tenants  in  common,  lease  by  part  only  of 
tenants  as  o arable  of  ratification  by 
balance.     1913D-1165. 


RAZOR. 

"Razor   as    deadly   weapon.     1912A-1333. 

READVERTISEMENT. 

Bids  on  working  contract,  necessity  for 
readvertisement  where  bidder  to 
whom  municipal  contract  is  awarded 
fails  to  comnly  with  conditions  or 
abandons  contract.     1916D-1189. 

REAL  ESTATE  AGENTS. 

See  Brokers. 

Eeal  estate  agent  as  engaged  in  "trade." 
1916A-1201. 

REAL  PROPERTY. 

1.  In  (General. 

2.  What  Constitutes. 

3.  Eights  and  Title. 

See  Vendor  and  Purchaser. 


EEAIi  PROPERTY— Continued. 

1.    In  General. 

Attachment  of  equitable  interest  in  real' 
property.     1916C-786. 

Cultivation  of  land  as  "improvement,"' 
17-406. 

Defamation  of  real  property  as  action- 
able wrong.     9-818. 

Equitable  «onversion,  future  sale  of  land 
directed  by  will,  when  conversion 
takes  place.     17-643;   1915D-434. 

— order  of  sale  by  court,  time  of  con- 
version of  realty.     1912A-509. 

— widow's  right  to  benefit  under  equita- 
ble conversion  directed  by  testator, 
when  she  elects  to  take  under  wilL. 
17-160. 

Execution  sale,  injunction  against.. 
1918C-152,  324,  330,  332. 

Executor's  implied  power  to  sell  real 
property.     1916D-410,  448,  449,  451. 

False  pretenses  in  obtaining  real  property 
as  criminal  offense.  9-857;  18-397;. 
1915D-470. 

Forum  in  which  action  for  damages  to 
real  property  must  be  brought.  3— 
344;    21-1314;    1913E-597;    1917E-378. 

Inheritance  tax,  situs  of  real  property  as 
affecting    liability.     1915A-169. 

— succession  tax  as  payable  out  of  estate 
or  out  of  devise  of  real  property, 
20-1360. 

"Near,"  meaning  of  word  as  applied  in. 
description  of  real  estate.  1913D- 
121. 

Occupancy  of  land,  actual  residence  as 
requisite.     20-830. 

Plant,  meaning  of  term  as  covering  land. 
1917A-321. 

Postoffice,  transactions  through  the  mails 
concerning  real  estate  as  scheme  to 
defraud  within  postal  laws.  1914D- 
1249. 

Real  estate  dealer,  who   is.     1917A-961. 
Registration     under     Torrens      Acts.     12— 
834. 

2.    What    Constitutes. 

A'ccretions,  rule  of  apportionment  be- 
tween riparian  proprietors.  1914A— 
481;    1918E-998. 

Character  of  property  as  realty  or  per- 
sonalty,  fixing   by   agreement.     1-312. 


REASONABLE  DOUBT— RECALL  OF  OFFICERS. 


735 


REAL  PROPERTY— Continued. 

Executors  and  administrators,  real  estate 
acquired  by  representative  for  bene- 
fit of  estate  as  realty  or  personalty. 
7-703.    ■ 

Fruit   growing  on   trees   as.     1912C-736. 

"House,"  term  as  including  land. 
1914B-12C9. 

Mirrors    as    realty    or    personalty.     1-687. 

Partnership,  realty  as  personal  assets  on 
death     of    partner.     1912D-1207. 

— -treatment  as  personalty,  agreement  or 
implied  intention  of  parties  as  deter- 
mining.    11-269. 

Poles  and  wires  of  telegraph,  telephone 
or   electric   companies.     9-1193. 

Premises,  what  is  included  in  term  as 
used  with  respect  to  land.  1916C- 
1192. 

Rent  as  realty.     1918A-148. 

Rock,  stone  or  dirt  dumped  on  land  as 
becoming  part  thereof.     1914C-1154. 

Stoves  and  heating  apparatus  as  realty 
or  personalty.     2-375. 


REAL  PROPERTY— Continued. 

"Interest,"  meaning  of  term  with  respect 
to  transfer  of  property  right.    1912B-' 
524. 

Lunatic's  realty,  proceeds  of  sale  as 
realty  or  personalty.     1915A-158. 

Marketability  of  title,  admissibility  of 
opinion  evidence.     21-840. 

Opinion  evidence  as  to  amount  of  dam- 
ages to  realty,  admissibility.  3-667; 
1912A-191. 

Paramount  title,  right  of  one  of  two  par- 
ties deriving  title  from  common 
source  to  assert  as  against  other 
party.     16-652. 

"Profits,"  legal  meaning  of  word  as  ap- 
plied to   realty.     20-686. 

Receivers,  title  to  real  property.     1-297. 

Reputed  title,  admissibility  of  evidence 
in  action  involving  adverse  posses- 
sion.    1914D-243. 

Statutes  relating  to  title,  effect  of  par- 
tial invalidity.     1916D-47. 


3.    Rights   and   Title. 

Aliens,  right  to  inherit  under  treaty  with 
foreign   country.     1912A-1100. 

Bankruptcy  of  owner  as  affecting  titlo 
in   foreign    country.     21-1041. 

Colored  persons,  injunction  against  sale 
or  offer  of  sale  of  realty  to  colored 
person,  right  to  enjoin  owner,  1914B- 
826. 

County,  power  to  sell  realty  of  county. 
1913E-528. 

Creditor's  bill  as  reaching  interest  in  real 
property.     1914B-947. 

Dower  land,  right  of  widow  to  cut  trees 
to   clear   for   cultivation.     20-975. 

Evidence  of  title,  unprobated  will  as 
admissible   to   prove.     1916A-887. 

Gift  by  parol,  evidence  sufficient  to  es- 
tablish.    12-494;  21-289. 

"Half,"  legal  meaning  as  applied  to  land. 
1913E-1013. 

Inconsistent  defenses  in  action  relating 
to  real  property.     1917C-729. 

Infant's  power  of  disposition  by  will. 
1912A-624. 


REASONABLE  DOUBT. 

Disbelief  as  jurors  what  they  believe  as 
men,  propriety  of  instruction  that 
jurors  are  not  at  liberty  to  so  dis- 
believe.    21-564. 

Fire  insurance,  necessity  of  proof  beyond 
reasonable  doubt  of  wilful  burning 
in    action    on    policy.     1912A-1140. 

Individual  juror,  right  of  defendant  in 
criminal  case  to  instruction  as  to 
reasonable  doubt  dealing  with  in- 
dividual juror,     11-433. 

Reason,  propriety  of  instruction  defining 
reasonable  doubt  as  doubt  for  which 
juror    can    give    reason.     11-1019. 


REASONABLENESS. 

Opinion   of  witness  as  to   conduct  of  per- 
son,   admissibility.     1913C-1087. 


RECALL  OF  OFFICERS. 

Commission  form  of  municipal  govern- 
ment, recall  of  commissioners.  1917C- 
1115,  1132. 


736    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


RECALL  OF  OFFICERS— Continued. 

Election  for  recall  of  officer.     1916A-1165. 

— form  of  ballot   for  recall  of  plural  offi- 
cers.    1916D-2Q8. 

Statute  providing  for  recall  of  public  offi- 
cer, validity.     21-308;  1916A-1155. 


RECAPTION. 

Personal   property,   right   of   owner   to   re- 
cover by  necessary  force.     &-503. 


RECEIPTS. 

Accord  and  satisfaction,  part  payment 
with  receipt  in  full  as  satisfaction  of 
liquidated  and  undisputed  debt. 
1917A-130. 

Alteration  of  receipt  as  affecting  its  ad- 
missibility  in   evidence.     1913C-277. 

Creditor  to  debtor  as  constituting  good 
gift  of  debt  of  donee.     191oA-19. 

Denial  of  execution  of  receipt,  right  of 
party  to  deny  after  death  of  other 
party.     1918A-777. 

Duress,  demand  for  receipt  in  full  as  con- 
dition of  payment  of  part  of  debt 
as  duress  avoiding  receipt.     8-880. 

Escrow  as  applicable  to  receipt  assigning 
concession.     1916B-1033. 

Fire  insurance,  effect  of  binding  slip  or 
receipt  as  insurance  contract.     1914C- 

727. 

Life  insurance,  effect  of  binding  slip  or 
receipt  as  insurance  contract.    1915B- 

657. 

— ^premium  receipt,  conclusiveness  of  ac- 
knowledgment  in   policy.     1915D-366. 

Medium  of  payment,  receipt  as  proper 
medium  by  purchaser  at  execution  or 
other  judicial  sale.     191oC-998. 

Parol  evidence  to  modify  or  explain  re- 
ceipt.    19-544. 

Warehouse  receipts,  negotiability.  17- 
670. 

— transfer  as  divesting  vendor's  lien. 
1917D-112. 

— ^uniform  warehouse  receipts,  construc- 
tion  of.     1917E^29. 


RECEIVERS. 

1.  In  General. 

2.  Appointment. 

3.  Bonds  of  Receivers.  ,  ; 

4.  Rights,  Powers  and  Liabilities. 

5.  Compensation  and  Expenses. 

6.  Claims  Against  Estate. 

7.  Receivers'  Certificates. 

8.  Actions  by  and  Against  Receivers. 

1.    In  Qeneral. 

Appointment  wrongfully  procured,  right 
of  action  for.     1915D-1040. 

"Assigns,"  term  as  applicable  to.  1913B- 
739. 

Corporation,  contract  for  services  of  offi- 
cer or  agent  as  breached  by  appoint- 
ment of  receiver.     1912A-470. 

Criminal  liability  of  corporation  in  bands 
of  receiver.     21-694. 

Fire  insurance,  appointment  of  receiver 
as  affecting  condition  of  policy 
against  change  of  interest,  title  or 
possession.     16-869. 

Foreign  receivers,  privileges  accorded  by 
comity.  5-570j  1913D-1296;  1916A- 
97. 

Intervention  in  proceedings  in  federal 
courts.     1913D-1040. 

Limitation  of  actions,  effect  of  receiver- 
ship,    4-150;    1912D-1023. 

Replevin,  right  to  show  receivership  under 
general  denial.     20-301. 

Workmen's  Compensation  Act,  authority 
of  receiver  to  elect  not  to  come  under 
elective     compensation     act.     1918A- 

700. 

2.    Appointment. 

Affidavit  or  verified  bill  as  essential  to 
appointment.     1913A-608. 

— sufficiency  of  affidavit  for  appointment 
sworn  to  upon  information  and  be- 
lief.    11-980. 

Appointment  before  suit  is  instituted, 
right   to.     1912B-236. 

Building  and  loan  association,  appoint- 
ment of  receiver.     1917A-S27. 


RECEIVERS. 


737 


RECEIVEES — Continued. 

Conveyance  given  to  secure  support  of 
grantor,  right  to  appointment  of  re- 
ceiver on  breach  of  condition  by 
grantee.     12-900. 

Court's  power  to  appoint  in  absence  of 
statute.     1913B-648. 

"Creditor"  entitled  to  apply  for  appoint- 
ment for  insolvent  corporation,  who 
is.     1912A-901. 

Deadlock  in  affairs  of  corporation  as 
ground  for  appointment  of  receiver. 
1914B-240. 

Development  or  preservation  of  realty, 
power  of  court  to  appoint  receiver 
for  purpose.     1915D-1034. 

Effect  on  pending  action  of  appointment 
for  defendant  in  action.     1915C-1248. 

Equitable  right  to  appointment  of  re- 
ceiver in  action  maintained  solely  for 
such  relief.     4-66. 

Foreign  corporations,  power  of  courts  to 
appoint    receiver.     19-91;    1913E-459. 

Interference  by  courts  with  internal  af- 
fairs of  foreign  corporation  by  ap- 
pointment of  receiver.     1913E-459. 

Misconduct  of  officers  or  directors  as 
ground  for  appointment  of  receiver. 
17-916;  1915B-581. 

l^ational  bank,  jurisdiction  of  state  court 
to   appoint  receiver.     21-422. 

l^otice  of  appointment,  necessity  of  giv- 
ing notice  to  adverse  party  of  appli- 
cation   for    appointment.      1915C-897. 


3.    Bonds    of    Receivers. 

Judgment    against    principal    as    evidence 
against  surety.     9-158;   1915D-408. 

Sureties,     fewer    than    required    number, 
effect.     9-711. 


RECEIVERS — Continued. 

Interference  outside  jurisdiction,  power  of 
court  to  protect  receiver  against  acts. 
1915D-707. 

National  bank,  title  of  receiver  to  assets. 
1-296. 

Personal  liability,  order  of  court  as  pro- 
tection to  receiver.     1913D-1117. 

Profit  by  transactions  with  receivership 
property,  right  to.     5-208;   14-78. 

Rent  of  leasehold,  liability  of  receiver  as 
constructive  assignee  of  insolvent. 
1916E-81S. 

Sales  by  receiver,  power  of  court  to  set 
aside.     1913C-1334. 

Time  when  right  or  title  of  receiver  vests. 
20-551. 

Torts  committed  by  corporation  or  part- 
nership prior  to  appointment,  right 
of  action  against  receiver,  1912A- 
589;  1918E-263. 


5.     Compensation  and  Expenses. 

Expenses  of  receivership,  liability  of 
party  at  whose  instance  receiver  is 
appointed.     13-1161;    1913B-538. 

Necessary  expenses  of  receivership,  what 
constitute.     1918D-923. 

Negligence  or  misconduct  of  receiver  as 
forfeiting  right  to  compensation. 
1915D-1256. 

Partner  acting  as  receiver  on  dissolution 
of  partnership,  right  to  compensation. 
20-1061. 

Party  to  action  who  is  appointed  re- 
ceiver, right  to  compensation.  1912A— 
1198. 

Preference  in  distribution  of  assets,  costs 
and  expenses  of  receivership  of  pri- 
vate corporation  as  entitled  to.  7- 
585. 


4.    Rights,   Powers  and  Liabilities. 

Attorney's  fees,  personal  liability  of  re- 
ceiver.    1917B-354. 

•Conditional  sale  contract,  validity  as 
against  vendee's  receiver.  1916A- 
125S. 

Existing  contracts,  duty  and  power  of  re- 
ceiver with   respect  to.     1912C-949. 

Garnishment  of  property  in  hands  of  re- 
ceiver.    15-131. 

Index  to  Notes — 47 


6.  Claims  Against  Estate. 

Claim  maturing  after  appointment  as 
provable   against  assets.     1913D-1184. 

Wages,  equitable  preference  of  claims 
against  assets  in  hands  of  receiver 
of  corporation.     3-707. 

7.  Receivers'   Certificates. 

Payment  by  certificate  as  proper  medium 
at  judicial   sale.     1915C-998. 


738    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


BECEIVEBS — Continued. 

Eeceivers'       certificates, 
nature.     19130-39. 


issuance 


and 


^holder's  rights  and  duties.     1913C-58. 

— ^interest  on  bonds,  issuance  of  certifii- 
cates  to  pay.     1913C-4S. 

^lien  and  priority  in  distribution  of  pro- 
ceeds of  sale.     1913C-53. 

— purposes    of   issuance.     1913C-47. 

—validity  of  certificates.     1913C-51. 

8.    Actions    by    and    Against    Beceivers. 

Actions  by  or  against  receiver  after  his 
discharge.     7-44;  1912D-905. 

Appeals,  judgment  respecting  receivership, 

right   of   receiver  to   appeal.     1915D- 

802.. 
—order  authorizing  issuance  of  receiver's 

certificates,     right     to     appeal     from. 

1913C-60. 

Equitable  jurisdiction  of  receiver's  suits 
against  corporate  directors  or  officers 
for  negligence  or  wrongful  acts.  7- 
1121. 

Federal  receivership,  amenability  to  pro- 
cess of  courts  other  than  appointing 
court.     3-116. 

Mechanic's  lien,  receiver  as  necessary  or 
proper  party  to  foreclosure  actioiL 
1918B-23. 

Process,  agent  of  receiver  as  agent  within 
statute  providing  for  service  of  pro- 
cess on  agent  of  foreign  corporation. 
19-206. 

— railroad  in  hands  of  receiver,  service  of 
process  on.     1915B-597. 

Bailroad  receiver,  burden  of  proving  oper- 
ation of  road  by  receiver  in  action 
against  him.     1913A-535. 

Setoff  against  receiver.  13-1027;  1916D- 
599,  613,  615. 

Tort  committed  by  corporation  or  partner- 
ship prior  to  appointment  of  receiver, 
right  of  action  against  latter.  1912A- 
589;    1918E-263. 


RECEIVING  STOLEN 
GOODS. 

Accessory  or  accomplice  of  thief,  receiver 
of  stolen  goods  as.     20-594. 

— participant  in  larceny  as  accessory  be- 
fore the  fact.     1912B-1211. 


BECEIVING  STOLEN  GOODS  —  Con- 
tinued. 

Guilty  knowledge  on  part  of  one  charged, 
necessity  and  sufficiency  of  proof. 
15-899. 

Indictment  or  information,  necessity  of 
alleging  name  of  thief.  18-196; 
1914B-174. 

Inducement  to  commit  offense  with  view 
to  prosecution  as  constituting  de- 
fense.    17-298. 

Participant  in  larceny,  liability  for  re- 
ceiving  property   stolen.     1912B-1211. 

Possession  0/  other  stolen  goods,  admis- 
sibility of  evidence  in  prosecution  for 
receiving  stolen  property.  6-916; 
1913D-166;  1915C-92. 

Property  not  actually  stolen  or  having 
lost  its  stolen  character,  belief  in 
stolen  character  as  rendering  receiver 
liable    to    conviction.     7-350. 

Eeceiving  in  one  state  property  stolen  in 
another  as  constituting  offense  of  re- 
ceiving stolen  property.     18-1026. 


RECENT. 


Meaning  of  term  "recent"   or  "recently. 
1918A-814. 


RECEPTACLES. 

Beuse  or  traffic  in  bottles  or  other  re- 
ceptacles by  person  other  than  manu- 
facturer or  owner,  validity  of  statute 
regulating  or  prohibiting.     19I5A-4S7. 


RECIPROCAL 
DEMURRAGE. 

Statute,  ordinance  or  rule  providing  for, 
validity.  13-964;  19-1092;  1916E- 
701;   191SD-1123. 


RECITALS. 

Deeds,  recital  of  consideration  as  written 
promise  to  pay  within  statute  of  lim- 
itations.    2-470. 

— stranger  as  bound  by  recital  in  deed. 
1915A-96. 

Frauds,  statute  of,  recital  "for  value  re- 
ceived" as  sufficient  statement  of 
consideration  in  contract  within  stat- 
ute.    1912A-1242. 


UECKLESSNESS— RECORDING  ACTS. 


739 


EECITALS — Continued. 

Public    record,    recital    therein    as    proof 
of  age.     1918E-266. 

Sheriff's  deed,  effect  of  misreeital  therein. 
1913B-190. 

"V^ills.  implied  devise  or  bequest  from  re- 
cital in  will.     1917D-431. 


RECKLESSNESS. 

Opinion  "Of  witness  aa  to  reckless  conduct 
of  person,  admissibility.     1913C-1092. 


RECONSIDERATION. 

Ordinance,  right  of  municipal  council  to 
reconsider   after   defeat.     1913B-804. 

Statute,  power  of  legislature  to  recon- 
sider vote  on  bill  or  resolution. 
1913B-611. 


RECONVERSION. 

See  Equitable  Conversion. 

RECORDATION. 

See  Becordins  Acts. 


RECLAMATION  DISTRICT. 

Liability  for  torts.    15-909. 

RECLAMATION   OF   ARID 
LANDS. 

Workmen's  Compensation  Act  as  applica- 
ble to  employment.    1917D-14. 

RECOGNIZANCE. 

See  Ball. 

Witness,  power  of  court  to  require  recog- 
nizance for  appearance  in  criminal 
case.     1912D-338. 

RECOMMENDATION. 

Letter  of  recommendation,  liability  of 
person  giving  letter  to  one  suffering 
loss  through  reliance  thereon.  1916B- 
378. 

Ve.dict,  effect  of  recommendation  to 
mercy  accompanying  verdict.     21-244. 

RECONCILIATION. 

Alimony,  or  support  money,  effect  of 
reconciliation  of  parties  on  decree  or 
order  for  payment.     1912A-937. 

Attorney's  fees  in  matrimonial  action, 
reconciliation  of  husband  and  wife  as 
affecting  power  of  court  to  allow. 
1913A-798. 

Separation  agreement  between  husband 
and  wife,  effect  of  subsequent  recon- 
ciliation.    1913A-1331. 


RECORDING  ACTS. 

1.  In  GeoieraL 

2.  Instruments  Entitled  to  Record. 

3.  Mistake  in  Recording. 

4.  Effect     of    Recording    or    Failure    to 

Record. 

See  Records. 

1.    In  General. 

Assignments  of  mortgages,  applicability 
of  recording  acts.     5-339;   1914C-753. 

Burning  or  destruction  of  record,  effect  as 
to  recorded  instrument,  under  statute 
providing  for  restoration  of  record. 
20-34. 

Change  in  county  or  dfstrict  boundaries 
after  recordation  of  instrument  affect- 
ing either  realty  or  personalty,  effect 
of.     18-158. 

Conditional  sales,  jurisdictions  wherein 
required  to  be  recorded.     I916A-1273. 

Place  of  filing  chattel  mortgage  given  by 
more   than   one   person.     1913C— 839. 

Pre-existing  instruments,  constitutionality 
of  recording  acts  with  respect  to. 
5-258. 

Registry  fee,  requiring  borrower  to  pay 
as  usury.     1915C-777. 

"Residence"  as  synonymous  with  "domi- 
cile"  in   recording   act.     1915C-790. 

Search  of  vendor's  record  title,  how  far 
back  purchaser  is  bound  to  inquire. 
1914A-1288. 

SuflSciency  of  record  of  instrument,  where 
statute  does  not  prescribe  particular 
book   for   recordation.     7-356. 


740    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


RECORDING  ACTS— Continuea. 

Torrens    Acts,    validity    and    construction. 
12-834;    1913C-871;    1918E-184. 


2.    Instruments  Entitled  to  Record. 

Assignment    of    building    contract,    neces- 
sity   for    recording.     1918D-618. 

Instrument    void    on    face    as    entitled    to 
record.     1912C-675. 

Leases    as    included    under   "conveyances" 
in  recording  act.     1913D-1000. 


3.    Mistake    in    Recording. 

Deed  intended  as  mortgage,  effect  of  re- 
cording   as   deed.     8-104. 

Error  in  name  of  party  to  recorded  in- 
strument, effect  on  chain  of  title  and 
on    constructive     notice.     1915C-97. 

Liability  of  recording  officer  for  failure 
to  index  or  error  in  indexing  record 
to   person  injured.     20-487. 

Neglect  of  recording  officer  with  respect 
to  recordation  as  affecting  operation 
of  instrument  as  constructive  notice. 
4-561;  1913B-69. 


4.    Effect    of    Recording    or    Failure    to 
Record. 

Acknowledgment  of  instruments,  defec- 
tive, effect  of  registration.  1913B- 
1073. 

Assignments,  recordation  as  affecting 
priority  of  successive  assignees.  17- 
444. 

Attorneys,  failure  to  record  instrument, 
liability  to  client.     1917B-22. 

Bankruptcy,  preferential  transfer  under 
Bankruptcy  Act,  period  for  determin- 
ing invalidity  as  computed  from 
record  or  registry  thereof.  1914D- 
706. 

Chattel  mortgage,  acknowledgment,  neces- 
sity for  as  affected  by  recording 
of  instrument.     1915D-307. 

— creditor  entitled  to  attack  chattel 
mortgage  on  ground  of  failure  to  file 
or  renew,  who  is.  1912B-1106; 
1917D-1162. 

— validity  as  against  person  taking  con- 
veyance subsequent  to  actual  record- 
ing of  chattel  mortgage  not  recorded 
as   required   by   statute.     1917A-196. 


RECORDING  ACTS— Continued. 

Defective  description  of  real  property, 
constructive  notice  from  record  of 
instrument  containing  defect.  1917B- 
785,  796. 

Delay  in  recording  instrument,  effect  on 
rights  of  intervening  purchaser  with- 
out notice.     7-367. 

— fraud  on  creditors  of  grantor  as  aris- 
ing from  delay  in  recording  deed. 
1918A-1054. 

Dower  right  as  affected  by  failure  to 
record  deed  to  land  aliened  before 
marriage.     1913A-632. 

Escrow  recorded  without  authorization, 
effect.     1917E-447. 

Fraud,  record  of  instrument  as  construc- 
tive notice  of  fraud.  1917A-267, 
274. 

Instrument  not  entitled  to  record,  effec- 
tiveness of  its  recordation  as  notice. 
1913B-1070. 

Leases,  acknowledgment  as  condition  to 
recording.     1918D-163. 

Mortgages,  bankruptcy  proceedings  as 
affecting  failure  to  record  within 
prescribed   time.     1913E-854. 

Pledge  or  collateral  security,  failure  to 
file  or  record  as  discharge  of  surety. 
1912D-117. 

Purchaser  pendente  lite,  failure  to  record 
deed  before  commencement  of  action 
as  affecting  status  of  purchaser. 
19I8C-73,  83. 

Record  of  instrument  out  of  line  of  title 
as  constructive  notice.  18-13;  1917E- 
486. 

Unrecorded  instruments,  judicial  sales, 
purchaser  as  chargeable  with,  notice 
of  unrecorded  instrument  affecting 
title  to  property.     1915B-236. 

— ^precedence  of  recorded  quitclaim  deed 
over  prior  unrecorded  conveyance. 
8-1095;   19-320. 

— priority  between,  and  effect  of  record- 
ing conveyance  after  subsequent  con- 
veyance  is   given.     1912A-194. 

— purchaser  of  or  from  heir,  right  as 
against  grantee  in  unrecorded  con- 
veyance   from    ancestor.     1912B-1289. 

— sufficiency  of  unrecorded  deed  to  give 
color  of  title.     1-761. 


RECORDS— REDEMPTION. 


741 


RECORDS. 

See  Eecording  Acts. 

Abstract  of  public  record,  right  to  inspect 
and  make  abstract  of  record  without 
payment   of  fee   to   custodian.     6-542. 

Age  as  provable  bv  recital  in  public 
record.     1918E-266. 

Burning  or  destruction  of  record  as  affect- 
ing recorded  instrument.     20-34. 

Corporate  record,  admissibility  in  evi- 
dence.    1917D-558. 

Court  minutes,  effect  of  entry  of  names 
of  parties  followed  by  phrase  "et 
al."     14-571. 

Foreign  oflBcial,  record,  admissibility  la 
evidence.     19-1219. 

Grand  jury,  minutes  as  subject  to  inspec- 
tion by  indicted   person.     4-1055. 

Identification  of  record  by  stranger.  6- 
500. 

Internal  revenue  record,  certified  copy  as 
admissible  to  prove  possession  of 
federal  liquor  license.  1918D-779, 
792. 

Libel  'and  slander,  record  of  court  or 
other  tribunal,  admissibility  in  evi- 
dence on  issue  of  truth  of  charge. 
1915D-895,  898. 

Lost  or  destroyed,  parol  proof  of  eon- 
tents  of  judicial  records.  1916D- 
248. 

Municipal  record,  citizen's  or  taxpayer's 
right  to  inspect.     1913E-60. 

— parol  evidence  to  aid,  vary  or  contra- 
dict.    7-1045. 

Nunc  pro  tunc  amendment,  sufficiency  of 
evidence  to  authorize.  1915D-681, 
692. 

Physician's  death  certificate,  admissibility 
in  evidence  of  public  record  contain- 
ing.    1918C-766. 


.  RECOUPMENT. 

See  Setoff  and  Counterclaim. 

Existence  of  right  at  time  of  commence- 
ment   of   action,   necessity.     17-429. 

ilule  that  recoupment  is  available  to  de- 
fendant only  where  he  could  enforce 
claim  in  action  against  plaintiff. 
1914A-3S6. 

Setoff,  recoupment  and  counterclaim  dis- 
tinguished.    1914B-119. 


RECOVERY  BACK. 

See  Payment. 

RECOVERY  OVER. 

See  Exoneration.  ' 

RECRIMINATION. 

See  Divorce. 

RECTOR. 

See  Ministers  of  the  Gospel. 

REDEMPTION. 

Dower  in  equity  of  redemption,  right  of. 
1912A-410. 

Judicial  sales,  assignment  of  certificate 
of  judicial  sale,  effect  upon  redemp- 
tion right.     1913E-1191. 

— expiration  of  statutory  period  for  re- 
demption, time  to  redeem  thereafter. 
1913E-1187. 

— time  to  redeem  as  running  from  date  of 
sale  or  date  of  confirmation  thereof. 
1913E-41. 

— ^"interest,"  meaning  as  applied  to  re- 
demptions.   1912B-524. 

Mortgages,  bankruptcy,  value  of  mort- 
gagor's interest  in  mortgaged  prop- 
erty as  affecting  insolvency  within 
bankruptcy  law.     11-451. 

— conveyance  of  premises  to  mortgagee 
in  consideration  of  release  from  lia- 
bility under  mortgage,  validity  of 
agreement  by  mortgagor.  1913C- 
1243. 

— debts  subsequently  contracted  between 
redemptioner  and  mortgagee,  neces- 
sity for  payment  by  person  filing  bill 
to   redeem.     1914A-730. 

— extension  of  time  for  redemption,  con- 
stitutionality  of   act.     2-801. 

—lessee's  «right  to  redeem  from  fore- 
closure  of   mortgage.     1915A-400. 

—married  woman's  right  to  redeem  mort- 
gaged premises  during  life  of  hus- 
band.    6-475;   15-315. 

— quasi-public  corporation,  right  of  re- 
demption as  applicable  to.  1913A- 
626. 

— quitclaim  deed  as  passing  equity  of 
redemption.     1913C-363. 

— right  to  redeem  as  incident  of  mort- 
gage.    1912D-959. 


742    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


REDEMPTION— Continued. 

— tenant  for  years,  right  to  redeem  from 
mortgage.     4-807. 

— tender  of  mortgage  debt  after  fore- 
closure,   effect.     1914C-677. 

Tax  sales,  infant's  right  to  redeem  from. 
1914C-421. 

—notice  to  redeem  from  tax  sale,  suffi- 
ciency with  respect  to  statement  aa 
to  expiration  of  time  to  redeem. 
1917A-243. 


EED  FLAG. 

iValidity  of  statute  regulating  carrying  in 
parade.    1916D-849. 


REDUCED  RATES. 

Validity  of  statutes  requiring  reduced  pas- 
senger rates  to  certain  classes  of  per- 
sons. 2-420;  9-1130;  1912C-841; 
1913E-49S;  1916E-959j  1917C-92. 


REFERENCE. 

Award,  necessity  that  all  referees  join 
in.     15-507;   1916B-808. 

• — ^impeachment  of  award  for  mistake  of 
fact  not  involving  exercise  of  judg- 
ment.    1918C-974,   1001. 

Compulsory  reference  in  equitable  action, 
right  to  order  independently  of  stat- 
ute.    1912D-1136. 

Fees  of  referee,  personal  liability  of 
attorney.     1917B-524. 

Findings  of  fact  by  master,  conclusive- 
ness  and  weight.     19-908. 

Matters  submitted  for  decision,  necessity 
that  referee  determine  all.  1916A- 
359., 

Objection  or  exception  to  error  on  hear- 
ing before  referee,  necessity  of  tak- 
ing.    20-193.  , 

Overruling  previous  order  or  ruling  of 
judge,  power  of  referee.     1913C-1250. 

Presumption  as  to  determination  of  all 
matters  submitted  for  decision. 
1916A-362. 

Eeport  of  referee,  failure  to  file  within 
time  fixed  by  statute  or  order  of 
reference,    effect.     1913D-604. 

Kesignation  of  referee,  power  to  resign. 
1915A-535. 


REFERENCE — Continued. 

Termination      of     authority     of     referee. 
1918C-616. 

Witnesses,  right  of  referee  to  call  witness 
on   own  initiative.     18-165. 


REFERENDUM. 

See  Initiative  and  Referendum. 

REFORMATION  OF  INSTRU- 
MENTS. 
See  Rescission,  Cancellation  and  Reforma- 
tion. 

REFORMATORIES. 

Commitment  of  wayward  children  with- 
out jury  trial,  constitutionality  of 
statutes    providing    for.     5-96. 

Nuisances,  reformatory  as  nuisance. 
1913E-858. 

Sentence  for  period  not  exceeding  maxi- 
mum or  until  discharged  under  board 
rules  as  constituting  cruel  and  un- 
nsval  punishment.     19-732. 

Statutes  relating  to  reformatories,  .^effect 
of    partial    invalidity.     1916D-77. 

REFRESHING  MEMORY. 

Inspection  of  memorandum  or  paper  used 
by  witness  to  refresh  memory,  right 
of  opposite  party.     9-560. 

Eight  of  witness  to  refresh  memory  from 
published  statement  or  report  made 
by  him  instead  of  from  original 
memorandum.     1913B-582. 

REFRESHMENTS. 

Juror  furnished  refreshment  by  success- 
ful party  as  ground  for  new  trial. 
1912B-747.     ■ 


REFUNDS. 

Internal  revenue  tax,  refund  by  United 
States.     1916A-291 

Unearned  premium  on  fire  insurance 
policy,  necessity  of  refund  to  effect 
cancellation    bv    insurer.     12-1067. 


REFUSE. 

See   Garbage. 


REGARD— RELATIONSHIP. 


743 


REGARD. 

Term    "deem"    or    "deemed"    as    meaning 
"regard"   or   "regarded."     16-482. 


REGISTRATION. 

See  Recording  Acts. 

Animals  kept  for  breeding  purposes. 
1916A-566, 

Automobiles,  failure  to  comply  with 
statutory  regulation  as  to  registra- 
tion as  affecting  rights  and  liabilities 
of  owner  or  driver.  18-242;  1914A- 
128;   1918D-847. 

— license  number  on  motor  vehicle  as 
evidence   of  ownership.     1916D-1163. 

— municipal  regulation  with  respect  to 
registration.     1916E-1048. 

— ownership  -of  motor  vehicle,  conclusive- 
ness of  license  register.     1918E-737. 

Motorcycles,      registration      requirements. 

1917A-21S,   232. 
— effect  of  failure  to  register  on  right  of 

action       by       driver       for       collision. 

1917A-225. 

Municipal  bonds,  negotiability  as  affected 
by   registration,     5-197. 

Voters,    change   of   registration   by   voter. 

1917A-1278. 
— failure     to     comply     with     registration 

law,  effect  on  validity  of  votes  cast 

at   election.     1916E-408. 
— refusal  to  permit  registration  or  erasing 

name    as    subjecting    election    officers 

to    civil   liability.     20-1015. 
— "knowingly"         registering         illegally. 

1912A-436. 
— validity  of  statute  providing  for  regis- 
tration.    1913B-17. 

REGULATIONS. 
See  Bules  and  Begulations. 


REHEARING. 

Amicus  curiae,  power  to  make  application 
for   rehearing.     1915A-198. 

Appellate  court's  jurisdiction  to  grant 
rehearing  after  remand.  11-865; 
1917A-285. 

Arbitration  and  award,  necessity  of  re- 
hearing and  notice  thereof  before 
umpire   or  third   arbitrator.    16-557. 


REINSTATEMENT. 

Beneficial  associations,  survival  of  right 
of   reinstatement.     6-698;    17-1175. 

Disbarred  attorney,  reinstatement  of. 
1912A-813. 

Insurance,  application  for  reinstatement 
of  insurance,  construction  of  repre- 
sentation that  person  applying  is  in 
good  health.     1918D-1005. 


REINSURANCE. 

Effect  on  rights  of  insured,  after  reinsur- 
ance, of  limitation  clause  as  to  suit 
on  policy.     7-37. 

Payment  or  loss  by  reinsured  as  prerequi- 
site to  recovery  from  reinsurer.  14— 
951. 

Eight  of  policy-holder  to  bring  action 
on  policy  against  reinsurer.  1914A- 
1144. 


RELATION  BACK. ' 

Executor's  remuneration  as  relating  back 
ab  initio.     20-840. 

Eeceiver's  title  as  vesting  beyond  time  of 
appointment.     20-554. 


RELATIONSHIP. 

Affinity,  when  relationship  terminates. 
1912B-1028. 

Declarations  of  relationship  to  decedent, 
admissibility  in  behalf  of  relative 
or  declarant  who  is  claimant  of  de- 
cedent's   estate.     21-1305;  1915C-1044. 

Depositions,  qualification  to  take  deposi- 
tions as  affected  by  relationship.  6- 
611. 

Incest,  evidence  of  relationship  in  prose- 
cution.    21-558. 

— knowledge  of  relationship  as  affecting 
crime.     4-569. 

—relationship  by  affinity  as  within  stat- 
ute   against    incest.     1913A-102. 

Insanity  of  ancestors  or  kindred,  admissi- 
bility on  issue  of  sanity.  6-29; 
1918B-124. 

Interpreter,  relationship  to  party  as  af- 
fecting competency.     1913D-286. 

Judge  or  justice  of  peace,  degree  of  re- 
lationship to  party  necessary  to  dis- 
qualify.    12-516. 


744    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918B. 


RELATIONSHIP— Continued. 

— probate  matters,  relationship  as  dis- 
qualifying judge  to  act.     1912C-1165. 

— relationship  of  judge  to  counsel  as  dis- 
qualification for  trial  of  cause. 
1917A-1238. 

Juror,   disqualification   by   relationship   to 

witness.     1912B-1060. 
— relationship  to  stockholder  of  corporate 

party     as     disqualifying     juror.     21- 

642, 

Life  insurance,  affinity  relationship  as 
supporting  insurable  interest  in  life. 
1917C-158. 

— misrepresentation  of  relationship  of  in- 
sured to  beneficiary  as  avoiding 
policy.     4-336;   11-72. 

Marriage  within  prohibited  degrees  as 
void   or   voidable.     1-613;    1917C-149. 

"Near,"  meaning  of  word  with  respect 
to   relationship.     1913D-121. 

"Nearest  blood  relation"  or  similar  phrase, 
meaning  in  will  designating  legatee 
or  devisee.     1915A-476. 

Parol  evidence  as  admissible  in  constru- 
ing words  of  relationship  in  will  as 
including  illegitimates.     1915B-51. 


RELATIVES. 

Age  of  person,  competency  of  relative  to 
testify  to.     1918A-262. 

Alienation  of  affections  of  spouse,  lia- 
bility of  relative  for  causing.  6- 
663;  1917E-1027. 

Duress,  contract  induced  by  threats  of 
criminal  prosecution  against  relative 
other  than  parent,  child  or  spouse. 
1917C-1033. 

Homicide,  defense  of  relative  as  jus- 
tifiable homicide.     13-1055. 

— killing  or  assaulting  relative  as  suffi- 
cient provocation  to  reduce  homicide 
from  murder  to  manslaughter.  13- 
1085;   1914B-457. 

Libel  and  slander,  communications  be- 
tween relatives  as  privileged.  1917E- 
898. 

Mental  anguish  of  relative  in  telegraph 
cases,  excessiveness  of  verdict. 
1913B-247. 

Physician's  services,  request  by  relative 
as  implying  agreement  to  pay  there- 
for.    1914C-587. 


EELATIVES— Continued. 

Services  rendered  between  relatives,  im- 
plied contract  to  pay  for  brother's 
or    sister's    services.     8-203. 

— uncle  or  aunt  or  nephew  or  niece,  im- 
plied contract  to  pay  for  services 
rendered.     1913C-307, 

Sickness  or  death  of  relative,  liability 
for  refusing  to  permit  person  to  visit 
or    attend    funeral.     1914A-1248. 

Wills,  insane  delusion  with  respect  to 
relatives  as  affecting  testamentary 
capacity.     1916C-4,  29,  33,  35. 

— ^"nearest  relative"  or  similar  term, 
meaning  in  designation  of  legatee  or 
devisee.     1915A-475. 

— "relative"  in  statute  against  lapsing 
of  legacies  or  devises.     10-920. 


RELEASE  AND  DIS- 
CHARaE. 

1.  In  GeneraL 

2.  Validity. 

3.  Construction  and  Effect. 

4.  Avoidance  and  Bescisslon. 

See  Bankruptcy;  Suretyship. 

1.    In  General. 

Army  and  navy,  release  from  detention 
of  military  or  naval  authorities,  right 
of  infant  unlawfully  enlisted.  16- 
129, 

Attorneys,  release  unauthorized  by  client 
liability  of  attorney,     1917B-14. 

Banks,  power  of  cashier  to  release  person 
liable    on    bill    or    note.     6-52. 

Bills  and  notes,  discharge  of  accommoda- 
tion party  under  negotiable  instru- 
ment law  by  extension  of  time  to 
principal  debtor.  1913C-527;  1918A- 
1103. 

—extension  of  time  to  comaker  as  dis- 
charge of  accommodation  joint  maker. 
13-999. 

— payment  to  bank  where  note  made  pay- 
able  as   discharging   maker.     5-298. 

— renewal  note  as  discharging  original. 
1915A-1084. 

Composition  with  creditor  as  discharge 
of   debtor.     1914A-838. 


RELEASE  AND  DISCHARGE. 


745 


EELEASE  AND  DISCHARGE— Con- 
tinued. 

— surety  or  collateraJL  security  as  released 
by  composition  with  creditors. 
1914A-841. 

Conditional  delivery  of  release,  parol 
evidence  as  admissible  to  show. 
1912D-1308. 

Consul's  release  of  claim  of  alien  benefi- 
ciary for  death  by  wrongful  act, 
validity.     1918A-933. 

Corporations,  subscription  to  corporate 
stock,  release  as  arising  from  altera- 
tion in  charter  or  change  in  corporate 
design.     1918A-79. 

—voluntary  payment  by  stockholder  of 
full  quota  of  liability  to  creditor 
or  creditors  as  discharging  him  from 
further  liability.     1913D-71. 

Debtor's  obligation  to  testator,  parol  evi- 
dence as  admissible  to  determine  in- 
tent to  discharge  by  bequest. 
1915B-57, 

Dower,  antenuptial  agreement  for  release 
of  dower  and  like  interest  in  prop- 
erty of  intended  sjouse,  validity. 
4-804;     16-710;     1914B-620. 

— express  contract  with  husband  releas- 
ing dower,  right  of  married  woman 
to    make.     1917A-48. 

— separate  instrument  not  joining  hus- 
band, right  of  married  woman  to 
release  dower.     13-143. 

Executor's  debt  to  testator  as  discharged 
by  his  appointment  as  executor. 
1913E-1278. 

Guaranty,  creditor's  acceptance  of  bill 
or  note  from  debtor  as  discharge 
of    guarantor.     4-884;     1916A-1193. 

Inheritance  rights,  construction  of  ante- 
nuptial contract  with  respect  to  re- 
lease  of  right   to   inherit.     1914C-192. 

Insurance,  release  by  insured  of  person 
causing  loss  as  affecting  subrogation 
rights  of  insurer.     1917A-1298,  1308. 

Landlord  and  tenant,  assignment  of  lease 
as  discharging  lessee's  liability  for 
rent.     1916E-795. 

Mechanics'  liens,  tender  as  discharging 
lien.     1912B-932. 

Mortgages,  extension  of  time  to  mort- 
gagee assuming  mortgage  debt  as  re- 
leasing mortgagor  from  personal  lia- 
bility.    9-25&. 


EELEASE 

tinued. 


AND       DISCHARGE— Con- 


Novation,  whether  release  of  debtor  by 
novation  of  contract  may  be  estab- 
lished by   implication.     1912D-508. 

OflScial  bonds,  bankruptcy  discharge  as 
affecting   liability   of  surety.     4-66. 

— statute  providing  for  release  of  s.irety 
of  public  officer  from  liability,  va- 
lidity.    1912A-73. 

Partnership,  acceptance  of  obligation  of 
one  partner  for  firm  debt  as  dis- 
charging other  partners.     1915C-1201. 

— discharge  of  partner  from  liability  for 
partnership  debt  as  discharge  of  other 
partners.     1912D-624. 

— guaranty  as  discharged  by  change  in 
firm    or    corporation.     15-1020. 

Receivers,  action  by  or  against  receiver 
after  his  discharge.  7-44;  191 2D- 
905. 

Subjacent  support,  liability  as  released 
by  grant  of  mining  rights,  what  con- 
stitutes release.     10-874. 


2.    VaUdity. 

Expectancy  in  estate  relinquished  by  heir 
in  consideration  of  advancement,  va- 
lidity and  effect  of  agreement.  17- 
725. 

— validity  of  release  of  expectancy  in  es- 
tate made  by  heir  to  another. 
1913B-451. 

Mental  incapacity  of  releasor,  effect  upon 
release  of  claim  for  personal  injuries. 
3-574. 

Ee-employment  of  releasor  by  releasee 
as  consideration  for  release,  validity 
of  such  release.     4-647;    1916E-175. 

3.    Construction    and    Effect. 

Death    by    wrongful    act,    release    by    de- 
ceased   as   affecting   right   to    recover. 
,  1-232;     7-1090;     1914D-499;     1918A- 
312. 

General  words  and  particular  recitals, 
construction  of  release  with  respect 
to.     1912A-502. 

Gifts,  execution  of  release  as  good  gift 
of  debt  of  donee.     1915A-19. 

Joint  tort-feasors,  effect  of  release.  1- 
63;  11-397;   1913B-270;  1918D-279. 

— release  of  joint  tort-feasor  not  actually 
liable,  effect.     8-1042;  12-1065. 


746    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


RELEASE 

tinued. 


AND       DISCHARGE— Con-       RELIGION— Continued. 


Personal  injuries,  unknown  or  subse- 
quently developing  injury,  effect  of  re- 
lease of  claim  upon  right  of  recovery 
therefor.     4-548. 

Servant's  discharge  from  personal  liability, 
effect  upon  master's  liability  for  ser- 
vant's act.  9-660;  21-1013;  1915C- 
191. 

Workmen's  compensation,  rights  of  depend- 
ents iinder  act  as  affected  by  release 
by  deceased.     1915B-830. 


4.    Avoidance  and  Rescission. 

Fraud,  respective  jurisdictions  of  law  and 
equity  to  avoid  release  for  fraud.  13- 
756. 

Infant's  right  to  repudiate  release  of  dam- 
ages for  tort.     12-689;  1914A-997. 

Misstatements  by  physician  as  to  nature 
of  personal  injuries,  avoidance  of  re- 
lease of  claim  on  account  of.  20-750; 
1918A-358. 

Repudiation  of  release  procured  by  fraud, 
necessity  of  returning  or  tendering 
consideration.  4-655;  6-807;  8-179; 
1912D-1084. 

Rescission  of  release,  right  for  mutual  mis- 
take of  law.     20-1247. 


RELIEF  DEPARTMENTS. 

Existence  of  relief  department  as  affecting 
liability  of  master  to  furnish  medical 
aid.     1915D-509;   1918D-1053. 

Federal  Employers'  Liability  Act,  recovery 
thereunder  as  affected  by  acceptance 
of  benefits  of  relief  department. 
1916A-783;  1918E-1193. 

Membership  contract  by  injured  employee 
as  operating  as  discharge  of  master's 
liability   for   negligence.     1912A-1153. 

Railroad  company's  power  to  conduct  as  in- 
cidental to  main  business.     4-911. 

— maintenance  of  relief  department  by 
railroad  company  as  ultra  vires.     6-11. 


RELiaiON. 

See  Religious  Societies. 

Belief  in  seventh  day  of  week  as  Sabbath 
as  defense  to  prosecution  for  violation 
of  Sunday  law.     10-948. 


Confession  induced  by  appeal  to  religious 
or  moral  convictions  as  affecting  ad- 
missibility.    1913B-310. 

Custodian  of  child,  religious  belief  as  con- 
sideration in  determining  right  to  cus- 
tody on  habeas  corpus.     1914A-752. 

Dying  declarations,  want  of  religious  be- 
lief on  part  of  declarant  as  affecting 
admissibility   or   weight.     16-148. 

Guardian  and  ward,  religious  belief  as  af- 
fecting qualifications  of  person  as 
guardian.     1915C-361. 

Infant  as  witness,  religious  belief  as  test 
of  competency.     14-5. 

Juror,  religious  afiiliations  as  affecting 
competency.     17—343. 

Masses,  validity  of  bequest  for  celebration. 
14-1025. 

Medical  attendance  denied  another  on 
ground  of  religious  belief  as  defense  to 
criminal  prosecution.     1913B-1221. 

Municipality's  power  to  take  property  for 
religious  purpose  as  trustee.     17-749. 

Ordinance  of  1787,  provision  respecting  re- 
ligion as  affected  by  admission  of  state 
into  Union.     19150-950. 

"Place  of  worship,"  or  "meeting  for  divine 
worship,"  within  statute  against  dis- 
turbance thereof.     19^48. 

Public  property,  use  for  religious  worship, 
power  of  public  authorities  to  author- 
ize or  prohibit.     1914B-303. 

Schools,  teaching  religious  doctrines  in 
public  schools.  2-522;  19-234;  1916A- 
312. 

— ^wearing  of  sectarian  religious  garb  by 
teacher  in  public  school.  6-435; 
1912A-428. 

Subversion  of  religion,  validity  of  testa- 
mentary gift  for  purpose.  1917B- 
1024;  1917D-788. 

Sunday,  observance  imposed  as  religious 
duty  as  improper  exercise  of  police 
power.     12-1098. 

— seventh  day  of  week,  constitutionality 
of  Sunday  law  which  fails  to  make  ex- 
ception in  favor  of  persons  observing 
seventh  day.     7-934. 

Wills,  legacy  or  devise  conditioned  on  re- 
cipient renouncing  or  embracing  par- 
ticular religious  belief,  validity.  7- 
656;   1917B-1024;   1917D-788. 


RELIGIOUS  SOCIETIES— REMAINDERS  AND  REVERSIONS.     747 


RELIGION— Continued. 

— testamentary  capacity  as  affected  by  re- 
ligious belief  (other  than  spiritualism.) 
1915D-0  73. 

Witnesses,  competency  as  affected  by  re- 
ligious  belief.     14-5;   12^155. 


RELiaiOUS  SOCIETIES. 

See   Religion. 

Adverse  possession,  right  of  religious  cor- 
poration to  acquire  title  by.  1915C- 
773. 

"Church,"  meaning  of  term  in  statute  pro- 
hibiting sale  of  liquor  within  specified 
distance   of  church.     1914D-774. 

Communistic  society  or  corporation  as  con- 
trary to  public  policy.  11-236;  1917 A- 
468. 

Consolidation  or  reunion  of  churches,  juris- 
diction of  civil  court  to  review  de- 
cision of  ecclesiastical  tribunal  with 
reference  thereto.     19-289. 

Devise  or  bequest  to  church  as  charitable 
use.     14-1025;  1914D-4ol. 

Discipline  of  member,  right  of  court  to  re- 
view action  of  church  authorities.  7- 
767;  1918C-622. 

Dissolution    or    termination    of    existence. 

1918D-1056. 
— reorganization  after  dissolution.      1918D- 

1061. 

Disturbance  of  place  of  worship  within 
statute  against  disturbing  religious 
meetings.     19-448. 

Expulsion  of  member,  right  of  court  to  re- 
view.    7-767. 

Factions  of  religious  society,  allotment  of 
property  between.     20-410. 

Jurisdiction  of  civil  court  to  review  de- 
cision of  ecclesiastical  tribunal  with 
reference  to  consolidation  or  reunion 
of   members.     19-289. 

Liibel  and  slander,  utterance  of  representa- 
tive other  than  statement  from  pulpit 
as  actionable.     1918C-780. 

Mechanic's  Uen  against  religious  institu- 
tion, right  to.     1915D-1145. 

Pew  owner,  rights  as  affected  by  transfer 
of  church  property.  1913C-476; 
1915C-951. 

School  or  school  exercises,  holding  in 
church  or  sectarian  building.  1918C- 
589. 


RELIGIOUS    SOCIETIES— Continued. 

Taxation,  exemption  of  religious  institu- 
tion, what  included.  1912A-3o4; 
1918B-532. 

— parsonage  or  residence  of  minister, 
priest,  etc.,  as  included  within  exemp- 
tion.    11-lloa 

Torts  of  subordinates,  liability  of  head 
of  institution.     1915B-1234. 

Trusts,  power  of  municipality  to  take 
property  for  religious  purposes  as  trus- 
tee.    17-749. 


REMAINDER. 

Meaning  of  "all"  as  used  in  will  in  con- 
nection with  "remainder."     1917E-78. 


REMAINDERS  AND 
REVERSIONS. 

1.  In  General. 

2.  Rights  and  Liabilities  of  Life  Tenant 

and  Remainderman. 

1.    In  General. 
Acceleration    of     remainders.     1914A-856. 

— widow's  renunciation  of  will,  acceleration 
of  remainder.  1913E~421;  1915  A- 
1227;  1918C-413. 

"Assigns"  as  including  remainderman. 
1913B-740. 

Contingent  remainder  as  "interest"  in  real 
estate.     1912B-525. 

— destruction  of  contingent  remainder  to 
unborn  person.  1917A-902,  921,  9£5, 
932. 

— devise  of  contingent  remainder,  validity. 
1918B-851. 

Conversion  of  property  by  life  tenant, 
when  statute  of  limitations  begins  to 
run.     16-540. 


Cross-remainders   by   implication. 
713. 


1916B- 


Devise  over  after  estate  with  power  of  dis- 
position, validity  and  effect.     7-953. 

— ^limitation  upon  indefinite  failure  of 
issue,  validity.     6-648. 

— time  to  which  words  of  survivorship  re- 
fer in  devise  or  bequest  of  remainder 
after  life  estate.     14-706. 


748    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


REMAINDERS      AND      REVERSIONS— 

Continued. 

Dower  as  attaching  to  realty  in  which  hus- 
band has  interest  only  in  remainder 
or  reversion.     1912D-779. 

"Freeholder,"  remainderman  as.  1913D- 
328. 

Gift  for  charitable  use  conditioned  for  re- 
version if  property  applied  to  other 
purposes.     12-816. 

Improvements  by  life  tenant  as  requiring 
compensation.     1913A-489. 

Incumbrance  on  fee  discharged  by  life  ten- 
ant, right  of  reimbursement.     8-725. 

Judgments  and  decrees,  effect  on  unborn 
remaindermen.     2-790. 

Predeceased  child,  right  of  representative 
to  share  in  remainder  given  to  chil- 
dren as  a  class.     2-645;  1917B-1245. 

Quitclaim  deed  as  passing  remainder. 
1913C-367. 

Sale  of  vested  interest  in  remainder  or  re- 
version, inadequacy  of  consideration 
as  ground  for  vacating,     1914B-1042. 

— gift  over  to  heirs  of  testator  as  vested 
or  contingent.  1917A-859,  871;  1918D- 
983. 

Vested  or  contingent  remainder,  character 
of  remainder  defeasible  by  execution 
of  power.     5-810. 

Waste,  remedy  of  contingent  remainder- 
man.    1912'A-543. 


REMAINDERS      AND      REVERSIONS— 

Continued. 

Injuries  to  estate,  life  estate  and  inheri- 
tance both  injured,  right  of  life  tenant 
to  recover  damages.     1916C-881. 

— stranger's  injury  to  realty,  remainder- 
man's right  of  action.     6-145. 

Merger  of  estates,  as  dependent  upon  in- 
tention of  parties.     7-700, 

— where  life  tenant  is  also  trustee  of  prop- 
erty.    1917A-1221. 

Mining  lease  prc^ceeds,  respective  rights 
of  life  tenant  and  remainderman. 
1915A-518. 

Partition  of  property,  right  of  remainder- 
man or  reversioner.     21-264, 

Sale  of  property  by  life  tenant,  estoppel  of 
remainderman  to  repudiate,  1915A- 
1001. 

Special  assessment,  liability  to  pay  as  be- 
tween remainderman  and  life  tenant. 
1914B-817, 

Stock  dividend,  right  to,  as  between  life 
tenant  and  remainderman.  12-65; 
1912B-1218;  1915A-311, 

Tax  titles,  failure  of  life  tenant  to  pay  tax, 
right  of  remainderman  to  acquire  tax 
title.     1916D-326. 

— joint  remainderman  in  expectancy,  right 
to  acquire  a  title  to  property,  1913Ef- 
152. 


2.    Rights  and  Liabilities  of  Life  Tenant 
ajid  Remainderman. 

Conveyance  of  interest  of  one  remainder- 
man to  another,  validity.     1917A-520. 

Creditor's  bill  to  reach  remainderman's  in- 
terest.    1914B-954. 

Depreciation  of  securities  by  wearing  away 
of  purchase  premiums  as  chargeable  to 
life  tenant  or  remainderman.     10-515. 

Ejectment,  joindei*  of  remainderman  and 
life  tenant  in  action.     1912C-241. 

Execution  sale,  right  of  remainderman  to 
enjoin.     1918C-267. 

Fixtures,  right  to  as  between  life  tenant 
and  remainderman.     2-405. 

Inheritance  tax,  apportionment  between  life 
tenant     and     remainderman.     20-1360. 
— time  for  imposing  tax.     5-237. 


REMAINING  DUE. 

Legal  meaning  of  term,     1918E-791. 

REMAND. 
See  Appeal  and  Error. 


REMARRIAGE. 

Contempt  of  court,  remarrying  in  foreign 
jurisdiction  after  decree  of  divorce 
forbidding  as  constituting  contempt. 
1914A-1175. 

Estoppel  by  remarriage  to  attack  decree  of 
divorce.     1917E'-125. 

Extraterritorial  effect  of  divorce  decree  or 
statute  prohibiting  remarriage  of  party 
or  parties.     15-758. 


REIMEDIES— REMOVAL  FROM  OFFICE. 


749 


REMEDIES. 

See  Actions  and  Proceedings;  Election  of 
Bemedies. 

Anticipatory  breach  of  contract  or  preven- 
tion of  performance,  remedies  of  party. 
1-427;   12-1108;  1913C-384;  1917E-712. 

Beneficial  associations,  exhaustion  of  reme- 
dies under  by-laws  before  recourse  of 
member  to  courts.     3-211;  191oB-318. 

Bulk  sales  law,  remedies  of  creditor  for 
violation.     1916C-928. 

Change  of  remedy  by  retrospective  statute 
as  impairing  obligation  of  contract. 
5-324. 

Contacts  incapable  of  specific  enforcement, 
breach  as  restrainable  by  injunction. 
3-976. 

Copyright  infringement,  remedies  under 
former  and  existing  laws.     1912C-566. 

Corporations,  merger,  remedy  of  creditor  of 

one     corporation     after    merger    with 

another.     1914C-449. 
— stockholder's  remedy  for  deprivation  of 

right  to  subscribe  for  new  stock.     9- 

747;  1918B-133. 

Covenant  not  to  engage  in  same  business  as 
covenantee,  injunction  as  remedy. 
1916C-187. 

Deeds,  breach  of  condition  in  conveyance 
for  support  of  grantor.     12-899. 

Force,  remedy  by  force  as  affecting  com- 
plainant's right  to  injunctive  relief. 
16-730. 

Foreign  corporations,  suspension  of  reme- 
dies for  failure  to  comply  with  stat- 
ute.    2-66;  13-512;  1914A-702. 

Insurance  contracts,  law  governing  reme- 
dies.    19-41. 

Landlord  and  tenant,  second  distress,  ten- 
ant's remedies  by  trespass,  trover  or 
replevin.     3-821. 

Mandamus  as  action  or  special  proceeding. 

8-311. 
Martial  law,  remedy  of  persons  aggiieved 

by  enforcement.     1914C-30. 

Mines  and  minerals,  covenant  in  mining 
lease  for  diligent  prosecution  of  work, 
remedy  for  breach.     20-1172, 

— flooding  mine  by  neighboring  mine 
owner,  remedy  of  injured  party. 
1914C-460. 

— removal  of  minerals  fronj  soil  by  tenant 
in  common,  remedy  of  cotenant. 
1918B-5S3. 


REMEDIES — Continued. 

Mortgage  foreclosures,  remedy  of  persons 
improperly  omitted  as  parties  to  fore- 
closure proceedings.     4-848. 

Public  officer  performing  official  acts  out- 
side of  jurisdiction,  remedy  against. 
1914C-328. 

Replevin,  remedy  where  verdict  fails  to 
find  unlawful  taking  or  detention. 
20-431. 

Subrogation  of  surety  as  including  reme- 
dies against  third  persons.     13-429. 

Taxation,  statutory  remedy  for  'collection 
of  taxes  as  exclusive  of  other  remedies. 
7-18;  13-729;  1915D-741. 

Warranty,  remedy  for  breach  of  warranty 
on  sale  of  seed.     1918B-82. 

Waste,  remedy  of  contingent  remainder- 
man.    19i2A-543. 


REMISSION. 

Fines  and  forfeitures,  power  of  executive 
to  remit.     17-603. 


REMITTITUR. 

Damages,  consent  of  losing  party  to  remit- 
titur,  necessity.     2-675. 

Excessive  verdict  granted  through  passion 
or  prejudice.     3-939;  1912C-509. 


REMONSTRANCE. 

Drainage     district     organization,     remon- 
strance against.     1915C-17. 

Municipal  improvement,  who   may  remon- 
strate against.     1918E-837. 


REMOVAL  FROM  OFFICE. 

See  Public  Officers, 

Corporations,  power  of  court  to  remove 
officer  of  private  corporation.     20-598. 

— removal  of  officer  of  private  corporation. 
1913B-669. 

Executors  and  administrators,  effect  of  re- 
moval of  executor  on  his  powers  or 
duties  as  trustee.     1914C-609, 

— power  of  court  to  remove  executor  or  ad- 
ministrator.    1915D-284. 

Guardian,  removal  as  resting  in  discretion 
of  court.     1912B-977. 


750    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


REMOVAI,    FROM    OFFICE— Continued. 

Next  friend,  power  of  court  to  remove 
where  not  proper  party  to  prosecute 
suit.     1914A-943. 

Trustees,  antagonism  or  ill  feeling  be- 
tween trustee  and  beneficiary  as 
ground  for  removal  of  trustee.  1918B- 
1045. 

— ^power  of  court  to  remove  trustee  who 
goes  out  of  jurisdiction.     20-816. 


REMOVAL  OF  CAUSES. 

1.  In  General. 

2.  Petition  and  Gronnds  for  EemovaL 

3.  Proceedings  After  RemovaL 

1.    In  GeneraL 

Appealability  of  order  transferring  cause 
from  state  to  federal  court.  1916D- 
1049. 

Extension  of  time  for  filing  application  to 
remove  cause  by  order  of  court  or 
stipulation.     14-268. 

Foreign  corporation,  validity  of  statute 
providing  against  removal  of  action 
brought  against  it  into  federal  court. 
6-325;    1912C-1160. 

"Tlevenue  laws,"  meaning  in  statute  relat- 
ing to  removal  of  causes.     1918B-217. 

2s.    Petition    and    Gronnds    for    Removal. 

Denial  of  civil  rights,  right  to  remove 
cause  from  state  to  federal  court.     5- 

704. 

Divers*  citizenship,  when  defendant  corpo- 
ration is  entitled  to  remove  action  on 
ground  of.     12-520. 

Joinder  of  all  defendants,  necessity  in  pe- 
tition to  remove  action  against  non- 
resident defendants  on  ground  of 
diversity  of  citizenship.     11-962. 

Joint  action  for  tort  against  resident  and 
nonresident  defendants,  removal  from 
state  to  federal  court  on  ground  of 
separable  controversy.  4-1150,  1154; 
8-75;  9-760. 

Prejudice  or  local  influence,  right  to  re- 
move for,  as  dependent  upon  citizen- 
ship of  parties.     4-455. 

Questions  of  fact  on  petition  for  removal, 
right  of  state  court  to  determine.  5- 
247;  1912A-236. 


REMOVAL  OF  CAUSES— Continued. 

Waiver  of  right  to  remove  cause.  1913A- 
1337. 

3.    Proceedings  After  Removal. 

Costs  accrued  prior  to  removal,  taxation. 
1912A-1279. 

Dismissal  or  nonsuit  in  federal  court  as  af- 
fecting subsequent  jurisdiction  of 
state  court.     4-891;  9-942;  1913A-332. 

Injunction  against  further  proceedings  in 
state  court,  power  of  federal  court  to 
which  cause  has  been  removed.  13- 
1071. 

Jurisdiction  of  particular  federal  court  to 

which    case    is    removed    from    state 

.    court,  waiver  of  want  of  jurisdiction. 

14r-1172. 


REMOVAL    OF    PROP- 
ERTY. 

Carrier  of  goods,  reasonable  time  for  re- 
moval of  goods  by  consignee  from 
premises  of  carrier,  what  constitutes. 
21-531;  1918E-1114. 

Fire  insurance,  removal  of  goods  with  con- 
sent of  insurer  as  covered  by  fire  in- 
surance policy  during  process.  14- 
691. 

Mechanics'  liens,  improvement  giving  rise 
to  mechanic's  lien,  removal  as  extend- 
ing lien  to  land,  2-812;  1913A-943; 
1914D-681. 

• — ^removal  of  building  as  subject  to  me- 
chanic's lien.     1912B-14. 

Subject  matter  of  litigation  removed  pend- 
ing appeal  as  contempt  of  appellate 
court.     1912A-516. 


REMOVING. 

Removing  from  state.     1912D-470., 


RENEWALS. 

Bills  and  notes,  estoppel  to  set  up  failure 
or  want  of  consideration  by  giving  re- 
newal note.     1916A-826. 

' — notice  of  dishonor  as  waived  by  renewal 
or  promise  to  renew  note.     1912A-442. 

— renewal  note  as  discharging  original. 
1915A-1084,  1094. 


RENTS  AND  PROFITS— REPAIRS. 


751 


RENEWALS— Continued. 

Leases,  breach  of  covenant  to  renew, 
measure  of  damages  recoverable  from 
lessor.     1913D-208. 

— covenant  of  renewal  as  enforceable  for 
part  only  of  leased  premises.     17-113. 

— holding  over  by  tenant  under  lease  giv- 
ing option  of  renewal  as  exercise  of 
option.     6-341;   19-399;  1915D-252. 

— ^implied  trust  arising  from  renewal  of 
lease.     7-295;   1912B-1100. 

— new  lease  of  premises  as  affecting  option 
for  purchase  contained  in  lease. 
1915A-357. 

— option  for  renewal,  time  for  which  re- 
newal may  be  had  under  indefinite 
agreement  in  lease  granting  option. 
6-102. 

— perpetual  renewal,  construction  of  cove- 
nant for  renewal  as  constituting  one 
for  perpetual  renewal.  13-1006; 
1916C-1096. 

Usury,  renewal  contract  as  affected  by 
usury  in  original  contract.  1918A- 
753,  769. 


RENUNCIATION. 

Contract,  renunciation  after  partial  per- 
formance, remedies  of  party.     1913C- 

387. 

Executor  or  testamentary  trustee,  what 
constitutes  renunciation  of  trust.  20- 
836;   1918D-459. 

— retraction  of  renunciation,  right  of  ex- 
ecutor or  testamentary  trustee. 
1916D-1301. 

Wills,  renunciation  of  legacy  or  devise,  as 
affecting  liability  to  succession  tax. 
10-1036. 

— widow's  renunciation  of  will,  effect  on 
rights  of  other  legatees  or  devisees. 
1913E-416;  1918C-412. 


REOPENING  CASE. 

Eight  of  court  after  submission  to  jury  to 
reopen  ease  for  reception  of  additional 
evidence.    1913C-1010. 


RENTS  AND  PROFITS. 

See  Landlord  and  Tenant. 

Decedent's  realty,  liability  of  personal  rep- 
resentative and  sureties  for  proceeds 
in  his  hands.     19-565. 

Fire  insurance,  loss  of  rents  indemnified 
against  by  policy,  construction  of  pro- 
vision.    18-514. 

Fraudulent  conveyance,  liability  of  grantee 
for   rents   and  profits.     1914A-1008. 

Judicial  sale,  right  of  purchaser  of  leased 
land  with  respect  to  rents.  1912B- 
398. 

Mortgages,  application  of  rents  and  profits 

in  hands  of   mortgagee  in  possession. 

3-1132. 
— bankruptcy  of  mortgagor,  right  to  rents 

and    profits    of    mortgaged    property. 

1913E-855. 

Profits  distinguished  from  rents.     20-691. 

Eoyalty  and-  rent,  distinction  between. 
19i6E-1225. 

Rental  value,  evidence  as  admissible  to 
show  value  of  use  of  chattel.  1914B- 
809. 

Tenant  in  common  in  sole  possession,  lia- 
bility to  account  to  cotcnant  for  rents. 
18-1082. 


REPAIRS. 

See   Landlord    and   Tenant;    Streets    and 
Highways. 

Automobiles,  lien  for  repairs.     1916A-630. 

Dower,  duty  of  tenant  in  dower  to  repair 
buildings  on  dower  land.     1912B-1215. 

Federal  Employers'  Liability  Act  as  pro- 
tecting railroad  employees  engaged  in 
making  repairs.  1914C-167;  1916E- 
476;   1918B-59,  70. 

Lien  for  repairs  as  assignable.  1916A- 
619. 

Master  and  servant,  assumption  of  risk 
by  servant  as  affected  by  master's 
promise  to  repair.  9-1011;  1913C- 
505. 

— machinery  or  appliances  repaired  after 
accident,  as  admissible  in  evidence. 
11-502;   1913E-356. 

Mechanics'  liens,  when  cover  repairs. 
1912B-12. 

Bailroads,  care  required  in  keeping  in 
repair  fences  on  railroad  right  of 
way.     11-430. 

Receivers'  certificates,  issuance  to  pay  for 
repairs.     1913C-48. 

Specific  performance  of  contract  to  repair. 
9-160;    1913A-923. 


752    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


KEFAIBS — Continued. 

Telephone  instrument,  neglect  of  com- 
pany to  repair  as  discrimination, 
toward  patrons.     1912C-141. 

Foil  bridges,  nature  of  repairs  required. 
11-1200. 

Trust  of  indefinite  duration  for  repair  of 
residence  as  offending  rule  against 
perpetuities.     1914B-551. 


REPLEVIN— Continued. 

Force  in  execution  of  writ,  use  by  officer. 
1915C-1142. 

Institution  of  suit  of  replevin  as  ground 
for  action  of  malicious  prosecution. 
18-812. 

Jurisdiction  of  action  to  recover  person- 
alty located  in  another  state  or 
county.     1912B-838. 


REPEALS. 

Ordinances,  implied  power  of  municipality 
to  repeal.     1913D-768. 

Statutes,  adopted  statute,  effect  of  repeal 
upon  adopting  statute.  9-303;  1916B- 
375. 

• — contract  made  void  by  statutory  provi- 
sion, effect  of  subsequent  repeal  of 
such    provision.     1913C-1398. 

— criminal  statute,  effect  of  repeal  after 
judgment.     1-220;   16-469. 

— implied  repeal  of  statute  by  code,  re- 
vision or  re-enactment.     5-202. 

— judgment  in  action  based  on  civil  stat- 
ute as  affected  by  its  repeal  there- 
after.    1912B-1157. 

— re-enactment  by  reference  in  later  stat- 
ute to  repealed  statute.     17—437. 

— revival  of  repealed  statute  as  accom- 
.plished  by  repeal  or  amendment  of 
repealing  statute.     1918B-281. 


REPETITION. 

Libel  or  slander,  repetition  by  others,  lia- 
bility of  author  of  libel  or  slander. 
1916E-908. 

— running  of  statute  of  limitations  against 
action  as  affected  by  repetition  of 
libel  or  slander.     1917C-66. 


REPLEVIN. 

1.  In  General. 

2.  Property  Subject. 

3.  Actions  and  Defenses. 

4.  Damages. 

5.  Return  of  Property. 

6.  Bond  in  Replevin. 

1.    In  General. 

Execution  as  evidence  of  officer's  right  to 
make  levy.    18-1128. 


2.    Property    Subject. 

Conditional  sales,  right  to  replevin  prop- 
erty held  under  contract  of  condi- 
tional sale.     1-268. 

Crops  growing  or  standing  as  personalty 
subject  to  replevin.     5—480. 

Deeds,  replevin  for  possession  of  deed. 
17-1016, 

Disposal  of  property  wrongfully  by  de- 
fendant, right  to  maintain  action  of 
replevin.     14-1120. 

Intoxicating  liquors,  liability  to  replevin. 
17-301. 

Mail  as  subject  to  recovery  in  replevin 
action    against    postmaster.     17-1071. 

Money  as  recoverable  in  action  of  re- 
plevin.    1916A-737. 

Seizure  of  goods  under  process  against  an- 
other, right  to  maintain  replevin.  7— 
907;    11-302. 

Stolen  goods,  recovery  in  civil  action 
against  thief.     19-647. 


3.    Actions  and   Defenses. 

Complaint,  allegation  as  to  ownership  or 
right  of  possession,  necessity  and 
sufficiency.     11-1150;   1912A-333. 

Demand  necessary  to  support  action,  time 
for   making.     14-S15. 

General  denial,  what  may  be  shown 
under.     20-297. 

Lien  as  showable  under  general  denial  in 
replevin.     20-299. 

Opinion  of  witness  as  admissible  to  show 
ownership   of   property.     1912C-666. 

Outstanding  title  in  third  person,  right 
of  defendant  to  show.     1912D-20. 

Parties  in  replevin,  general  rules.     1-984. 

Setoff  or  counterclaim  as  defense  to  ac- 
tion of  replevin.     1913A-105. 


REPORTS— REPRESENTATIVE  CAPACITY. 


753 


KEFLEVIN— Continued. 

Title  necessary  to  support  replevin,  gen- 
eral  rules.     1-984. 

Verdict,  effect  of  failure  to  find  unlaw- 
ful taking  or  detention.     20-430. 

— separate  valuation  of  several  articles 
involved,  necessity  that  verdict  give. 
1912D-849. 

4.    Damages. 

Depreciation  in  value  of  property  re- 
turned, right  of  defendant  to  com- 
pensation for.     2-961. 

Detention  of  property  during  appeal,  right 
of  successful  party  to  recover  dam- 
ages.    1916A-622. 

Punitive  damages  in  replevin  or  claim 
and  delivery  actions.     4-71. 

Value  of  use  of  property  while  deprived 
of  its  possession  as  recoverable  by 
successful  party.  1914A-378;  1917B- 
1086. 


5.    Eetum  of   Property. 

Refusal  to  receive  back  replevied  prop- 
erty and  sue  on  bond,  right  of  suc- 
cessful defendant  in  replevin.  1913E- 
1162;    1914D-111;    1917D-704. 

Return  of  part  only  of  property,  right  of 
plaintiff  against  whom  judgment  has 
been   rendered.     1912B-308. 


6.    Bond    in    Replevin. 

Attorney's  fees,  right  to  recover  in  action 
on  bond.     1916D-874. 

Breach  of  condition  to  prosecute  action, 
right  to  recover  value  of  property. 
4-1135. 

Discharge  of  surety  by  discharge  of  prin- 
cipal in  bankruptcy.     15-95S. 

Judgment  against  principal  as  evidence 
against    surety.     9-157;    1915D-407. 

Recitals  in  writ  or  bond  as  evidence  of 
value  in  action  on  bond.     18-113. 

Sureties  fewer  than  required  number,  ef- 
fect.    9-708. 

Third  person  adjudged  to  be  entitled  to 
property,  plaintiff's  undertaking  in 
replevin  as  inuring  to  former's  ben- 
efit.    1913D-1106. 

Index  to  Notes — 43 


REPORTS. 

"About,"  meaning  with  reference  to  quan- 
tity in  report.     1918D-706. 

Census  reports  as  evidence.     9-882. 

Corporations,  what  constitutes  "knowingly 
making  false  report  by  corporate 
officer."     1912A-435. 

Criminal  law,  falsity  of  reports  influ- 
encing criminal  act  as  admissible  in 
evidence.     11-607. 

Eminent  domain  commissioners,  amend- 
ment or  correction  of  report.  1915A- 
722. 

Grand  jury,  power  to  report  crime  or  mis- 
conduct otherwise  than  by  indict- 
ment  or   presentment.     1916E-228. 

— report  as  privileged  within  law  of  libel. 
1918E-1196. 

Judicial  decisions,  weight  and  effect  of 
opinions  not  officially  reported.  11— 
1107. 

Market  reports  as  evidence.  12-127; 
1913E-211. 

Mercantile  agency,  report  as  privileged 
witl\in  law  of  libel  and  slander.  12— 
149;   1916D-764. 

— statement  to  or  report  by  agency  as 
evidence.     1916D-760. 

Referee,  effect  of  failure  to  file  report 
within  time  fixed  by  statute  or  order 
of   reference.     1913D-604. 


REPRESENTATIONS. 

See   False   Pretenses;    Fraud;    Life  Insur- 
ance. 

Carrier's  liability  for  loss  or  injury  of 
goods  as  affected  by  misrepresenta- 
tion or  concealment  of  their  nature 
or  value.     5-120;   1912A-369. 

Character,  credit  or  ability  of  another, 
construction  of  statute  requiring 
representations  to  be  in  writing.  1- 
690;   12-332;   1914A-953. 


REPRESENTATIVE 
CAPACITY. 

Judgment  in  action  by  or  against  indi- 
vidual as  r?s  judicata  in  action  by 
same  person  in  representative  capa- 
city.    191SE-1103. 

— representative  capacity,  judgment  in  ac- 
tion against  person  as  res  judicata  in 


754    INDEX  TO  THE  NOTES,  1  ANN.  GAS.  TO  ANN.  CAS.  1918E. 


BEPRESENTATIVE  CAPACITY  —  Con- 
tinued. 

action    by    same    person    individually. 
1918E^1096. 

Pleading,  amendment  so  as  to  change  ca- 
pacity in  which  plaintiff  sues  from 
representative  to  individual  one  or 
vice   versa.     1916C-401. 

— executor  or  administrator,  necessity  of 
allegation  that  suit  brought  by  him  is 
in  representative  capacity.  1916E- 
114. 

REPUDIATION. 

Contract  to  convey  land,  necessity  of 
return  of  consideration  paid  on  re- 
pudiation of  contract  which  is  abso- 
lutely void.     1914C-898. 

Infant's  contract  for  services,  right  to  re- 
cover therefor  upon  repudiation  of 
contract.    1916E-261. 

— release  of  damages,  right  of  infant  to 
repudiate.     12-689;     1914A-997. 

Helease  of  damages  for  personal  injuries 
procured  by  fraud,  necessity  of  re- 
turning or  tendering  consideration 
upon  repudiation  of  release.  >  4-655; 
10-739;    1912D-1084. 

Specific  performance  of  contract  for  sale 
of  land,  repudiation  by  vendor  as 
obviating  necessity  of  tender  of  pur- 
chase price  as  condition  to  specific 
performance.     1913C-648. 

Stock  subscription,  right  of  subscriber 
after  insolvency  of  corporation  to  re- 
pudiate on  ground  of  fraud.     16-178. 

Vendee  repudiating  contract  on  ground  of 
statute  of  frauds,  right  to  recover 
for  his  acts  of  part  performance 
where  vendor  is  willing  to  carry  out 
contract.     1914D-471. 


REPURCHASE. 

Agent's    right    to    repurchase    for   himself 

after    sale    to    third    person.     1912A- 

1175. 
Corporate  stock,  validity  and  construction 

of  agreement  by  seller  to   repurchase 

on  demand.     19iSD-744. 


REPUTATION— Continued. 

Breach  of  promise  of  marriage,  admissi- 
bility in  evidence  of  reputation  of 
plaintiff.     1912D-963. 

Carriers  of  passengers,  bad  reputation  of 
person  as  conferring  right  on  carrier 
to  exclude  him  from  conveyances  or 
premises.     1913B-1347. 

Colored  persons,  status  as  determined  by 
reputation.     1912D-461. 

Disorderly "  houses,  general  reputation  of 
house  as  sufiieient  evidence  of  dis- 
orderly character.     12-273. 

Easements,  existence  of  private  right  of 
way  as  evidenced  by  reputation. 
1912A-847. 

Fellow-servant,  reputation  for  incompe- 
tency as  admissible  in  action  by  ser- 
vant against  master.     18-927. 

Fraud,  reputation  of  party  or  other  per- 
son charged  in  civil  action  with 
fraud  as  admissible  in  evidence.  8- 
1136. 

Homicide,  reputation  of  family  of  de- 
ceased, admissibility  of  evidence.  18- 
983. 

Insanity  as  provable  by  general  reputa- 
tion.    18-935. 

Libel  and  slander,  character  of  plaintiff 
in  civil  action  for  libel  or  slander, 
proof   as   to  particular  trait.     19-988. 

Malicious  prosecution,  admissibility  of 
evidence  of  plaintiff's  character. 
1916D-1167. 

Partnership,  general  reputation  as  evi- 
dence  of   partnership.     4-817. 

Penalties,  admissibility  of  evidence  of 
reputation  of  defendant  in  action  to 
recover   penalty.     1916D-1151. 

Eace  to  which  person  belongs  as  deter- 
minable by  evidence  of  repute. 
1914A-462. 

Seduction,  admissibility  of  reputation  of 
defendant  in  prosecution.     1916E-381. 

Witnesses,  admissibility  of  evidence  of 
reputation  to  impeach  or  sustain  wit- 
ness.    12-395. 


REPUTATION. 

Assault,  reputation  of  parties  to  civil  ac- 
tion, admissibility  of  evidence. 
1914B-881. 


REPUTED  TITLE. 

Admissibility  of  evidence  in  action  in- 
volving adverse  possession.  1914D- 
243. 


I 


BEQUIKE— RESCISSION,  CANCELLATION  AND  REFORMATION.    755 


REQUIRE. 

Liegal  meaning  of  "require."     1912A-1232. 


RESALES. 

Control  of  price  on  resale,  right  of  origi- 
nal vendor.     1916A-81. 

Frauds,  statute  of,  agreement  for  resale  of 
goods  sold  as  within  statute.     16-783. 

Patented  articles,  control  of  price  by 
patentee  or  vendor  on  resale  by  vendee. 
1915A-155;  1916A-84. 


RESCISSION,  CANCELLA- 
TION AND  REFORMA- 
TION. 

1.  Sescission  or  Cancellation. 

A.  In  General. 

B.  Grounds. 

C  Jurisdiction  and  Conditions  Prece- 
dent. 

2.  Beformation.  , 

1.    Rescission  or  Cancellation. 

A.      In   GENERAIi. 

■Contract  containing  no  stipulation  as  to 
duration,  right  to  terminate,  20-1104. 

— substitution  of  new  contract  between 
same  parties  as  rescission.  6-315; 
1912A-1258. 

Conveyance  conditioned  for  support  of 
grantor  by  grantee,  remedy  for 
breach.     12-901. 

— consideration  of  which  is  compounding 
of  felony,  right  to  rescission.  1913A- 
522. 

•Corporate  stock,   director's  purchase  from 

stockholder    as    subject    to    rescission 

by    latter.     2-877. 
— forged  or  spurious   certificates,  right  of 

bona  fide  holder  to  rescind  purchase. 

5-253. 

Executed   contracts,   rescission   of.     1-516. 

Insurance  contracts,  grounds  for  rescis- 
sion.    4-125. 

Sales,  goods  becoming  damaged  in  hands 
of  purchaser  as  affecting  his  right  to 
rescind  contract.     1916B-97.  , 

— necessity  that  rescission  of  sale  of  per- 
sonalty by  buyer  be  in  toto.  1912A- 
660. 


EESCISSION,  CANCELLATION  AND 
REFORMATION— Continued. 

— Uniform  Sales  Act,  right  to  rescind  con- 
tract for  sale  of  goods  thereunder. 
1918D-414,   417. 

— written  contract  for  sale  of  goods,  ne- 
cessity that  abandonment  or  rescis- 
sion  be   in  writing.     191SC-1213. 

Usurious  contract,  relief  by  suit  to  can- 
cel.    2-913. 

Vendor  and  purchaser,  assignee  of  con- 
tract for  purchase  of  land,  right  to 
sue   for   rescission.     1917E-845. 

— written  contract  for  sale  of  land,  ne- 
cessity that  abandonment  or  rescis- 
sion be  in  writing.     14-729. 

B.    Grounds. 

Breach  or  Default. 

Building  contract,  right  of  contractor  to 
rescind  for  failure  of  owner  to  make 
payment.     1916C-54. 

Remainders  and  reversions,  inadequacy  of 
consideration  as  ground  for  rescission 
of  sale  of  vested  interest.  1914B- 
1042. 

Restrictive  covenant  in  deed,  power  of 
court  to  cancel  as  cloud  on  title. 
1912A-765. 

Sales,  contract  for  successive  deliveries  of 
goods,  rescission  on  account  of  non- 
payment of  instalment.  3-901;  11- 
1049;  1913D-1021. 

Vendor  and  purchaser,  breach  by  vendor 
in  contract  for  sale  of  land  by  ten- 
dering less  land  than  quantity  con- 
tracted for,  right  of  purchaser  to  re- 
scind.    1916D-1154. 

— defective  title,  right  of  purchaser  in 
possession  of  land,  to  rescind  on  ac- 
count of.     3-366. 

Ignorance  or  Mistake. 

Deed  describing  quantity  as  "more  or 
less,"  equitable  relief  for  mistake, 
fraud  or  misrepresentation.  12-299; 
1917D-156. 

Ignorance  of  identity  of  purchaser  of 
realty  as  warranting  cancellation  of 
deed.     1912C-752. 

Mistake  due  to  negligence,  equitable  re- 
lief against  contract  on  account  of. 
5-214;   11-1164. 

Negligent  mistake  of  one  party,  rescission 
or    cancellation    for.     1913A-432. 


756    INDEX  TO  THE  NOTES,  1  ANN.  GAS.  TO  ANN.  CAS.  1918E. 


RESCISSION,      CANCEIiLATION      AND 

EEFORMATION— Continued. 

Purchase  of  own  property  by  mistake, 
right  to  relief.     18-328. 

Release,  right  to  rescind  for  mutual  mis- 
take of  law.     20-1247. 

Sale  of  business,  statement  of  opinion  as 

to     future     profits     of  business     as 

ground    for     rescission  of     contract. 
1916D-1040. 

Vendor  and  purchaser,  rescission  of  sale 
of  land  for  mistake  in  quantity.  4- 
52. 

Fraud  or  Concealment. 

Animal  for  breeding  purposes,  rescission 
of  sale  on  account  of  fraud.  1916A- 
575. 

Building  and  loan  contract  as  avoidable 
on  ground  of  fraud.     1917A-890. 

Cancellation  of  deed,  right  of  grantor  for 
misrepresentation  by  grantee  as  to  con- 
dition, value,  etc.,  of  property.  1912A- 
405. 

Corporate  stock,  right  after  insolvency 
of  corporation  to  rescind  subscription 
on  ground  of  fraud.     16-178. 

Duress,  contract  of  wife  induced  by 
threats  of  criminal  prosecution 
against  husband  as  voidable.     11-3S'5. 

Insolvency  of  vendee,  rescission  by  ven- 
dor because  of  failure  of  vendee  to 
disclose.     8-505. 

Limitations  on  right  to  rescind  fraudu- 
lent  contracts.     1-910. 

Misrepresentation  or  fraud  as  to  amount 
of  land  in  sale  of  realty,  equitable  re- 
lief in  case  of.     12-300;  1917D-156. 

Partnership  contract,  fraud  in  formation 
as  ground  for  rescission.     10-696. 

Sales,  rescission  of  contract  of  sale  on 
ground  of  fraud  or  false  representa- 
tions, right  of  purchaser  as  depend- 
ing on  his  having  been  damaged 
thereby.     14-261. 

Vendor  and  purchaser,  improvement  affect- 
ing property  sold,  false ,  statement  by 
vendor  of  intention  to  make  as  fraud 
suflScient  to  avoid  contract  or  deed. 
1914B-862. 

— 'intended  use  of  realty  purchased,  false 
statement  by  purchaser,  as  false  rep- 
reseiltation  warranting  cancellation 
of   deed.     20-913. 


RESCISSION,      CANCELLATION      AND 

REFORMATION— Continued. 

Incompetency  of  Grantor. 

Incompetent  person,  avoidance  of  deed  in 
action  of  ejectment.  14-507;  1915D- 
1205. 

Intoxicated  person,  right  to  rescind  or 
cancel  contract  entered  into.  1918E- 
335. 

C.    Jurisdiction    and    Conditions    Prece- 
dent. 

Adequate  remedy  at  law,  cancellation  in 
equity  of  instrument  procured  by 
fraud  when  law  remedy  exists.  8— 
548. 

Building  contract,  notice  to  complete  as 
condition  precedent  to  right  to  re- 
scind for  delay.     1914D-286. 

Judicial  sale  of  land,  jurisdiction  of 
equity  to  correct  mistake  in  descrip- 
tion.    11-85. 

Repudiation  of  contract  to  convey  land 
which  is  absolutely  void,  necessity 
for  return  of  consideration  paid. 
1914C-898. 


2.    Reformation. 

Bonds,  right  to  reform  bond  by  changing 
name     of    obligee.     1916C-184. 

Equitable  relief  against  contract  on  ac- 
count of  mistake  due  to  negligence. 
5-214;   11-1164. 

Fire  insurance  policy,  failure  of  insured 
to  read  as  precluding  right  to  have  it 
reformed  for  mistake.     20-365. 

Frauds,  statute  of,  effect  upon  powor  of 
equity  to  reform  contracts  on  ground 
of  fraud,  accident  or  mistake.  3-781; 
18-919. 

Homestead  conveyance,  right  to  reform. 
1916E-1131. 

Insertion  of  new  provisions,  power  of 
court  to  reform  contract  as  extending 
to.     1914D-227. 

Instrument  based  on  no  consideration, 
reformation  in  equity.     10-523. 

Mortgages,  right  of  purchaser  at  fore- 
closure sale  to  maintain  bill  in  equity 
to  correct  description  of  land  in 
mortgage.     1913D-1006. 

Mutual  mistake  as  ground  for  reforma- 
tion   of    written    instruments.     3-444. 


RESCUE  OF  FELLOW-WORKMAN— RES  GESTAE. 


757 


RESCISSION,  CANCELLATION  AND 
REFORMATION— Continued. 

— sufficiency  of  evidence  to  warrant, refor- 
mation of  instrument  on  ground  of 
mutual  mistake.     19-343. 

Purchaser  without  notice,  right  to  reform 
description  in  deed  or  mortgage  as 
against.     1918D-147. 

Reservation  of  crops  by  vendor,  reforma- 
tion of  deed   as  to.     18-507, 

Suretyship,  reformation  of  instrument  in 
equity  as  against  surety.     21-271. 

Tax  deed  as  subject  to  reformation.  20- 
457. 

Wills,  jurisdiction  of  equity  to  reform. 
15-141;  1917D-1157. 


RESERVATIONS— Continued. 

— petroleum  and  natural  gas  as  included 
under  reservation  of  mines  and  min- 
erals.    20-938. 

Eight  of  way  reservation,  change  in 
dominant  estate  as  affecting  ease- 
ment.    1914C-474. 

Suretyship,  extension  of  time  to  principal 
with  express  reservation  of  rights 
against  surety  as  discharging  latter. 
•1914B-1080. 

Tort-feasors,  release  of  one  joint  tort- 
feasor with  reservation  of  rights 
against  others,  effect.  1-63;  11-397; 
1913B-271. 

Water-power  grant,  reservations  there- 
under.    1916D-1011. 


RESCUE    OF   FELLOW- 
WORKMAN. 

Injury  resulting  as  accident  arising  out 
of,  and  in  course  of,  employment 
under  Workmen's  Compensation  Act. 
1913  C-14,   16. 


RESERVATIONS. 

See  Government  Reservations. 

Crops,  validity  of  parol  reservation  by 
vendor  of  land.     18-504;   1915A-1155. 

Dedication,  reservation  of  land  on  map 
or  plat  as  dedication  thereof.  1916D- 
1079. 

Deeds,  distinction  between  reservations 
and    exceptions.     lS-799;    1918A-877. 

— validity  of  reservation  in  favor  of 
stranger  to   conveyance.     1914B-1290. 

Easement  of  subterranean  drainage  es  im- 
pliedly reserved  in  conveyance 
making  no  reference  thereto.  1912C- 
856. 

Hunting  or  fishing  privilege,  construction 
of    reservation.     1914B-545. 

Landlord's  reservation  of  right  to  use  of 
part  of  demised  premises  as  implied. 
1914A-86. 

Mines  and  minerals,  open  quarrying  as 
not  included  under  reservation  of 
mines  and   minerals.     2-639. 

— perpetuities,  validity  of  reservation  of 
mineral  rights  in  perpetuity.  1912D- 
886. 


-      RESERVOIRS. 

Eminent  domain,  exercise  of  power  for 
construction  of  reservoir  to  regulate 
flow  of  river.     1915A-1111. 

Injury  to  trespassing  child,  liability  of 
land  owner  or  municipality  on  account 
of  unguarded  condition.  7-200;  11- 
990;    1913A-1032. 

Percolation  of  water  causing  damages, 
liability  of  owner.     5-681;  13-219. 


RES  GESTAE. 

Bystander's  declarations  at  time  of  acci- 
dent as  part  of  res  gestae.  1912C- 
319;    1917A-1009. 

Exclamations  and  expressions  of  pain, 
admissibility  in  evidence  in  actions 
involving  bodily  injuries.     1916A-830. 

Infant  present  at  time  of  accident, 
declarations  as  constituting  part  of 
res  gestae.     14-51. 

Larceny,  declarations  of  person  accused 
of  larceny,  admissibility  as  part  of 
res   gestae.     2-303. 

Public  officers,  declarations  or  admis- 
sions, necessity  that  they  be  part  of 
res  gestae  to  be  admissible  in  evi- 
dence.    3-749. 

Rape,  complaints  of  assault  as  constitut- 
ing.    2-237;   11-99. 

Statements  of  deceased  or  accused  before 
starting  on  journey,  admissibility  as 
part    of   res    gestae.     1913E-361. 

Threats  by  deceased  in  prosecution  for 
homicide  as  part  of  res  gestae. 
1912C-485. 


758    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


RESIDENCE. 

Annulment  of  marriage,  applicability  of 
statutory  provisions  as  to  residence 
of  plaintiff  in  divorce  actions. 
1912C-593. 

Attorneys,  residence  of  attorney  as  af- 
fecting   right    to    admission    to    bar. 

17-878. 

Eurglary,  sufficiency  of  indictment  with 
respect  to  description  of  building. 
1913D-868. 

Divorce,  certain  period  of  residence  in 
state  as  prerequisite,  validity  of 
statute    requiring.     1916E-1110. 

—necessity  of  alleging  residence  of 
plaintiff  in  petition  for  divorce.  12- 
1092. 

Domicile  as  synonymous  with  residence. 
1915C-786;    I918A-155. 

Elections,  change  of  residence  by  voter 
as  affecting  registration  for  election. 
1917A-1278. 

— qualification  of  voters,  residence  as 
synonymous  with  domicile.  19150- 
792,  804. 

— residence  at  school  or  public  institu- 
tion as  affecting  right  to  vote. 
1917C-403. 

Freeholder,  status  as  determined  by  resi- 
dence.    1913D-330. 

Homestead  exemption  of  residence  as 
covering  hotel  or  lodging-house. 
1913E-1257. 

Insurance,  construction  of  restriction  on 
residence  of  insured  in  life  or  bene- 
fit   insurance    contract;     1917A-381. 

Juror's  residence  in  county  or  munici- 
pality interested  in  suit  as  affecting 
his  competency.     6-961;   1913A-120. 

Limitation  of  actions,  foreign  statute  as 
affected  by  residence  of  parties.  14- 
43. 

Occupancy  of  land  as  dependent  upon 
actual  residence.     20-830. 

Paupers,  residence  of  settled  pauper  as 
governing  rights  on  division  of  dis- 
trict.    10-33. 

"Place  of  abode,"  meaning  of  term. 
19120-282. 

Eemoval  of  causes,  residence  of  parties 
in  petition  as  matter  for  state  court 
to  determine.     1912A-237. 


RESIDENCE — Continued. 

Residential  districts,  retail  stores,  validity 
of  ordinance  regulating  location  or 
construction  in  residential  districts, 
1915A-294. 

■ — segregation  of  persons  in  different  dis- 
tricts, validity  of  statute  or  ordi- 
nance providing  for.  1915B-964; 
1916E-1157;    1917B-155;    1917D-1127. 

— validity  of  municipal  ordinance  estab- 
lishing district  and  prohibiting  carry- 
ing on  business     therein.     1914A-132, 

Schools,  residence  of  pupil  as  affecting 
right  to  attend  public  school.  3-693; 
12-897;   1913B-1017. 

Taxation,  personal  property  and  inheri- 
tance taxation,  domicile  and  abode 
as  synonymous  within  statutes, 
19150^791,    796;    1917B-726,    780. 

Venue  of  action  to  set  aside  fraudulent 
transfer  of  land  as  determined  by 
residence    of   defendant.     1913D-664. 

Workmen's  compensation,  residence  of 
beneficiary  as  affecting  right  to  com- 
pensation under  act.  1912D-862; 
1918B-634. 


RESIDENT  AGENTS. 

Foreign  corporations,  validity  of  statute 
requiring  appointment  of  resident 
agent  for  service  of  process.     6-42. 


RESIDUE. 

Meaning  of  "all"  as  used  in  will  in  con- 
nection with  "rest,"  "residue"  or  "re- 
mainder."    1917E-76. 


RESIGNATION. 

Olub  or  society  member.     19130-399. 

Election  contest,  resignation  of  contestee 
as  defense  to  contest  proceedings. 
1912D-265. 

Employee's  resignation,  effect  on  rights 
of  parties  to  contract  of  employment. 
1916A-1011. 

Executor,  effect  of  resignation  on  his 
powers  or  duties  as  trustee.  19140- 
609. 

Judge,  resignation,  as  affecting  right  to 
practice   as   attorney.     1914B-449. 

Public  officer,  acceptance  of  resignation, 
necessity  of.     13-873. 


RES  IPSA  LOQUITUR— RESTITUTION. 


759 


RESIGNATION— Continued. 

— person  or  body  to  whom  resignation 
should  be  tendered.  6-688;  1913C- 
604. 

— time  of  resignation  of  public  officer. 
1915C-346. 

— withdrawal  of  resignation,  right  of  offi- 
cer.    5-689;   15-139. 

Eeferee,   right  to   resign.     1915A-535. 


RES  IPSA  LOQUITUR. 

Boiler  explosion,  doctrine  of  res  ipsa 
loquitur    as    applicable.     1912A-980. 

Burden  of  showing  negligence,  rul*?  of 
res  ipsa  loquitur  as  relieving  plain- 
tiff.    1914D-908. 

Child  run  over  in  street,  applicability 
of  doctrine  of  res  ipsa  loquitur. 
1913C-1056. 

Electric  appliances  on  private  property, 
doctrine  as  applicable  to  injury  to 
person  therefrom.     1913A-1184. 

Elevators,  fall  of  elevator  as  presump- 
tive negligence  on  part  of  owner  or 
operator.     8-976. 

Fall  of  structures  projecting  over  street, 
as  awnings,  signs,  cornices,  heavy 
lamps.     10-718. 

Master  and  servant,  doctrine  of  res  ipsa 
loquitur  as  applicable  to  relation. 
1914D-94;   1915C-515;   1916B-752. 

— injury  to  servant  caused  by  falling  of 
object  during  building  construction, 
doctrine   as    applicable.     1912D-436. 

— unexplained  starting  of  machine 
whereby  employee  is  injured  as  war- 
ranting inference  of  negligence  on 
part  of  employer.  1912D-511;  1916B- 
218. 

Walls,  application  of  doctrine  to  fall  of 
wall  injuring  person  in  highway. 
1916E-1073. 

X-rays,  rule  as  applicable  in  case  of  in- 
jury from  use  of  X-rays.  1918E- 
258. 


RESISTING  OFFICER. 

Defense  of  property  as  justification  for 
assault   on   officer.     1917D-293,   305. 

What  constitutes  offense.  17-401;  1914B- 
813. 

RES  JUDICATA. 

See  Judgments. 

RESOLUTIONS. 

"About,"  meaning  with  reference  to  quan- 
tity.    1918D-706. 

Legislature,  joint  resolution  as  having 
force  and  effect  of  law.     18-706. 

— ^reconsideration  of  vote  on  resolution, 
power  of  legislature.     1913B-611. 

Municipal  corporations,  propriety  of  exer- 
cise of  power  by  resolution.  3-654; 
I913C-1321. 


REST. 

Meaning  of  "all"  as  used  in  will  in  con- 
nection with  "rest,"  "residue"  or  "le- 
mainder."     1917E-77. 


RESTAURANTS. 

Implied  warranty  of  fitness  of  food 
served  supporting  recovery  of  con* 
sequential  damages  for  breach.  16- 
498;    1913B-1114;   1915C-143. 

Person  injured  by  eating  in  restaurant, 
liability  of  proprietor  as  for  negli- 
gence.    1914B-885;  1916D-921. 

Eestaurateur     as 
1916A-1201. 


engaged     in     "trade." 


REST  DAY. 

Weekly  rest    day  for   employees,   validity" 
of   statute  requiring.     1916D-1058. 


RESTING. 

Employee  stopping  work  to  rest  as  affect- 
ing relation  of  master  and  servant. 
1913C-948;   1918A-1196. 


RESISTANCE. 


RESTITUTION. 


"Rape,    degree    of    resistance    necessary    to      Amount   where  property  sold  under  judg- 
establish   absence    of    consent.     9-572.  ment    subsequently    reversed.     15-672. 


760    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


RESTITUTION— Continued.. 

Property  received  under  judgment,  right 
to  enforce  restitution  by  contempt 
proceedings.     1913E-1004. 


RESTORATION  OF  PROP- 
ERTY. 

Divorced  person's  right  to  bring  inde- 
pendent action  against  former  spouse 
for  restoration  of  property.  1917A- 
1243. 

Embezzlement,  restoration  of  property  as 
defense   to   prosecution.     1916C-66. 

Larceny,  restoration  of  property  as  de- 
fense to  prosecution.     1916C-68. 

Status  quo  of  seller,  necessity  for  res- 
toration on  rescission  of  sale  of  per- 
sonalty by  buyer.     1912A-660. 

Wife's  right  to  restoration  of  property 
in  action  for  divorce.     21-1103. 


RESTRAINING  ORDERS. 

Distinction  between  temporary  injunction 
and    restraining    order.     1917B-123. 


RESTRAINT  OF  MAR- 
RIAGE. 

Contracts  in  restraint  of  marriage,  le- 
gality.    4-732;    10-572. 

Deed,  validity  of  condition  in  restraint 
of   marriage.     1917D-282. 

Testamentary  disposition  in  restraint,  va- 
lidity of.     5-138;  9-1143;  1918B-1141. 

RESTRAINT  OP  TRADE. 

See  Monopolies. 

RESTRAINT   ON   ALIENA- 
TION. 

Partial  or  limited  restraint  on  alienation 
of  fee  simple  estate,  validity.  7- 
319;    1912C-1329;    1916D-12o4. 

RESTRICTIVE   COVENANTS. 

See  Deeds;  Landlord  and  Tenant;  Vendor 

and  Purchaser. 

RESULTING   TRUSTS. 

See  Trusts  and  Trustees. 


RETAIL  DEALERS. 

Burden  of  proof  of  sale  to  unlicensed 
retail  dealer  in  prosecution  for  illegal 
sale    of   liquor.     1913C-638. 

Hawker  and  peddler  license  regulations 
applying  to.     1912D-1291. 

RETRACTION. 

See  liibel  and  Slander. 


RETREAT. 

Assault  of  person  on  own  premises,  right 
to  repel  attack  without  retreating. 
5-999;    15-51;   1916C-918. 


RETROACTIVE  STAT- 
UTES. 

Limitation    statute,   retroactive   operation. 
4-166;    1912A-1041. 

Succession    tax    acts,   .prospective    or    re- 
troactive   operation.     2-608. 

Tax  lien,  retroactive  operation  of  statute 
giving    priority.     1913B-o20. 

Workmen's   Compensation  Act  as  retroac- 
tive in  operation.     1918B-617. 


RETURNING. 

"Eeturning"    to    state,    what    constitutes. 
1912D-471. 


RETURNING  FROM 
WORK. 

Federal  Employers'  Liability  Act  as  pro- 
tecting railroad  employees.     1918B-66. 

Injury  as  accident  arising  out  of  and  in 
course  of  employment  within  Work- 
men's Compensation  Act.  1913C-24; 
1914B-504;     1916B-1314;     1917D-199. 

RETURNS. 

See  Elections;    Process. 


REVENGE. 

Dying  declaration,  admissibility  as  af- 
fected by  desire  for  revenge  on  part 
of   declarant.     1917A-1247. 


REVENUE— REVOCATION. 


761 


REVENUE. 

Legal   meaning  of  term.     1918B-200,  224. 

REVENUE  DEBTS  OR 
CHARGES. 

Legal  meaning  of  phrase.     1918B-219. 

REVENUE  LAWS. 

Legal    meaning    of    term.     1918B-213. 

REVENUE  MEASURE. 

Legal    meaning.     1918B-218. 

REVENUE  STAMPS. 

Absence    of    stamp    as    affecting    admissi- 
bility of  document  in  evidence.     1-24. 

REVENUE  TAX. 

Legal  meaning  of  term.     1918B-219. 

REVERSAL. 

See  Appeal  and  Error. 

REVERSIONS. 

^ee   Bemainders   and   Beversions. 


REVERTER. 

Abandonment      of      dedicated      highway, 
where   title  vests  on.     1-456. 

Breach    of    conditions    in    deeds    or    wills 
effecting  reverter.     3-38. 

Dedication,    what    causes    reverter    after 
dedication.     1-455. 

Eminent   domain,   reverter  of   land   taken 
when   public   use   ceases.     19-155. 

REVIEW. 
See  Appeal  and  Error;  Bills  of  Eeview. 


REVISION  OF  LAWS. 

Implied    repeal    of   statute   as   created   by 
revision.     5-202. 


REVIVAL. 

See  Limitation  of  Actions. 

Bankruptcy,  sufficiency  of  part  payment 
as  new  promise  to  revive  debt  dis- 
charged   in    bankruptcy.     19-147. 

— unconditional  promise  to  revive  debt 
discharged  in  bankruptcy  or  insol- 
vency.    9-646;   1913C-742. 

— when  promise  to  pay  debt  must  be 
made  in  order  to  revive  debt.  7— 
972;    1914D-667. 

rire  insurance,  occupancy  after  vacancy 
as  revival  of  policy.  9-55;  1916C- 
770. 

—satisfaction  of  lien  or  incumbrance  at- 
taching to  property  in  violation  of 
policy  as  revival  of  policy.  1917B- 
1241. 

Divorce,  revival  of  grounds  after  con- 
donation.    1912C-17;  1918A-657. 

Frauds,  statute  of,  revival  by  oral  agree- 
ment of  defunct  contract  for  sale  of 
land  ^s  within  statute.     17-1111. 

Judgments,  prohibiting  revival  as  impair- 
ment  of    obligation    of   contracts.     3-  ^ 
.  1148. 

Mortgages,  act  of  grantee  of  land  who 
takes  subject  to  mortgage  as  reviving 
debt  secured  by  mortgage.  1914C- 
1111. 

— revival  of  lien  of  barred  mortgage  by 
payment  on  barred  debt  secured 
thereby.     1912B-508. 

Statutes,   repealed   statute   as   revived   by 
amendment     or    repeal    of    repealing 
s      statute.     1918B-281. 

Wills,    codicil    as    reviving    revoked    will. 

1-671. 
— destruction  of  revoking  will  as  revival 

of      revoked      will.     4-313;      13-245; 

1913E-120. 

— revival  of  will  revoked  by  marriage. 
1917D-1175. 


REVOCATION. 

See   Wills. 

Agency,  revocation  by  death  of  princi- 
pal.    1^17E-380. 

Arbitration  and  award,  institution  of  ac- 
tion as  revocation  of  submission  to 
arbitration.     21-956. 

— revocability  of  agreement  to  submit 
to    arbitration.     1914B-300. 


762    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


EEVOCATION— Continued. 

Brokers,  revocation  of  authority  of  real 
estate  brokers.  2-886;  12-1085; 
1918D-339. 

Dedication  of  land  to  public  use,  revoca- 
bility.     1917A-1109. 

Electric  company,  revocation  of  right  to 
maintain  poles  and  wires  in  street. 
1917E-520. 

Executors  and  administrators,  validity  of 
acts  of  administrator  whose  appoint- 
ment is  revoked  by  subsequent  dis- 
covery   of    will.     1917B-112S. 

Gifts,  •  conditional  gift  inter  vivos, 
revocability.     1915D-695. 

Insurance,  law  governing  revocation  of 
interest        of        beneficiary.        19-40. 

Intoxicating  liquors,  revocation  of  li- 
cense, right  to  judical  review. 
1917A-1024. 

License,  revocability  of  executed  license 
on  faith  of  which  licensee  has  in- 
curred expense.  7-706;  "  13-843; 
1913A-74. 

Naturalization,  grounds  for  revocation. 
1917C-45. 

Pardons,  revocation  of  conditional  pardon. 
7-92;   13-1105. 

Trusts,  effect  of  death  of  donor  without 
exercising  power  of  revocation.  €- 
189. 


REVOLVINa  DOORS. 

Liability    of    proprietor    for    injuries    re- 
ceived   in    revolving    door.     16-117. 


REWARDS. 

Erroneous    payment  of    reward,    right    of 

person     entitled  thereto     to     recover 

from   person   to  whom   paid.     1913E- 
973. 

Knowledge    of    offer    as    prerequisite    to 
right    to    reward.     1-285;     1915B-671. 

Lien   for   reward    offered,   right   of   finder 
of    lost    property.     1913B-/1277. 

Municipal    or    private    corporation,    power 
to  offer  reward.     3-157;   21-62. 

Public    officer,    right    to.     10-729;    1912C- 
1294;    1915A-726;    1915D-258. 


SEWABDS — Continued. 

Sufficiency  of  performance  to  entitle  per- 
son  to.     8-860;    14-802;    1915B-667. 

Withholding  lost  property  for  purpoM 
of   procuring,   as    larceny.     20-1385. 


RHEUMATISM. 

Accident  insurance,  rheumatism  as  acci- 
dent within  meaning  of  policy.  2- 
141. 

Workmen's  compensation,  rheumatism  as 
accident  in  course  of  employment 
within   act.     1916E-166;    1918B-779. 

RIBS. 

Fracture  or  injury,  excessiveness  or  in- 
adequacy of  verdict.  16-32;  1913 A- 
1373;    1916B-435. 


RICE  BEER. 

Judicial  notice  with  respect  to  intoxicat- 
ing nature.     1914C-876. 


RIDICULE. 

Words   holding  woman   up    to   ridicule   as 
actionable.     1914A-1127. 


RIDING  AS  PASSENGER. 

"Accident   insurance,"   meaning   of   phrase 
in   policy.     1913A-840. 


RIDING  ON  PLATFORM. 

Injuries   received   by  passenger   riding   o% 

platform,     liability     of     railroad.     1- 

315;   10-816. 
Kule     of    carrier     prohibiting     passengers 

from  riding  on  platform,  validity  and 

enforcement.     1918C-534. 


RIDING  TO  OR  FROM 
WORK. 

Master  and  servant,  applicability  of 
fellow-servant  doctrine  to  employee 
riding  '  in  master's  vehicle.  11-374; 
16-289;    1912D-63. 

Workmen's  compensation,  injury  incurred 
as  accident  in  course  of  employment 
within  act.  1913C-21,  24;  1916B - 
1313,    1315;    1918B-821. 


RIFLE  RANGE— ROBBERY. 


763 


RIFLE  RANGE. 


RIOT. 


Public     works,     term     as    including  rifle      Distinction     between     and     unlawful     as- 
range.     11-596.  sembly.     17-1149. 

"What     constitutes     riot     for     which     mu- 
1  .  nicipality  is  liable.     11-185;   18-151. 

RIGHT  HEIRS. 

Construction    of   phrase    as    used    in  will.  RIPARIAN  OWNERS. 

16-298.  S^®  Waters  and  Watercourses. 


RIGHT  OF  PRIVACY. 

See  Privacy,  Eight  of. 

RIGHT  OF  WAY. 

See  Bailroads. 

Accident  insurance,  meaning  of  term 
"right  of  way"  in  policy.     12-46. 

Change  in  condition  of  dominant  estate 
as  affecting  easement  of  right  of 
way.     19140^74. 

Duty  to  repair  and  protect  private  right 
of  way  as  resting  on  owner  of  domi- 
nant or  servient  estate.     14-1139. 

Eminent  domain,  right  to  compensation 
for  taking  private  right  of  way.  19- 
681. 

Exception  and  reservation  of  right  of 
way  in  deed,  distinction  between. 
18-801. 

Forfeiture  of  easement  of  right  of  way 
by   nonuse.     1917D-595. 

Implied  easement  of  right  of  way,  neces- 
sity as  essential  to  creation.  1913C— 
1112. 

Indefinite  location  of  right  of  way  by 
parties    interested,    effect.     1-6S1. 

Land  owner's  right  to  cross  right  of  way 
of  another  located  on  his  land. 
1915C-1192. 

Lease  as  passing  right  of  way  to  lessee 
under  general  demise  of  premises. 
19-1202. 

Mineral  land,  conveyance  as  including 
way  of  necessity  thereto.  1913B-- 
1108. 

Third  person's  liability  to  landlord  for 
entry  under  or  obstruction  of  right 
of    way.     1912D-124. 


RISKS. 

Accident  arising  out  of  employment.     See 
Workmen's    Compensation. 

Assumption  of  risk.     See  Master  and  Ser- 
vant. 


Increase   of  risk   under  policy. 
Insurance. 


See  Fire 


RIVERS. 

See  Waters  and  Watercourses. 

Workmen's  Compensation  Act  as  applica- 
ble to  employees  in  river  and  harbor 
work.     1917D-27. 

ROAD  COMMISSIONER. 

Bead  commissioner  as  municipal  officer. 
1914D-1236. 

ROADS. 

See  Streets  and  Highways. 

Term  "road"  as  including  "street." 
1914A-775. 


ROADWAY. 

Meaning   as   applied   to   railroad.     1918D- 

728. 


ROBBERY. 

Attempt  to  commit  robbery  or  assault 
with  intent  to  commit.  1918A-406, 
421. 

Carrier  of  passengers,  liability  of  carrier 
(other  than  sleeping-car  company) 
for  robbery  of  passenger  by  stranger. 
1918E-582. 

■ — sleeping-car  company,  duty  to  protect 
passenger    from    robbery.     1913A-900. 


764    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


BOBBEBY — Continued. 

Consent  on  part  of  person  robbed,  what 
constitutes.     13-460. 

"Crime"  for  conviction  of  which  witness 
may  be  impeached.     1916A-277. 

Cruel  and  unusual  punishment,  what  is. 
19-728;  1918B-400. 

"From  the  person,"  taking  from  the  per- 
son as  essential  element  of  robbery. 
8-127. 

Indictment,  description  of  property  taken, 
sufficiency  with  respect  to.  1912B- 
402. 

— necessity  that  indictment  or  information 
allege  asportation  or  "carrying  away." 
5-687. 

Inducement  to  commit  with  view  to  pros- 
ecution as  constituting  defense.  17- 
298. 

Intent  to  steal  as  element  of  crime.  21- 
1138. 

Length  of  possession  of  property  by  taker 
necessary  to  constitute  robbery.  14- 
188. 

Libel  and  slander,  charge  of  robbery  as 
libel  or  slander  per  se.     5-855. 

Malicious  prosecution  for  robbery,  exees- 
siveness  or  inadequacy  of  verdict. 
1916C-261. 

Money  obtained  by  impersonating  officer 
as  robbery.     12-63. 

One's  own  property,  or  property  believed 
to  be  one's  own,  taking  as  robbery. 
13-775. 

Eetaking  money  lost  at  gaming  as  robbery. 
21-1139. 

Snatching  article  from  person  or  imme- 
diate presence   of  owner  as.     21-673. 

Taking  property  from  person  other  than 
owner  as  constituting  robbery.    2-264. 


ROLLER-COASTER. 

Noise     arising    from    exercise    of    lawful 
amusement    as    nuisance.     1912B-429. 


ROLLING  STOCK. 

Name  on  railroad  rolling  stock  as  evidence 
of  ownership.     1915B-354. 

Taxation,  situs  of  railroad  and  street  rail- 
way rolling  stock  for  purpose.  10- 
355. 


ROOF. 

Leased  premises,  respective  rigjits  of  land- 
lord and  tenant.     16-1209. 


ROOMING-HOUSES. 

Licensing  or  regulating  rooming-houses, 
validity  of  statute  or  ordinance. 
1916C-290. 


ROOMS. 

Burglary,  description  in  indictment,  neces- 
sity of  alleging  number  of  room  or 
apartment.  1913D-876. 


ROUNDHOUSE. 

Burglary,    sufficiency    of    indictment   with 
respect  to  description.     1913D-875. 


ROUNDING  CURVES. 

Liability  of  street  railway  company  for 
injuries  caused  by  striking  pedestrian 
in  rounding  curve.     1916E-679. 


ROUTES. 

street  railway  cars,  regulation  of  re-rout- 
ing.    1912B-1024. 


ROCK. 

Deadly  weapon,  rock  as.     1912A-1333. 

Dumping  rock  on  land  as  making  it  part 
thereof.     1914C-1154. 


ROYALTIES. 

Patent    royalties,     jurisdiction     by     state 
court  of  action  to  recover.    1916B-805. 

Kent    and    royalty,    distinction    between. 
1916E-I225. 


ROENTGEN  RAYS. 

See  X-rays. 


RUBBISH. 

See  Garbage. 


RUDENESS— RUNAWAY  HORSES. 


765 


RUDENESS. 

Carrier  of  passengers,  liability  for  rude 
or  insulting  language  of  employee. 
1914A-17. 

Public  officer,  rudeness  or  incivility  as 
ground  for  removal.     1912C-275. 


RULE  OF  PROPERTY. 

Single   decision,  as  stare   decisis.     1914A- 
1083. 


RULES. 

Attorneys,  validity  of  rule  regulating  ad- 
mission  to   bar.     1917A-552. 

Board  of  trade,  validity  of  rule  prohibit- 
ing purchase  by  member  of  grain  "to 
arrive"  after  close  of  board.  1918D- 
1210. 

Carriers  of  goods,  amount  of  liability  fixed 
by  rule,  effect  of  shipper's  knowledge. 
12-1127. 

— reciprocal  demurrage,  validity  of  rule 
providing  for.     1916E-701. 

Carrier  of  passengers,  animals  excluded 
from  passenger  conveyances,  validity 
and  enforceability  of  rule.  1912C- 
1149. 

— failure  to  enforce  rule  as  affecting  con- 
tributory negligence  of  passenger  in 
violation  thereof.     1916E-1308. 

— fares  payable  into  box,  register  or  the 
like,  validity  of  rule  requiring  pas- 
senger to  deposit.  1912C-1290; 
1918D-473. 

— riding  on  platform,  validity  and  enforce- 
ability of  rule  prohibiting  passengers. 
1918C-534. 

— seats,  validity  of  rule  regulating  manner 
of  using.     1915D-188, 

Clearing-house  rules.     1914C-514. 

Court  rules,  contravention  of  common  law 
or   statute,   validity   of   rule.     19-801. 

— disregard  of  rules,  power  of  court  to 
disregard.     6-592. 

— ^introduction  of  evidence  on  point  not 
disputed  by  parties,  validity  of  rule 
dispensing  with.     1912D-793. 

— jury  trials,  validity  of  rule  regulating 
right.     1914B-1184. 

Irrigation     company,     validity     of     rules. 

1912D-137. 
Labor  union,  validity  of  rule  as  affecting 

third   person.     1918D-653,   668. 


BUIiES — Continued. 

Master  and  servant,  admissibility  in  evi- 
dence in  action  to  recover  for  injuries 
caused  by  negligence  of  servant.  21- 
147;  1915C-913. 

— ibreach  by  servant  of  master's  rule  as 
ground  for  forfeiture  of  "wages. 
1914A-46. 

• — discharge  of  servant,  disobedience  of 
rules   as   ground.     1916A-1029. 

— disobedience  of  rules  as  affecting  ser- 
vant's right  to  recover  for  injuries. 
8-3;  10-152;  1912  A-84. 

— ^reasonableness  of  master's  rules  as  ques- 
tion  of    law   or   fact.     1913C-187. 

Municipal  council,  validity  of  ordinance 
passed  in  violation  of  rules.  1914D- 
1199. 

Railroads,  obedience  or  disobedience  as 
affecting  recovery,  for  injuries  by 
track   repairer.     8-336. 

Reasonableness  of  rules  for  conduct  of 
business  of  quasi-public  nature  as 
question  of  law  or  fact.     3-715. 

Steamship  companies,  effect  upon  liability 
for  loss  of  passenger's  effects  of  rule 
forbidding  taking  baggage  to  state- 
rooms.    1918E-592. 

Stock  exchange,  validity  of  rule  with 
respect  to  seat  of  insolvent  or  de- 
faulting member.     1916E-879. 

Street  railway,  validity  of  rule  with  re- 
spect to  use  of  transfer.     1916D-586. 

Workmen's  compensation,  disobedience  as 
affecting  right  to  compensation  as  ac- 
cident arising  out  of  and  in  course  of 
employment.  1914B-502,  503;  1916B- 
1310. 

RUMORS. 

Admissibility  in  evidence  to  prove  truth 
of  charge  in  action  for  libel  or  slander. 
1915D-892. 

Bad  character  of  plaintiff,  admissibility  of 
rumors  in  civil  action  for  libel  or 
slander.     19-989. 


RUNAWAY  HORSES. 

Defective  street  and  runaway  horse  as 
concurring  causes  of  injury,  liability 
of   city  or  town.     2-180;   il-512. 

Injuries  caused  by  runaway  horse,  liability 
of  owner.  5-877;  10-865;  17-812; 
1916E-1114. 


766    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


RUNAWAY  HORSES— Continued. 

Liability  of  independent  contractor  work- 
ing for  city  for  injuries  to  runaway 
horse.     1914C-254. 

RUNNINa-BOARDS. 

Contributory  negligence  of  passenger  in 
riding  or  standing  on  running-board 
of  open  street-car.  4-666;  1914A- 
1172. 

Employee  on  ruuning-board  injured  by 
coming  in  contact  with  structure  or 
object  near  car,  liability  of  street  rail- 
way company.     1913E-1072. 


RUPTURE. 

Accident  arising  out  of,  and  in  course  of, 
employment  within  Workmen's  Com- 
pensation Act.  1918B-773,  780,  807, 
815. 


RUPTURE  OF  BLOOD 
VESSEL. 

Accident  insurance,  intentional  exertion 
causing  rupture  as  "accidental  means" 
of  injury  within   policy.     1-790. 

Workmen's  compensation,  rupture  of  blood 
vessel  as  accident  in  course  of  em- 
ployment within  act.     1918B-777,  788. 

RURAL  HIGHWAYS. 

See  Streets  and  Highways. 

RURAL  PROPERTY. 

Special  assessments,  validity  of  levy  by 
front-foot  instead  of  according  to 
benefits.     1913A-662. 

RUTS. 

Liability  of  municipality  for  injuries  due 
to  rut  in  highway.     10-538. 


s 


''B.'' 


Addition  or  omission  of  final  "s"  as  affect- 
ing application  of  doctrine  of  idem 
sonans.     1918A-351. 


SADDLE-MAKERS 

Saddle-maker  as  engaged  in  trade.    1916A- 
1201. 


SAFE  CARS. 

Liability  of  carriers  of  goods  for  failure 
to  furnish.     9-990. 


SAFE  DEPOSIT. 

Garnishment  of  property  in  deposit  box. 
1914A-968. 

Gift  causa  mortis,  delivery  of  key  of  box 
as  sufficient  delivery  of  contents  to 
support  gift.     1914A-529. 

Mutual  rights  and  liabilities  of  owner  and 
lessee.     1912B-441;   1918C-910. 


SAFE  PLACE. 

Carrier  of  passengers,  baggage,  duty  of 
carrier  to  provide  safe  place  for  de- 
livery   to   passenger.     1916C-1213. 

Fire  insurance,  what  constitutes  safe  place 
under  iron-safe  clause  of  policy. 
1918E-399. 

Master  and  servant,  applicability  of 
master's  duty  to  servant  engaged  ir 
making  place  safe  or  in  good  repair. 
12-623. 

— ^passage  to  and  from  work,  duty  of 
master  to  provide  safe  place  for  ser- 
vani;.     5-712;   1913E-1033. 

— third  person's  premises,  duty  of  master 
to  furnish  safe  place  as  applicable 
to  servant  sent  to  work  on  another's 
premises.     1913B-796. 

Street  railways,  duty  to  provide  safe  place 
for  boarding  and  alighting  from  cars. 
1-916;   9-854;   1915A-213. 


SAFES. 

Fire  proof  safe,  within  meaning  of  iron- 
safe  clause  of  insurance  policy.  9— 
469. 


SAFETY  APPLIANCE  ACT— SALES. 


767 


SAFES — Continued. 

Name  on   safe  as  evidence  of  ownership. 
1915D-3o5. 

Wli,at  is  suflfieient  levy  of  attachment  on 
contents  of  safe.     1916B-996. 


SAFETY  APPLIANCE  ACT. 

See  Federal  Safety  Appliance  Act. 


SAFETY  BRAKES. 

street  railways,  validity  of  ordinance  re- 
quiring ears  to  be  equipped  with  safe- 
ty brakes.     1913B-660. 


SAFETY  DEVICES. 

Automobiles,  municipal  regulations  as  to 
safety   devices.     1916EJ-1049. 

Landlord's  failure  to  comply  with  law  or 
regulation  as  affecting  right  to  recover 
rent.     1913B-406. 

Master's  promise  to  furnish  as  relieving 
servant  from  assumption  of  risk.  17- 
896. 

State  regulation  as  to  safety  devices  as 
interference  with  interstate  commerce. 
1917A-975. 


SAID. 

Legal  meaning  of   "said."     1917D-603. 

SAILORS. 

See  Army  and  Navy;  Ships  and  Shipping. 

SALARY. 

See  Public  Officers. 

Assignment  of  unearned  salary  by  public 
officer.     4-423;  10-636;  1913B-1080. 

Garnishment,  salaries  of  public  officers  or 
employees  as  subject  to.     17-525. 

"Profits,"  as  element  of  compensation  in 
salary  contract,  legal  meaning  of 
word.     20-688. 

Teachers,  validity  of  statute  fixing  mini- 
mum salary.     1916E-420. 


SALES. 

1.  In  General. 

2.  Definitions. 

3.  Statutory  Regulation. 

4.  Validity  and  Construction  of  Contract. 

5.  Frauds,  Statute  of. 

6.  Delivery  and  Acceptance. 

7.  Passing  of  Title. 

8.  price. 

9.  Warranty. 

10.  Breach  of  Contract. 

11.  Injuries  Caused  by  Defects  in  or  Na- 

ture of  Article  Sold. 

12.  conditional  Sales. 

See     Execution     Sales;     Judicial     Sales; 
Pledges;  Tax  Sales. 

1.    In  General. 

Agency,  damages  recoverable  by  agent 
where  principal  invades  exclusive  sell- 
ing territory.     1912C-1252. 

• — right  of  agent  to  commission  where 
buyer  rejects  goods  or  fails  to  pay. 
1915B-169;    1915D-539. 

— sale  by  agent  to  himself,  validity. 
1912A-1172. 

Aliens,  executory  contracts  with  alien  'ene- 
mies as  dissolved  or  suspended  by 
war.     1917C-203. 


Auctions,   conditions  of 
1912A-1128. 


sale   at   auctions. 


Wages   and   salary   distinguished. 
321. 


1917C- 


Automobile  sales,  agency  contracts,  nature 
and  construction.  1917E-568,  581; 
1918E-466. 

Business,  covenant  by  vendor  not  to 
engage  in  same  business,  injunction 
as  remedy  for  breach.  15-692;  1916C- 
187. 

— goodwill  as  passing  without  mention  on 
sale  of  business.     18-433;  1917A-1015. 

— measure  of  damages  for  breach  of  agrae- 
ment  by  seller  not  to  engage  in  same 
biisiness  in  competition  with  buyer. 
1914A-1153. 

— iparol  evidence  as  admissible  to  show 
that  seller  of  business  agreed  not  to 
re-engage  in  same  business.  1913C- 
379. 

—sale  of  business  as  sufficient  considera- 
tion for  covenant  restraining  vendor 


768    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


SALES — Continued. 

from  future  exercise  of  trade  or  pro- 
fession.    1913A-293. 

Conversion  of  personalty  by  purchaser  in 
possession  under  contract  of  sale,  ne- 
cessity of  demand  to  support  action 
of  trover.     1913A-1108. 

Credit  sales  of  goods,  right  of  factor  to 
make.     1915A-176. 

Declarations  or  admissions  of  seller  of  per- 
sonalty made  while  owner  as  evidence 
against  buyer.     1912C-1210. 

"Escrow,"  term  as  applicable  to  contract 
to  purchase  goods.     1916B-1031. 

Fraud,  performance  of  executory  contract 
after  discovery  as  affecting  right  of 
action  for  damages.     7-280;  20-172, 

Futures,  illegality  as  gambling  contract  of 
contract  for  sale  of  property  for  fu- 
ture delivery  where  one  party  only  in- 
tends delivery.     11-440. 

General  denial  in  replevin,  right  to  show 
sale    under.     20-301. 

Goodwill  of  business,  effect  of  sale  on 
rights  of  vendor.  11-573;  21-427; 
1914B-587. 

Guardians,  power  of  guardian  to  sell  per- 
sonal   property    of    ward.     1916C-334. 

— sdle  by  guardian  as  subject  to  caveat 
emptor  doctrine.     19I7E-255. 

Independent  contractor,  persons  connected 
with  work  of  selling  goods.  1918C— 
658. 

Mistake  of  buyer  in  purchasing  own  prop- 
erty, right  to  relief.     18-328. 

Orders  taken  for  sale  of  goods  for  future 
delivery,  taking  as  constituting  hawk- 
ing or  peddling.     2-830;    1912D-1293. 

Postal  laws,  ordering  goods  with  no  in- 
tention of  paying  as  scheme  to  de- 
fraud    within     postal     laws.     1914D- 

1247,  1257. 
• 
Public   property,   liability   of   civilian   for 
purchasing     from     soldier     or     sailor. 
1918B-523. 

Purchaser  for  value,  purchase  of  chattel 
for  pre-existing  debt  as  constituting. 
1918A-455.  , 

Traveling  salesman,  authority  to  make 
binding  contract  of  sale.     1912B-356. 


SALES — Continued.  ,    • 

2.    Definitions. 

Contract  of  sale  and  consignment  of  goods 
to  factor,  distinction  between. 
1915A-603, 

Distribution  of  intoxicating  liquor  by  bona 
fide  social  club  to  members  as  sale. 
10-386. 

Grain  deposited  in  warehouse  as  bailment 
or  sale.     10-1074. 

Pledge  as  distinguished  from  sale.  191oA- 
1082. 

Wholesale  and  retail  sale  of  liquors,  dis- 
tinction  between.     18-187. 


3.     Statutory  Regulation. 

Bottles  or  other  receptacles  of  goods,  re- 
use or  resale  by  person  other  than 
manufacturer  or  owner,  validity  of 
statute  regulating  or  prohibiting. 
1915A-487. 

Bulk  sales,  constitutionality  of  statutes 
prohibiting  sales  of  merchandise  in 
bulk.  1-557;  14-437;  1912C-706; 
1915C-414;    1917B-275. 

— meaning  of  term,  "goods,  wares  and  mer- 
chandise" in  Bulk   Sales  Act.     5-800. 

— ^presumption  as  fraudulent  and  void,  con- 
struction of  statutory  provision  de- 
claring.    1913C-1214. 

— remedies  of  creditor  for  violation  of 
bulk  sales  law.     1916C-928. 

— sale  of  goods  to  retailer  for  purposes  of 
resale,  effect  as  to  third  person. 
1916A-91. 

Discrimination  against  foreign  goods, 
power  of  state  to  discriminate  by  tax- 
ing sales.     5-880. 

Milk  sales,  constitutionality  of  regulatory 
statutes  or  ordinances.  4-119;  5-911; 
18-321. 

Uniform  Sales  Act,  construction.  191SD- 
400,  424,  426. 


4.    Validity  and  Construction  of  Contract. 

"About,"  meaning  with  reference  to  quan- 
tity of  goods.     1918D-695. 

Bill   of   sale,    parol   evidence    to   modify    or 
explain.     19-541. 

C.  0.  D.  shipment  of  liquors,  place  of  sale. 
13-828;  1912D-983. 


SALES. 


769 


SALES — Continued. 

Collateral  oral  agreement  as  admissible  to 
supplement  contract  for  sale  of  per- 
sonalty.    1914A-456. 

Control  of  price  on  resale  by  vendee,  right 
of   vendor.     1916A-81. 

Corporate  stock,  agreement  of  seller  to 
repurchase  on  demand,  validity  and 
construction      of      agreement.     1918D- 

744. 

— validity  of  sale  of  corporate  stock  not 
in  writing.     6-481. 

Exemption  of  seller  from  liability  as  to 
description,  quality,  etc.,  of  article, 
validity  and  construction  of  provi- 
sion in  contract  for  sale  of  person- 
alty.    1912D-1079. 

Intoxicating  liquors,  validity  of  sale 
where  seller  knows  same  will  be  ille- 
gally sold.  3-154;  15-269;  191SB- 
978. 

"More  or  less,"  construction  in  personal 
property    contracts.     12-294. 

•"Plant,"  meaning  as  used  in  English  Bills 
of  Sale   Act.     1917A-327. 

Sale,  without  immediate  delivery,  validity 
where  purchaser  takes  possession  be- 
fore liens,  etc.,  of  creditors  attach. 
20-175. 

^Say  about,"  meaning  in  contract  for  sale 
of  personalty  when  used  with  refer- 
ence to  quantity.     1918D-700. 

Written  matter  as  controlling  printed 
matter  in  construction  of  contract  for 
sale    of    personalty.     1913E-963. 


5.    Frauds,  Statute  of. 

Application  of  statute  of  frauds  to  con- 
tract involving  both  transfer  of  chat- 
tel and  doing  of  work  and  labor.  19- 
1292;    1914C-5S4. 

Barter  and  exchange  contracts  as  within 
"sales  of  goods"  clause  of  statute  of 
frauds.     14-308. 

Buildings,  contract  for  sale  as  contract 
for  sale  of  realty  within  statute  of 
frauds.     1916D-970. 

Buyer's  act  in  selling  or  offering  to  sell 
goods  as  suificient  acceptance  to  sat- 
isfy statute  of  frauds.     1913B-275. 

Continuance  of  existing  possession  by  ven- 
dee as  suflScient  delivery  to  take 
verbal  sale  of  goods  out  of  statute. 
13-715. 

Index  to  Notes — 49 


SALES — Continued. 

Contract  authorizing  purchase  of  goods 
for  another  as  within  statute  of 
frauds.     11-1000. 

Corporate  stock,  effect  of  seventeenth  sec- 
tion of  statute  of  frauds  and  equiva- 
lent enactments  on  sales.  7-930;  18- 
599. 

Delivery  to  carrier  as  taking  sale  of 
goods  out  of  statute  of  frauds.  2- 
545;  9-1169.  , 

Joint  purchase  of  goods  from  third  per- 
son, contract  as  within  statute. 
1918C-744. 

Medium  of  payment  or  part  payment  of 
goods  to  take  contract  out  of  statute. 
15-32;    1915D-348. 

Repurchase  or  resale  of  goods  sold,  agree- 
ments for  as  within  statute  of  frauds. 
16-783. 

Samples,  acceptance  as  acceptance  of  par|; 
of  goods  sold  within  statute  of 
frauds.     4-187. 

Signature  of  agent  to  memorandum  of 
sale,  sufficiency  within  statute,  4- 
892. 

Successor  in  interest  of  one  who  has  re- 
pudiated oral  contract  for  sale  of 
personalty,  invocation  of  statute  of 
frauds  by.     16-412. 

Terms  of  sale,  necessity  that  memoran- 
dum within  statute  of  frauds  contain. 
9-1060. 

Time  when  goods  must  be  accepted  to 
take  contract  out  of  statute  of 
frauds.     11-518. 


6.    Delivery  and  Acceptance. 

Acceptance  of  instalment  of  goods  pur- 
chased, acceptance  as  precluding 
buyer  from  rejecting  later  instal- 
ments.    20-528. 

— mistake  in  price  at  which  goods  offered, 
effect  of  discovery  after  acceptance. 
13-1149. 

— offer  once  rejected,  acceptance  as  con- 
summating contract  of  sale.  1917C- 
987. 

C.  I.  F.  contract,  what  constitutes  com- 
plete delivery  of  goods  thereunder. 
1914C-217. 

Delivery  of  goods,  delivery  to  carrier  for 
shipment  as  delivery  to  purchaser. 
20-1027;    1916A-1046". 


770    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


SALES — Continued. 

— issue  of  delivery  to  purchaser  by  de- 
livery of  goods  to  carrier  as  affected 
by  contract  between  parties.  1916A- 
1048. 

—reasonableness  of  time  for  delivery  of 
goods  sold  as  question  of  law  or  fact. 
6-245. 

P.  O.  B.  contracts,  duty  of  furnishing 
vessels  or  cars  under  contract  for  de- 
livery "free  on  board."  2-818;  9- 
553. 

— ^inspection  of  goods  on  arrival  at  des- 
tination, right  of  buyer.     16-1201. 

Rejection  of  goods  by  purchaser  on  one 
ground  as  waiver  of  other  objections. 
17-63. 

"Sale  or  return"  contract,  reasonableness 
of  time  in  which  goods  are  returned 
under  contract  as  question  of  law  or 

,       fact.     14-331. 


7.    Passing   of   Title. 

Agreement  by  one  party  to  insure  goods, 
effect  on  passing  of  title.     1914B-70S. 

Article  contracted  for  and  price  payable 
in  instalments  during  construction, 
when  title  passes.     10-141. 

Bill  of  lading  to  seller's  order  with  draft 
attached,  effect  on  passing  of  title  to 
goods.     0-263. 

Mass,  when  title  passes  to  goods  sold 
from,  mass.     9-26. 

Eescission  of  contract  for  successive  de- 
liveries of  goods  on  account  of  non- 
payment of  instalment.  3-901;  11- 
1049;   1913D-1021. 

Vendor's  lien  as  divested  by  transfer  of 
warehouse  receipt.    1917D-112, 


8.     Price. 

Credit  sale  of  goods,  accrual  of  right  of 
action  for  price.     7-543. 

Delivery  to  one  person  under  sale  made 
on  order  and  credit  of  another,  right 
of  vendor  to  recover  price  from 
former.     1913D-634. 

Failure  to  fix  price  of  chattel,  effect  on 
contract   for   sale.     1912B-3o9. 

Illegal  sales  of  liquor  within  state,  re- 
covery of  price.     7-360. 


SALES — Continued. 

Market  price,  selling  price  fixed  by  com- 
bination or  monopoly  as  market  price. 
1918A-575. 

Patented  articles,  control  of  price  by  pat- 
entee or  vendor  on  resale  by  vendee. 
1915A-155;   1916A-S4. 

9.    Warranty. 

Agency,  agent's  authority  to  warrant  on 

sale   of   goods.     1913D-473. 
— personal   liability   of    agent    for    breach 

of  warranty.     19-773. 
— undisclosed  principal,  warranty  to  agent 

as  inuring  to  benefit  of.     1918B-130. 

Animal  sold  for  breeding  purposes,  war- 
ranty   on    sale.     1916A-573,    588. 

— liability  of  seller  under  warranty  of 
freedom  from  disease.  15-1008; 
1916A-579. 

Auction  sales,  power  of  auctioneer  to  war- 
rant.    1915C-581. 

Breach  of  warranty,  food  sale,  recovery 
of  consequential  damages  for  breach 
of  implied  warranty.  16-497;  1913B- 
1114;  1915C-143. 

— limitation  of  actions,  running  of  statute 
against  action  for  breach.     13-700. 

— measure  of  damages  for  breach  of  war- 
ranty of  title  to  goods  sold.  7-937; 
1912B-1340. 

— recovery  of  damages  for  personal  in- 
juries in  action  for  breach  of  war- 
ranty.    5-588. 

— right  to  show  breach  of  warranty  under 
general  denial  in  replevin.     20-300. 

— seed,  measure  of  damages  for  breach  of 
warranty  of  germinating  power. 
191SB-72;   1918E-485. 

Decisive  test  of  warranty,  circumstance 
that  vendor  assumes  to  assert  fact 
of  which  buyer  is  ignorant.  1913C- 
711. 

Goods  not  in  existence  when  contract  is 
made,  application  of  warranty  in  con- 
tract.    6-115. 

Horses,  construction  of  express  warranty 
of  "soundness"  on  sale  of  horse.  21- 
1003. 

Implied  warranty,  animal  sold  for  breed- 
ing purposes  as  fit.  19-874;  1916A- 
573,  58S. 

— chattels,  implied  warranty  of  title.  16- 
59. 


SALES. 


771 


SALES — Continued. 

— corporate  stock,  implied  warranty  on 
sale.     10-168. 

— food,  implied  warranty  on  sale.  4-1124; 
6-238;   15-1083. 

— goods  sold  subject  to  test,  implied  war- 
ranty   on,     1916A-956. 

— nursery  stock,  implied  warranty  on  sale. 
1913E-93. 

Parol  evidence  as  admissible  to  show  war- 
ranty where  bill  of  sale  contains 
none,     19-542. 

Privilege  of  returning  goods  purchased  as 
bar  to  claim  for  breach  of  warranty. 
1915D-1159. 

Samples,  express  or  implied  warranty  on 
sale  by  sample.  1917C-311,  338,  341, 
343,  346. 

Seed,  express  or  implied  warranty  on  sale. 
1918B-72,  96. 

Test  of  warranty,  circumstance  that  ven- 
dor assumes  to  assert  fact  of  which, 
buyer  is  ignorant  as  decisive  test. 
1913C-711. 


10.    Breach    of   Contract. 

Generally. 

Abandonment  or  rescission  of  written  con- 
tract for  sale  of  goods,  necessity  that 
it  be  in  writing.     1918C-1213. 

Bank  discounting  draft  with  bill  of  lading 
attached,  liability  for  breach  of  con- 
tract of  sale  where  vendee  pays 
draft.     1913B-45. 

Caveat  emptor  doctrine  as  applicable  to 
guardian's   sales.     1917E-255. 

C.  O.  D.  contract,  waiver  by  seller  of 
right  to  reclaim  goods  on  breach  of 
condition   to   pay.     11-547. 

Goods  becoming  damaged  in  hands  of  pur- 
chaser, right  to  rescind  contract. 
1916B-97. 

Inconsistent  defenses  in  action  growing 
out    of   contract    of    sale.     1917C-727. 

Infants,  liability  for  tort  in  performance 
of  contract  of  purchase  or  sale. 
1913A-976. 

Insolvency  of  buyer,  failure  to  disclose  by 
buyer  as  ground  for  rescission  of  con- 
tract.    8-505. 

— misrepresentation  by  buyer  as  to  sol- 
vency as  ground  for  rescission.  1- 
516. 


SALE'S — Continued. 

Instalment  contract  for  delivery  of  goods, 
successive  actions  for  breach  of  con- 
tract.    6-63. 

Hescission  by  purchaser,  necessity  that  it 
be   in   toto.     1912A-660. 

Successive  deliveries  of  goods,  rescission 
of  contract  of  sale  on  account  of  non- 
payment of  instalment.  3-901;  11- 
1049;   1912A-669;   1913D-1021. 

Measure  of  Damages. 

"  Anticipatory  breach  by  vendee  of  con- 
tract for  sale  of  crops,  nursery  stock, 
trees  or  the  like,  for  future  delivery, 
measure  of  damages  recoverable  by 
vendor.     1913C-765. 

Articles  to  be  manufactured,  breach  of 
contract  to  purchase,  measure  of  dam- 
ages recoverable  by  vendor.  2-1000; 
7-1175. 

Delay  in  delivery  of  goods  sold,  measure 
of  damages.     21-607. 

— waiver  of  damages  for  delay  by  accept- 
ance after  agreed  time  of  delivery. 
11-508. 

"Tixed  charges"  as  element  of  damages 
for  breach  of  contract  to  purchase 
article    to    be    manufactured.     2-1000. 

Instalment  delivery  of  goods,  rule  for 
measuring  damages  in  action  by  ven- 
dee for  breach.     6-166. 

— vendor's  measure  of  damages  for  breach 
of  contract.     1913C-122. 

Insurance,  storage  and  resale  charges, 
right  of  vendor  to  recover  on  breach 
of  contract  of  sale.     1913A-615. 

Misrepresentation  as  to  value  of  goods 
sold,  measure  of  damages.  1913E- 
724. 


11.    Injuries    Caused    by    Defects    In    or 
Nature  of  Article   Sold. 

Adulterated  article,  liability  of  vendor 
for  sale  by  agent  or  servant.     17-135. 

Animals,  liability  of  seller  for  communi- 
cation of  disease  by  them  to  other 
animals.     15-1008. 

Article  not  inherently  dangerous,  liability 
of    seller.     1914A-S77. 

Automobiles,  liability  of  maker  to  third 
person  for  defective  construction. 
1913B-694;   1917E-584. 


772    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


SALES — Continued. 

Defects  in  article,  liability  of  seller 
fraudulently  concealing  defects  for 
injury   caused  to  stranger.     5-128. 

Explosives  and  dangerous  articles,  liabil- 
ity of  seller  for  injury  caused.  5- 
181;   12-267;   1913E-399. 

Medicines,  civil  liability  of  vendor  or 
manufacturer  of  patent  or  proprie- 
tary medicine  for  injury  caused  by 
use.     1914D-51. 

Seller's  liability  to  third  persons  for  in- 
juries resulting  from  nature  or  con- 
dition of  articles  sold.     1-755. 

Toy  pistol,  liability  of  seller  in  damages 
for  injury  to  child  resulting  there- 
from.    1913C-804. 


12.    Conditional  Sales. 

Generally. 

Additional  security,  taking  as  affecting 
contract  of  conditional  sale.  16-216; 
1916A-266. 

Bailment  or  lease  as  distinguished  from 
conditional  sale.     12-879. 

Clause  authorizing  vendor  to  retake  and 
sell  goods  and  return  surplus  proceeds 
to  vendee,  whether  contract  is  chattel 
mortgage  or  conditional  sale  because 
of.     3-639;   19120-361. 

Fire  insurance,  sole  and  unconditional 
ownership  clause  of  policy  as  affect- 
ing possession  of  personalty  by  con- 
ditional vendee.     7-499. 

Parol  reservation  of  title  at  time  of  sole, 
validity  and  effect.     13-866. 

Purchase-money  note  taken  from  vendeo 
as  affecting  contract  of  conditional 
sale.     1916A-331. 

Eeceiver,  assignee  for  benefit  of  credi- 
tors or  trustee  in  bankruptcy,  valid- 
ity of  conditional  sale  contract  as 
against.     1916A-1258,   1270. 

Eecording,  jurisdictions  where  conditional 
sale  contracts  are  required  to  be  re- 
corded.    1916A-1273. 

Eenewal  note  as  affecting  conditional 
sale.     1916A-331. 

Uniform  Sales  Act  as  affecting  condi- 
tional sale  contracts.     1918D-408. 


SAIiES — Continued. 

Bights  of  Parties. 

Accession  to  property  sold,  right  of  con- 
ditional vendor.     1917C-1170. 

Breach  of  warranty,  right  of  conditional 
vendee  to  recover  damages.  20-821; 
1918B-914. 

Destruction  of  property  delivered  to  pur- 
chaser, recovery  of  price  when  prop- 
erty is  destroyed  without  fault  of 
purchaser  before  price  falls  due.  6- 
685;  12-711;  1913D-338;  1918D-381. 

— possession  still  in  hands  of  seller,  rights 
of  parties.     1913C-661. 

Election  of  remedies  on  breach  of  con- 
tract of  conditional  sale.  1-268;  16- 
1057;    1917D-464. 

Goods  sold  conditionally  to  retailer  for 
purpose  of  resale,  effect  as  to  third 
persons.     1916A-90. 

Innocent  purchaser  from  conditional  ven- 
dee, conflict  of  laws  as  to  rights. 
1916A-880. 

Mortgage  of  property  by  conditional  ven- 
dee, validity  and  effect.     1913C-330. 

Property  conditionally  sold  to  be  at- 
tached to  realty  of  third  person, 
rights  of  parties.     1916D-915. 

Transfer  of  personalty  by  conditional 
vendee   as  conversion.     8-129. 


SALES  AGENT. 

Sales  agent  as  "agent"  within  statute  for 
service  of  process  on  foreign  corpora- 
tion.    1914D-987. 


SALES  m  BULK. 

See   Frandulent   Sales    and   Conveyances; 
Sales. 


SALESMEN. 

Independent  contractors  as  tested  by 
character  of  employment.     19-25. 

— person  employed  as  sales  agent  as  inde- 
pendent contractor.     1918C-6o8. 

Traveling  salesman,  binding  contract  of 
sale,   authority    to    make.     1912B-356. 

— carrying  side-line  as  breach  of  con- 
tract.    1918C-952. 

— collection  of  accounts,  authority  as  to. 
7-650;  14:-S58. 


SALOONS— SCALES. 


773 


SALOONS. 

See    Intoxicating   Liquor& 

SALVAGE. 

See    Ships    and    Shipping. 

SAMPLES. 

Acceptance  of  samples  as  constituting  ac- 
ceptance of  part  of  goods  sold  within 
statute   of  frauds.     4:-187. 

Drummer's    samples    as    baggage.     6-828. 

Medicine  or  other  deleterious  substance, 
validity  and  construction  of  statute 
prohibiting      distribution.     1915C-551. 

Sale  by  sample  for  future  delivery  as 
peddling.    2-830;    1917D-686. 

— state  taxation  as  attempted  regulation 
of  interstate  commerce.     2-701. 

•~-what  constitutes  sale  by  sample. 
1917C-327,  343,  346. 

SANATORIUMS. 

See   Hospitals   and  Asylums. 


SAND. 

Right  to  take   sand  from  bed  of  naviga- 
ble stream.     1916B-559;   1918B-58S, 


SANITARY  DISTRICTS. 

Liability   for   torts.     15-910. 

SANITARY  LAWS. 

See  Health. 

SATISFACTION. 

See  Accord  and  Satisfaction;   Judgments. 

SATISFACTORY. 

Building  contract,  construction  of  provi- 
sion that  work  must  be  "satisfac- 
tory" to  owner.  1913D-629;  1916B- 
500. 

Contract  for  sale  of  land,  meaning  of 
provision  that  title  shall  be  "satis- 
factory."    8-273;    1915C-536. 

Theatrical  performer,  contract  to  render 
satisfactory  services.     1914B-2. 


SAVING  LIFE. 

Contributory  negligence  in  attempt  to 
save  human  life.  4-928;  19-441; 
1917C-654. 

Injury  while  attempting  to  save  another's 
life  as  act  within  scope  of  employ- 
ment under  workmen's  compensation 
law.     1916B-1307. 


SAVING  PROPERTY. 

Contributory  negligence  in  effort  to  save. 
4-216;   11-371;   1914C-413. 


SAVINGS  BANKS. 

See   Banks  and   Banking. 


SAWS. 

Liability  of  master  to  servant  for  in- 
juries by  saw  operated  by  machinery. 
1913C-125. 


SAY  ABOUT. 

Meaning  of  phrase  in  contract  for  sale 
of  personalty  when  used  with  refer- 
ence to  quantity.     1918D-700. 


SCAFFOLDING. 

Defective  construction,  liability  of  con- 
tractor to  servants  of  subcontractor. 
1-756. 

Erection  for  repairing  or  painting  build- 
ing, liability  of  owner  for  injury  to 
pedestrian  resulting.     1916C-123. 

Fall,  liability  of  master  to  servant  for 
injuries  caused  by.  18-611;  1913B- 
1123.      . 

Meaning  of  term  as  applied  in  Workmen's 
Compensation  Act.     1917D-15. 


SCALDS  AND  BURNS. 

Excessiveness  or  inadequacy  of  verdict  in 
ection  for  personal  injuries.  16-42; 
1913A-1377;   1916B-436. 


SCALES. 

Public    scales,    validity    of    legislation    re- 
quiring   use.     19iaC-255;    1918D-159. 


774    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


SCALPINa. 

Injunction  to  prevent  buying  and  selling 
of  nontransferable  tickets.  1913B- 
475. 

Prohibitory  statutes  as  interference  with 
interstate   commerce.     7-^4. 

Theater  tickets,  validity  of  statutes  pro- 
hibiting  scalping.     9-749. 

Ticket  brokerage,  validity  and  effect  of 
statutes  prohibiting.     6-873;   8-649. 


SCARS. 

Injury    resulting    in    scars,    adequacy    of 
verdict.     1916B-436. 


SCENIC  RAILWAYS. 

Duty  of  owners  and  managers  as  to 
safety  and  protection  of  patrons. 
1917D-930. 

Proprietor  as  carrier  of  passengers.  17- 
410;  1917D-930. 

Sunday  law  as  prohibiting  operation.     21- 
•      683. 


SCHOOLS. 

1.  In  General 

2.  School  Districts. 

3.  Property  and.  Fiscal  Management. 

4.  Teachers. 

5.  Pupils. 

1.    In  General. 

Bequest  for  support  or  establishment  of 
free  schools,  validity.     8-925. 

Census,  conclusiveness  of  school  census  or 
enumeration  made  by  proper  author- 
ities.    1913B-1270. 

Church  of  sectarian  building,  holding 
school  or  school  exercises  therein. 
1918C-589. 

Correspondence  school,  carrying  on  school 
as  interstate  commerce.  14-967;  18- 
1109. 

Infant's  contract  for  instruction  or  edu- 
cation as  contract  for  necessaries. 
8-131;  20-593. 

Libel  ^nd  slander,  comment  on  educator 
or  teacher  as  privileged  within  law 
of  libel  or  slander.     1917B-421. 


SCHOOLS — Continued. 

— liability  of  school  board  or  superior 
ofiScer  for  libel  or  slander  of  teacher. 
1913E-195. 

Meaning    of    word    "school."     1912B-1353. 

Normal  schools,  general  power  of  state  to 
establish  schools  as  including  normal 
school.     1912B-1365. 

Schoolhouse  as  "outhouse"  or  out-build- 
ing."    1912D-1195. 

Statutes  relating  to  schools,  effect  of  par- 
tial  invalidity.     1916D-86. 


2.     School  Districts. 

Alteration  of  boundaries  of  school  dis- 
trict, real  property  rights  as  affected 
by.     20-89. 

Annexation  of  territory,  meaning  of  term 
"adjacent"  in  statute.     1913B-171. 

Classification  under  statute  containing  dif- 
ferent provisions  for  different  classes 
of  districts,  validity  of  statute. 
1913E-133L 

Counsel,  power  of  school  district  to  em- 
ploy.    1918A-502. 

Elections,  power  of  legislature  to  define 
qualifications  of  voters.     7-666. 

Garnishment,  school  districts  as  subject 
to.     17-510. 

Organization  of  school  district,  collateral 
attack  on  legality.     11-1060. 

Separate  school  district  within  municipal- 
ity as  subject  to  regulation  by  lat- 
ter.    1915B-1042. 

Taxation,  delegation  of  taxing  power  to 
school  district,  power  of  legislature. 
8-535. 

— extension  of  boundaries  of  district 
as   affecting  school   tax.     1915B-1152. 

3.     Property  and  Fiscal  Management. 

Appropriation  of  state  or  municipal  funds 
in  aid  of  educational  institutions  as 
within  constitutional  provision  against 
giving  or  loaning  of  money  or  credit 
of  state  or  municipality.     i913C-1234. 

Buildings,  religious  worship  therein, 
power  of  public  authorities  to  au- 
thorize  or   prohibit.     1914B-303. 

— use  for  other  than  religious  or  public 
school  purposes,  power  of  school  au- 
thorities  to   permit.     191GC-485. 


SCHOOLS. 


775 


I 


SCHOOLS— Continued- 
Defective  condition  of  public  school  prem- 
ises,   liability    of    municipal    corpora- 
tion or  school  board.     3-884;  10-406; 
1917D-797. 

Eminent  domain,  appropriation  of  school 
lands  for  irrigation  purposes,  power 
of  legislature  to  authorize.  1914B- 
338. 

— condemnation  of  land  for  school,  inter- 
est acquired  as  easement  or  fee.  20- 
574. 

Fire  insurance,  occupied  or  unoccupied 
buildings  under  policy  conditions. 
1912D-92. 

Funds,  expenditure  of  school  funds,  power 
of  legislature  with  respect  to.  1917C- 
917. 

— insurance  fund,  power  of  legislature  to 
devote  portion  of  school  fund  to  es- 
tablishment.    1917C-925. 

Leave  of  absence  to  officer  or  employee 
with  pay,  power  of  school  to  grant. 
1915B-796. 

Mechanics'  liens,  public  school  building 
as  subject  to  lien.  17-131;  1913A- 
762. 

Special  assessments,  liability  of  school 
property.  12-419;  16-888;  1913D- 
1103;   1916D-666. 

Taxation,  exemption  of  educational  insti- 
tutions.    1-839;   10-671. 

— statutes  relating  to  taxation  of  school 
property,  effect  of  partial  invalidity. 
1916D-93. 

Trusts,  municipal  power  to  take  school 
property  as  trustee.     17-748. 


4.    Teachers. 

Compensation,  minimum  salary,  validity 
of  statute  fixing.     1916E-420. 

— reduction,    right    to    make.     1914D-141. 

— right  to  compensation  as  dependent  on 
validity  of  contract  or  appointment. 
1913C-732;    1917A-254. 

Employment  agencies,  statute  prohibit- 
ing employment  agencies  collecting 
fees  from  "workers,"  as  applicable 
to  school  teachers  seeking  employ- 
ment through  teachers'  agency. 
1917D-68T. 

Leave  of  absence  with  pay,  power  of 
school  authorities  to  grant  teacher. 
1915B-796. 


SCHOOLS— Continued. 

Marriage  of  teacher  as  ground  for  re- 
moval of  woman  school  teacher. 
1917D-271. 

Municipal  officers,  teachers  or  school  offi- 
cers as  within  classification.  1914D- 
1236. 

Negligence  of  teacher  toward  pupil,  lia- 
bility of  public  school  district  or  cor- 
poration.    1912A-337. 

Eevocation  of  teacher's  license,  right  to 
appeal  to  courts  to  interfere.     14-298. 

Sectarian  religious  garb,  wearing  by 
teacher  in  public  school.  6-435; 
1912A-428. 

Trade,  teacher  as  engaged  in.  1916A- 
1201. 

5.     Pupils. 

Compulsory  attendance  at  public  schools. 
1912A-373;   1915C-555. 

Corporal  punishment  upon  pupil,  right  of 
school  teacher  to  inflict.     12-353. 

Expulsion  or  suspension  of  pupils,  power 
to  .expel  or  suspend  pupil  fron\  school. 
15-404;    1918A-400. 

■ — right  of  parent  to  sue  for  damages  for 
expulsion.     12-406. 

Fees,  incidental  fees,  right  to  exact  from 
students.     1914B-405. 

— tuition  fee,  recovery  of  advance  pay- 
ment on  expulsion  or  withdrawal  of 
pupil   from   school.     1915D-313. 

Health  regulation  relating  to  school  chil- 
dren,   validity.     1917A-765. 

Indian  child,  right  to  admission  to  pub- 
Uc  school.     1915C-482. 

Instruction  of  children,  course  of  study 
or  studies  for  child,  power  of  parent 
to    select.     19-1192. 

— music,     teaching    of     music    in    public 

schools.     1918D-153. 
— religious    doctrines,    teaching    in    public 

schools.     2-522;   19-234;  1916A-312. 
— sectarian    instruction    reading   Bible    or 

offering  prayer   as.     9-42. 
• — text-books,  statutory  regulation.    1912B- 

476. 

Eegulations  of  school  boards  for  control 
and  discipline  of  pupils,  review  by 
court.     6-998;  13-333. 


776    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


SCHOOLS— Continued. 

Besidence  of  pupil  as  affecting  right  to 
attend  public  school,  3-693;  12-897; 
1913B-1017. 

—domicile  and  residence  as  synonymous 
in  statutes  regulating  admission  of 
pupils  to  schools.     1915C-791. 

'—residence  at  school  as  affecting  right  to 
vote.     1917C-403. 

Scholarship  or  promotion  of  pupil,  con- 
clusiveness of  decision  of  school  au- 
thorities.    1915A-753. 

Secret  societies  among  students,  valid- 
ity of  statutory  or  other  prohibition. 
1916E-527. 

Separation  of  white  and  colored  pupils 
for  purposes  of  education.  13-342; 
1916C-806. 

Transportation  of  pupils  to  and  from 
school,  allowance  in  lieu  of  trans- 
portation.    1916A-269. 

— reduced  rates  for  pupils  on  railroads, 
validity  of  statutes  requiring.  1912C- 
841. 

— validity  and  construction  of  statute  or 
ordinance.     1912C-762;    1916E-1097. 

Vaccination  of  pupils,  compulsory  vacci- 
nation.    1-336;  10-8S2;   14-945. 

•^suspension  of  child  because  not  vacci- 
nated,   right    to    suspend.     1912A-375. 

— validity  of  statute  providing  for  exclu- 
sion of  nonvaccinated  pupils.     7-417. 


SCINTILLA  OF  EVI- 
DENCE. 

Mere  scintilla  of  evidence  as  sufficient  to 
justify  submission  of  cause  to  jury. 
1^14B-472. 

What  constitutes  scintilla  of  evidence. 
1918B-943. 


SCIRE  FACIAS. 

Lost  or  destroyed  writ,  proof  of  contents 
by  parol.     1916D-252. 


SCOPE  OF  EMPLOYMENT. 

See  Master  and  Servant;  Workmen's  Com- 
pensation. 


SCREENS. 

Burglary  by-  opening  screen  door  or  win- 
dow.    15-932. 

Saloons,  validity  of  statute  or   ordinance 
regulating  use  of  screens.     5-382. 


SCREW-CUTTERS. 


Trade,  screw-cutter  as  en 
1201. 


in.     1916A- 


SCRIP. 

Constitutionality  of  acts  prohibiting  pay- 
ment of  wages  in  scrip,  etc.     1-418. 


SCIENCE. 

Judicial  notice  of  rules  of  science,  con- 
struction of  statute  requiring  courts 
to    take.     1914D-548. 


SCIENTER. 

See  Animals. 


SCIENTIFIC  BOOKS. 

Use  in  examination  of  expert  witness.    16- 
818;  1916E-356. 


SCIENTIFIC  FACTS. 

Duty  of  master  to  instruct  servant  with  re- 
spect to.     19-1154. 


SEALER  OF  WEIGHTS 
AND  MEASURES. 

Municipal   officer,   sealer   as.     1914D-1237. 

SEALS. 

Acknowledgments,  officer  certifying  au- 
thority to  take  acknowledgment,  effect 
of  omission  of  seal.     1915D-1239. 

Agency,  liability  of  undisclosed  principal 
on  contract  under  seal.     3-980. 

Blanks  in  sealed  instrument,  implied  au- 
thority to  fill.     2-332;  1917E-519. 

Consideration  of  optional  contract  as  im- 
ported by  seal.     1913A-365. 

— sufficiency  to  sustain  specific  perform- 
ance' of  contract  under  seal  as  im- 
porting consideration.     12-125. 


SEAMEN— SEARCHES  AND  SEIZURES. 


777 


BEALS — Continued. 

Corporation  executing  instrument,  effect 
of  failure  to  affix  seal.  1915A-1064:j 
1916A-479. 

— what  is  sufficient  seal  of  corporation. 
1912C-42. 

Document  required  by  law  to  be  sealed, 
effect  of  failure  of  public  official  to  at- 
tach seal.     1914C-758. 

Enforcement  of  instrument  under  seal, 
right  of  person  not  party  thereto. 
1913B-313. 

Instrument  under  seal,  instrument  with 
seal  affixed  but  containing  no  recital 
respecting  sealing  as  constituting. 
19-674. 

Justice  of  peace,  effect  of  omission  of  seal 
in  summons  issued  by  justice.     1914A- 

1088. 

"L.  S.,"  as  sufficient  seal.     11-250. 

Meaning  of  term  "seal."     1912C-42. 

Municipal  bonds,  negotiability  as  affected 
by  sealing.     5-197. 

Process  issued  without  official  seal  required 
by  law  as  affecting  efficiency.  1912D- 
786. 

Promissory  notes,  limitation  of   action  on 

sealed    note.     1914D-422. 
— ^parent's  sealed  note  to  child,  sufficiency 

without  other  consideration  than  love 

and  affection.     13-166. 
— partnership,    power    of    partner   to   bind 

firm  by  sealed  note.     14-548. 

"Seal"  as  sufficient  seal.     11-1110. 

Some  but  not  all  of  parties  sealing  instru- 
ment executed  by  them,  nature  and  ef- 
fect of  instrument.     20-1327. 

Wills,  sealing  testator's  name  to  will  as 
signing  of  instrument.  18-771; 
1917B-876. 


SEAMEN. 

Assaults   by   superior   servants    or   officers, 
liability  of  owners  of  vessel.     10^378. 

End    of    voyage,    what    constitutes    under 
shipping  articles.     -9-505;  20-851. 

Maritime    employees   within    classification 
of  seamen.     7-205. 

Persons  within  term  "seaman."     17-104. 

Sick   or   disabled,   duty  of   ship   owner  or 
master.     7-203. 


SEAMEN— Continued. 

Wages,  assignments  of  unearned  wages, 
validity.     5-66. 

• — attachment  or  arrestment  of  wages,  con- 
struction of  statute  exempting  from. 
15-130. 

— disability  or  illness  as  affecting  right  for 
whole  voyage.     1912A-1183. 

— garnishment  as  against  exemption,  liabil- 
ity of  vessel.     5-170. 

— refusal  to  proceed  to  belligerent  port  as 

^  relinquishing  right  to  wages,  under 
contract  of  service  for  ordinary  voy- 
age.    7-347;  9-530. 

— subrogation  to  seaman's  lien  of  person 
advancing  money  to  pay  wages.  10— 
212. 

— termination  of  wages  by  "loss"  of  vessel, 
what  constitutes  loss.  6-68;  1916D- 
688. 

Wills  of  seamen.     1916A-483. 

Workmen's  compensation,  accident  arising 
out  of  and  in  course  of  employment. 
1913C-5,  6,  7,  8,  10,  11,  19,  22;  1914B- 
499,  500,  503,  504. 


SEARCHES  AND 
SEIZURES. 

Affidavit  or  complaint  upon  information 
and  belief  as  basis  for  search-warrant. 
1-653;  18-819. 

Animals,  seizure  by  humane  society,  valid- 
ity of  statutes  authorizing.     14-916. 

Arrest  for  crime,  right  to  search  person 
and  habitation  of  one  under  arrest. 
3-354. 

Carrier  of  goods,  liability  for  seizure  under' 
police  regulations  of  goods  in  its  pos- 
session.    15-538. 

Description  of  premises,  sufficiency  in 
search-warrant  or  affidavit  therefor. 
17-232;  1916D-952. 

Evidence  secured  by  search  or  seizure,  ad- 
missibility.    15-1205;  1915C-1182. 

Food  unfit  for  use,  right  of  state  to  seize 
and   destroy.     15-281. 

Gambling  apparatus,  validity  of  statutes 
authorizing  seizure  and  destruction. 
2-936;   13-454. 

Malicious  prosecution,  issuance  of  search- 
warrant  as.     1-996;  10-372. 

Review  of  search-warrant  proceedings.  6- 
615. 


778    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


SEARCHES  AND  SEIZURES — Continued. 

Search-warrant  valid  on  face  as  pro'tection 
to  officer  executing  same.     1913D-214. 

Third  person's  property  seized  as  evidence, 
right  of  officer  making  arrest.  1915C- 
964. 

Title  to  or  right  to  possession  of  property, 
right  to  try  in  search-warrant  proceed- 
ings.    1914D-172. 

Unlawful  search  of  premises  or  person, 
damages    recoverable.     1913B-1158. 

Vessels,  seizure  outside  territorial  jurisdic*' 
tion  for  violation  of  municipal  law. 
3-811. 


SEARCHING  RECORD. 

See  Abstracts  of  Title. 

How  far  back  is  purchaser  bound  to  search 
record  title  of  his  vendors.  1914A- 
1288. 

SEATS. 

Carrier    of    passengers,    duty    to    provide 

seats.     1915A-1069. 
— validity    of    rule   regulating   manner    of 

using  seats  in  passenger  cars.     1915I>- 

188. 

Street  railways,  seat  for  motorman,  valid- 
ity of  statute  or  ordinance  requiring 
company  to   provide.     1914D-616. 


SECOND-HAND  GOODS. 

Buyer  and  seller  of  second-hand  goods  as 
"dealer."     1917A-961. 

State  or  municipal  regulation  of  use  or 
sale  of  second-hand  clothes,  bedding 
or  the  like.     1-747;  1917C-1068. 


SECOND  OFFENSE. 

Necessity  of  pleading  prior  offense  in 
prosecution  for  second  offense.  9-768'; 
1914C-560. 

Penalty  for  second  offense,  imposition  by 
court  as  dependent  on  allegation  and 
proof  of  former  conviction.  1912A- 
1000. 

SECRECY. 

Communication  based  on  promise  of  se- 
crecy as  privileged  from  disclosure. 
1916C-699. 


SECRET  PROCESS. 

Price  of  articles  produced  by  process, 
right  of  vendor  to  control  on  resale 
by  vendee.     1916A-83.  " 

Sale  as  restraint  of  trade.     9-908. 


SECRET  PROFITS. 

Corporate  director,  liability  to  corporation 
or  stockholder  for  secret  profits. 
1917A-238. 

Partner,  duty  to  account  for  secret  prof- 
its.    1914D-433. 

Public  officers,  government's  right  to  re- 
cover profits  obtained  by  officer  by 
virtue   of  his  office.     19-604. 

— municipality's  right  to  recover  from 
officer  thereof  profits  made  hv  sale  of 
land    to    municipality.     1914D-808. 

Stock  broker,  illegality  of  secret  profits 
in  dealings  with  customer.  1915B- 
912. 


SECRET  SOCIETIES. 

students'  secret  societies,  validity  of  stat- 
utory or  other  prohibition.  1916E- 
527. 


SECTARIAN  SCHOOLS. 

School  funds,  power  of  legislature  with 
respect  to  expenditure  for  mainte- 
nance of  sectarian  school.     1917C-923. 


SECTION-HANDS. 

Fellow-servant  doctrine  as  applicable  be- 
tween section-hand  and  other  railroad 
employees.     S-232. 


SECURITIES. 

See  Chattel  Mortgages;  Mortgages;  Pledge. 

Attorney's  lien  on  securities  in  his  posses- 
sion connected  with  litigation.  1917D- 
149. 

Blue  sky  law,  validity  and  construction. 
1916A-706. 

Deposit  of  securities  with  state  by  corpo- 
ration, right  to  proceeds  on  dissolu- 
tion or  insolvency  of  corporation. 
1914D-439. 


SECURITY— SEED. 


779 


SECURITIES— Continued. 

Depreciation  of  securities  caused  by  wear- 
ing away  of  purchase  premiums,  loss 
as  bearable  by  life  tenant  or  remain- 
derman.    10-515. 

Legacies  of  securities,  distinction  between 
sixjcific  and  general.  10-490.  19- 
1187. 

Legal  meaning  of  "security"  or  "securi- 
ties."    1914D-623. 


SECURITY. 

See  Bonds;  Suretyship. 

Auction  sales,  security  for  purchase 
money.     1912A-1133. 

Conditional  sale  contract  as  affected  by 
taking  additional  security.  16-216; 
1916A-266. 

Factor's  sales  for  principal  on  credit,  right 
to  take  security.     1915A-178. 

Suretyship,  discharge  of  security  given 
by  surety  as  discharge  of  surety.  12- 
550. 

— release  of  securities  by  creditor,  extent 
of  surety's  discharge  thereby.     3-433. 

Vendor's  lien,  implied  lien  as  waived  by 
taking  security  from  third  person. 
13-869;    1914l3-122o. 

What  may  be  deposited  as  money  in  lieu 
of    written    undertaking.     1912C-356. 

SEDUCTION. 

1.  In  General. 

2.  Civil  Action. 

3.  Criminal  Prosecution. 

1.  In  General. 

Breach  of  promise  of  marriage,  seduction 
as  element  of  damages.  5-107;  8- 
917;    1914B-1200. 

Marriage  to  avoid  prosecution  as  void- 
able for  duress.     14-869. 

"Unmarried  woman,"  meaning  within  stat- 
ute relating  to  seduction.     17-65. 

2.  Civil  Action. 

Action  for  seduction  as  one  for  personal 
injuries.     1912B-656. 

Affianced  person,  right  of  action  by  be- 
trothed.    1915B-544. 


SEDUCTION— Continued. 

Bankruptcy  discharge  as  affecting  judg- 
ment  for   seduction,     3-170;    12-1011. 

Bastardy  judgment  or  settlement  as  bar- 
ring right  of  action  for  damages. 
191SD-669. 

Dying  declarations,  admissibility  in  action 
for  seduction.     6-70. 

Father's  action  for  seduction  of  daughter, 
accrual  of  right  of  action.     1-388. 

Infancy  as  defense  to  civil  action  for  se- 
duction.    2-769.      • 

Intercourse  effected  by  force,  proof  as  de- 
fense to  civil  action.     15-1115. 

Mother's  right  to  maintain  action  for 
daughter's   seduction.     1916E-1275. 

Person  standing  in  loco  parentis,  right  to 
maintain  civil  action  for  seduction. 
1912D-299. 

Promise  to  marry,  preparations  for  mar- 
riage as  corroborative  evidence. 
1915C-139. 

Woman's  right  to  recover  damages  for 
own    seduction.     8-1115;    1912B-1062. 


3.    Criminal  Prosecution. 

Chastity  or  good  repute  of  woman,  pre- 
sumption and  burden  of  proof  in  pros- 
ecution.    17-89;    1916A-200. 

— previous  chastity  as  element  of  offense 
of   criminal   seduction.     19-444. 

Corroboration  of  female  in  criminal  prose- 
cution, necessity  and  elements  to 
which  corroboration  must  extend.  19- 
869;    1918E-468. 

Infancy  as  defense  to  actions  and  prose- 
cutions for  seduction.     2-769. 

Promise  of  marriage  conditioned  on  preg- 
nancy, intercourse  procured  by  prom- 
ise as  criminal  seduction.     15-227. 

Reputation  of  defendant,  admissibility  in 
prosecution.     1916E-3S1. 

Subsequent  marriage  of  parties,  as  termi- 
nating or  suspending  prosecution.  14- 
344. 

— offer  of  marriage  as  defense  to  prosecu- 
tion.    15-1028. 


SEED. 

Express     or     implied     warranty    on    sale. 

1918B-72;   1918E-485. 
Eegulation    of    sale,    validity    of    statute. 

1917E-167. 


780    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


SEGREGATION  OF  RACES. 

See  Races. 


SEIZIN. 

Covenant  of  seizin,  where  ordinary  cove- 
nant is  broken  if  at  all.     1913B-1184. 

Existence  of  railroad  right  of  way  as 
breach  of  covenant  of  seizin.  1912C- 
652. 

Instantaneous  seizin  doctrine  as  applied 
to  mechanic's  lien.     7-624. 


SELECTIVE    DRAFT   ACT. 

Compulsory   military   service.     1917C-812; 
1918B-S63;   1918D-100. 


SELECTMAN. 

Municipal    officer,    selectman    as.     1914I>- 
1230. 


SELF-DEFENSE. 

Assault  of  person  on  own  premises,  right 
to  repel  without  retreating.  5-999; 
15-51;  1916C-918. 

Injury  to  bystander  while  acting  in  self- 
defense,  liability  of  person  as  for 
negligence.     1916C-1150. 

Instructions,  duty  of  court  to  instruct  as 
to  self-defense  where  accused  denies 
killing.     19-120. 

Mayhem,  self-defense  as  defense  to  prose- 
cution.    15-^82. 

Motive  of  defendant,  necessity  of  proving 
on    issue    of   self-defense.     1912C-238. 

Person  not  in  lawful  pursuit  of  business, 
right  of  self-defense,     9-1134. 

Plea  as  available  to  person  charged  with 
killing  peacemaker.     1913C-265. 

Relative  physical  condition  or  strength  of 
parties  on  issue  of  self-defense,  ad- 
missibility of  evidence.     19-124. 

Resisting  arrest,  homicide  as  excusable 
on  ground  of  self-defense.     4-844. 


SELF-EXECUTING  PRO- 
VISIONS. 

Constitutional  self-executing  provisions. 
7-627;  18-199;  1914C-1116;  1918D- 
lOSO. 


SELF-INCRIMINATION. 

Claim  of  exemption  from  self-incrimina- 
tion, necessity  in  order  to  be  entitled 
to  immunity  from  subsequent  prose- 
cution.    1915B-399. 

Corporation  as  included  within  privilege 
of  witness  against  self-crimination. 
1916A-380. 

Demand  on  accused  in  presence  of  jury  to 
produce  incriminating  evidence  as  vio- 
lation of  constitutional  privilege. 
1912D-261. 

Depositions,  taking  in  criminal  case  as 
affecting  privilege  against  self-crimi- 
nation.    1916A-1078. 

Information  based  on  self-incriminating 
evidence,  right  of  accused  to  dis- 
missal.    1914C-418. 

Production  of  books  of  private  corpora- 
tion by  person  whom  they  may  in- 
criminate, power  of  court  to  compel. 
1912D-569. 


SELF-SERVING  EVI- 
DENCE. 

Letter  or  telegram  sent  in  general  course 
of  business,  admissibility  in  evidence. 
1917D-790. 


SENTENCE  AND  PUNISH- 
MENT. 

1   In  GeneraL 

2.  Procedure. 

3.  Term  of  Sentence. 

4.  Habitual  Criminals. 

5.  Suspension  or  Commutation. 

6.  Appeal. 

See  Imprisonment  for  Debt. 

1.     In  Gteneral. 

Alternative     punishments,     imposition     of 
both.     1-734. 

Asexualization,    constitutionality    of    stat- 
ute.    1914B-515. 

Contempt,  federal  courts,  punishment  for. 
1915D-1060. 

— imprisonment  as  mode  of  enforcing  pay- 
ment of  fine  imposed.     1912D-1339. 


SENTENCE  AND  PUNISHMENT. 


7&1 


SENTENCE  AND  PUNISHMENT— Con- 
tinued. 

— mitigation  of  punishment  for  violation 
of  injunction  on  advice  of  counsel. 
1913D-385. 

— ^necessity  of  hearing  before  imposition  of 
punishment.     1916A-727. 

"Conviction,"    "convicted,"    legal    meaning 

as  implying  or  not  implying  judgment. 

1915B-284. 
Convicts,   liability   of  person   serving  life 

sentence    to    trial    and    sentence    for 

murder.     14-4S'8. 
Cotporal   punishment   on  convict,  right  to 

inflict.     18-298. 
Corporation,  punishment  for  criminal  acts. 

19160-465. 
Criminal     execution,     validity    of    statute 

prohibiting  publication  of  report.    10- 

353. 

Cruel  and  unusual  punishment,  what  is. 
19-725;  1918B-396. 

Ex  post  facto  law,  changing  punishment 
as   constituting.     3-77.     1915C-1058. 

Prior  punishment  in  one  jurisdiction  for 
an  offense  as  affecting  subsequent  sen- 
tence for  same  act  in  another  juris- 
diction.    21-69. 

Profanit}-,  extent  of  punishment  for  mul- 
tiple   offenses.     1914A-820. 

Recaptured  criminal,  reconfinement  for 
remainder  of  sentence.     3-416. 

Repeal  of  criminal  statute  after  judgment, 
effect.     1-220;   16-469. 

Statutes,  excess! veness  of  punishment  im- 
posed as  affecting  validity  of  statute 
requiring  screens  or  vestibules  on 
street-cars.     1914D-620. 

—title  of  act  not  mentioning  punishment 
as  affecting  validity  of  statute. 
1912D-157. 


2.    ProcedTire. 

Amendment  of  sentence  after  execution, 
power  of  trial  court  to  revise,  correct 
or  amend.     11-298. 

Asking  convicted  person  if  he  has  any- 
thing to  say  before  sentence,  eSeSt 
of  failure  to  ask.     1916C-95. 

Cumulative  sentence,  effect  of  invalidity 
of  part  of.     10-511. 

Informing  prisoner  of  nature  of  charge, 
plea  and  verdict,  necessity  before 
sentence.     19-100, 


SENTENCE  AND  PUNISHMENT— Con- 
tinued. 

Instruction  as  to  punishment  imposed  for 
various  degrees  of  homicide,  propri- 
ety.    1917A-752. 

Joint  or  several  judgment  and  sentence 
in  case  of  two  or  more  defendants 
jointly  convicted  of  crime.     1913C-7d. 

Mitigation  or  aggravation  of  sentence, 
admissibility  of  evidence  after  convic- 
tion.    14-968. 

Other  offenses  pending  against  prisoner, 
right  to  final  disposition  in  passing 
sentence.     20-873. 

Presence  of  accused  when  sentenced,  right 
to  be  present.     6-451;   11-813. 

Sunday  pronouncement  of  sentence, 
validity.     1916B-10. 

3.    Term  of  Sentence. 

Contempt,  term  of  imprisonment  for  civil 
contempt.     6-535. 

Imposition  of  punishment  as  reducing 
grade  of  crime  from  felony  to  misde- 
meanor.    8-821. 

Increase  of  sentence  after  defendant  has 
served  part  of  term,  right  of  court. 
1913C-280. 


4.    Habitual   Criminals. 

Allegation  and  proof  of  former  conviction, 
necessity  before  court  can  impose 
penalty  for  second  offense.  1912A- 
1000. 

Identity  of  name  of  defendant  in  criminal 
prosecution  with  name  of  person  pre- 
viously convicted  as  establishing  iden- 
tity of  person.     6-1026;    14-589. 

"Similar  offense,"  meaning  in  statute  re- 
lating to  punishment.     18-794. 

Special  punishment  for  prior  offender  or 
habitual  criminal,  validity  of  statute 
prescribing.     18-923. 


5.     Suspension  or  Commutation. 

Commutation  of  sentences  of  criminals, 
constitutionality  of  statute  conferring 
power  on  board.     4r-llll;   20-479. 

Parole  or  conditional  pardon,  rearrest  for 
violation  of  condition,  period  between 
release  and  rearrest  as  part  of  sen- 
tence.    10-203. 


782    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


SENTENCE  AND  PUNISHMENT— Con- 
tinued. 

Suspension  of  sentence,  court's  power  in 
criminal  case.  S-386;  14-722;  1912B- 
1192;  1917B-362. 

— insane  persons,  suspension  of  sentence 
and  commitment  until  restoration  of 
sanity  as  due  process  of  law.  1913 C- 
328. 

6.    AppeaL 

Excessive  sentence,  right  of  prisoner  to 
discharge  on  habeas  corpus  or  appeal, 
7-144;   1916D-368. 

Habeas  corpus  as  mode  for  review  of  er- 
rors in  sentence  or  commitment.  11- 
1055. 

Remand  for  proper  judgment,  power  of 
reviewing  court.     3-1024. 

Waiver  of  right  to  appeal  by  payment  of 
fine.     1913E-300. 


SEPARATE  TRIAL. 

Order  of  trial  of  persons  jointly  indicted 
after  severance  obtained  as  within 
discretion   of   court.     1914C-326. 

State's  right  to  demand  separate  trial 
as  to  persons  jointly  indicted. 
19140^02. 

Time  when  separate  trial  in  criminal 
case    may    be    demanded.     1915B-802. 

Validity  of  statute  providing  for  sepa- 
rate trial  of  issues  in  ease.  1913B- 
267. 


SEPARATION  AGREEMENTS. 
See  Husband  and  Wife. 

SEPARATION  OF  RACES. 

See   Baces. 


SERIOUS  ILLNESS. 

Life  insurance,  meaning  of  term  in  ap- 
plication for  policy.  20-291;  1918 A- 
682. 


SERVANTS. 

See  Master  and  Servant. 

Bequests    to    "servants,"    who    entitled    to 
.  share.     2-866;   1912A-486. 


SERVICE. 

See  Notice;  Process. 

SERVICES. 

See  Work  and  Labor. 

SERIOUS  AND  WILFUL 
MISCONDUCT. 

Conduct  of  employer  or  employee  as  af- 
fecting recovery  under  Workmen's 
Compensation    Act.     1916A-790,    791. 


SETOFF  AND  COUNTER- 
CLAIM. 

1.  In  General. 

2.  Actions  and  Claims  Subject  to  Setoff. 

3.  Claims  Wlucb  may  be  Set  Off. 

4.  Jurisdiction  and  Pleading. 

1.    In   Greneral. 

Bankruptcy,  setoff  by  bank  of  deposit 
against  debt  due  bank  by  depositor 
as  voidable  transfer.  15-307;  1916C- 
990. 

Distinction  between  setoff,  counterclaim 
and   recoupment.     1914B-119. 

Jury  trial,  right  of  defendant  with  re- 
spect to  counterclaim  as  defense  to 
equitable   action.     1914C-852. 

Law  governing  right  of  setoff.     4-88. 

Mutual  agreement  for  setoff  as  mutual 
account.     1913D-817. 

Nonresidence  as  ground  for  equitable  set- 
off.    6-720;    19-1042, 

2.    Actions  and  Claims  Subject  to  Setoff. 

Bankruptcy,  setoff  under  American  bank- 
ruptcy acts.     1916C-975,  988,  990. 

— voidable  transfer,  setoff  by  bank  of 
deposit  against  debt  due  bank  by 
depositor  as  constituting.  15-307; 
1916C-990. 

Executors  and  administrators,  legacy  or 
distributive  share  due  to  one  of  joint 
debtors,  right  of  personal  representa- 
tive to  setoff  against  joint  debt  of 
estate.     21-812. 

Garnishment,  right  of  garnishee  to  setoff 
as     applicable     to     claims     maturing 


SETOFF  AND  COUNTERCLAIM. 


783 


SETOFF  AND  COUNTERCLAIM— Con- 
tinued. 

after     service     of     garnishment.     18- 
214. 

Landlord  and  tenant,  action  by  landlord 
to  recover  demised  premises,  right  to 
interpose  setoff  or  counterclaim. 
1916D-372. 

Monopolies,  action  by  monopoly  on  col- 
lateral contract,  right  of  defendant 
to  set  off  damages  sustained  on  ac- 
count of  monopoly.     1916D-946. 

Eeceivers,  federal  receivers  as  subject  to 
setoff  or  counterclaim.     3-117. 

— setoff  against  receiver.  1916D-599,  613, 
615. 

Eeplevin  action  as  subject  to  setoff  or 
counterclaim.     1913A-105. 

Tax  as  subject  to  setoff  or  counterclaim. 
1914C-339. 

Torts,  counterclaim  for  tort  in  action  of 
tort.     3-486;    1917D-114. 

United  States'  contracts,  government's 
right  of  setoff  or  recoupment  in  ac- 
tion for  additional  compensation. 
1918E-20. 

Wages,  right  to  set  up  counterclaim  or 
setoff  against  wages  exempt  from 
execution.     1914A-1183. 

—■what  may  be  shown  as  defense  or-  setoff 
in    action    for    wages.     1918D-79. 


3.    Claims  Which  may  be  Setoff. 

Agency,  undisclosed  principal,  right  of  per- 
son sued  by  principal  to  set  off  claim 
against   agent.     8-554. 

Assignments,  claim  assigned  prior  to  suit, 
right   of   party   to    set    off.     19-323. 

— counterclaim  with  respect  to  claims  as- 
signed after  suit,  right  to  set  up. 
17-430. 

Banks,  debt  due  bank  from  depositor, 
right  of  bank  to  set  off  against  his 
deposit.     2-206;   19-487. 

—depositor's  right  to  set  off  deposit 
against  his  debt  due  to  insolvent 
bank.     1917C-1187,  1203. 

— insolvent  bank,  right  to  set  off  against 
deposit  a  debt  of  depositor  not  yet 
due.     1915A-688;     1917C-1205. 

— setoff  by  bank  of  deposit  against  debt 
due  bank  by  depositor  as  voidable 
transfer  under  bankruptcy  law.  15- 
307;    1916C-990. 


SETOFF  AND  COUNTERCIjAIM— Con- 
tinued. 

Bills  and  notes,  individual  debt  due  in- 
dorser  from  holder  of  note,  right  of 
indorser  to   set   off.     1913A-1302. 

— ^joint  and  several  note,  right  to  set  off 
individual  demand  in  action  on.  2- 
600. 

— liability  as  indorser  of  note,  right  of 
debtor  to  set  off  against  assignee  of 
his    insolvent    creditor.     1914D-747. 

Corporations,  debt  due  stockholder  from 
corporation,  right  of  stockholder  to 
set  off  against  his  unpaid  stock  sub- 
scription.    1913E-1025. 

Executors  and  administrators,  claim 
against  deceased  not  presented  within 
statutory  period,  right  of  person  sued 
by  executor  or  administrator  to  set 
off.     7-850;   1914D-224. 

— setoff  by  personal  representative  in  ac- 
tion brought  against  him  as  such. 
8-307. 

Existence  of  setoff,  recoupment  or 
counterclaim  at  time  of  commence- 
ment  of   action,   necessity.     17—425. 

Gaming,  setoff  of  prior  winnings  in  action 
to   recover  money  lost.     1918C-771. 

Judgments,  right  to  set  off  judgment 
against  judgment  for  conversion  of 
exempt  property,     14-322. 

— setoff  of  judgments  as  resting  in  dis- 
cretion of  court.     17-967. 

Partnership  debt,  right  to  set  off  against 
claim  by  individual  partner.     1915C- 

809. 

Eecoupment,  rule  that  it  is  available  to 
defendant  only  where  he  could  en- 
force claim  in  action  against  plain- 
tiff.    1914A-386. 

Value  of  property  converted  by  plaintiff, 
right  of  defendant  to  set  off  against 
liquidated  demand  of  plaintiff.  8- 
737. 


4.    Jurisdiction   and  Pleading. 

Amount  in  controversy  for  purpose  of 
appeal  where  defendant  has  filed 
counterclaim.     1914A-1041;    1917D-99. 

Excess  of  court's  jurisdiction,  right  to 
interpose  setoff  or  counterclaim  ex- 
ceeding   jurisdiction.     1913D-159. 

(iarnishment,  necessity  that  garnishee 
specially  plead  defense  of  setoff. 
15-706. 


784    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


SETOFF  AND  COUNTERCLAIM— Con- 
tinued. 

Pleading  counterelaim,  necessity  that  de- 
fendant designate  defense  as  such 
in   pleading.     1913A-1079. 

— ^waiver  of  failure  to  reply  to  counter- 
claim.    1917D-619. 

SETTLEMENT. 

See  Compromise  and  Settlement. 


SEVEN  YEARS'  ABSENCE. 

Presumption    of   death   from   absence.      7- 

573;  12-242;  1918D-75S. 
— facts  sufficient  to  raise  presumption  in 

case    of   absence    of   less    than   seven 

years.     1916B-67. 


SEVERABILITY    OF    CON- 
TROVERSY. 

Eemoval   of   causes,   right   of    state   court 
to   determine   fact.     1912A-239. 


SEVERANCE  OF  ESTATES. 

Resulting  rights  of  mine  owner  after 
severance  of  surface  and  mineral  es- 
tates.    1913B-1106;    1918B-550. 


SEVERANCE  OF  LIMB. 

"What  constitutes  within  meaning  of  acci- 
dent insurance  policy.     1917B-1011. 


SEX — Continued. 

Larceny  of  animal,  indictmeilt  describ- 
ing animal  of  one  sex  and  proof 
showing  another  sex,  sufficiency. 
17-739. 


SEXUAL  INTERCOURSE. 

Excess     as     cruelty     warranting     divorce. 
1918B-494. 

Refusal   of   intercourse   as   desertion   war- 
ranting divorce.     12-547. 

Solicitation     of   chastity,    civil   and    crim- 
inal  liability.     2-457. 


SEXUAL  ORaANS  OR 
POWERS. 

Excessiveness  or  inadequacy  of  verdict 
for  injuries.  16-45;  1913A-1379; 
1916B-436. 


SHACKLES. 

Right  of  prisoner  on  trial  to  freedom  from 
shackling.     5-959. 


SHADE  TREES. 

Electric  company's  right  to  condemn  right 
to  cut  or  remove  trees  near  right  of 
way.     1914C-271. 

Injury  by  telegraph,  etc.,  companies,  lia- 
bility to   abutting  owner.    '2-642. 

Removal  from  streets,  power  of  municipal- 
ity.    1-785;    16-642;    1913C-1013. 


SEVERE  ILLNESS. 

Meaning    in-  application    for    life     insur- 
ance   policy.     20-291;    1918A-682. 

SEWERS. 

See  Drainage. 

SEWING-MACHINE 
DEALERS. 

"Trade,"    dealer    as    engaged    in.     1916A-      Duty  and  liability  of  master  with  respect 
1201.  to   guarding.     18-652;   1914A-658. 


SHADOWING   BY   DETEC- 
TIVE. 

Act  as  subject  to  equitable  relief.     1-156. 

SHAFTING. 


SEX. 

Child's  sex  as  consideration  in  determin- 
ing right  to  custody  on  habeas 
corpus.     1914A-755. 


SHALL. 

"May"  and  "shall"  occurring  in  same  stat- 
ute.    4-420. 


SHAM  MARRIAGE— SHERIFFS  AND  CONSTABLES. 


785 


SHAM  MARRIAGE. 

Intercourse   procured   by   consent   through 
mock  marriage  as  rape.     1912C-131. 


SHAM  PLEADING. 

striking    out    general    denial    as    sham    or 
frivolous.     1917D-1177. 


SHERIFFS  AND  CON- 
STABLES. 

1.  In  General. 

2.  Liability  of  Ofllcer. 

3.  Sale  and  Deed. 

4.  Compensation  and  Expenses. 

See  Ilxecutions;  Judicial  Sales. 


SHARE. 

Meaning  of  term  as  used  in  will. 
574. 


1915B- 


SHARING  SYSTEM. 

Workman  within  English  Compensation 
Act  as  including  participant  in  sys- 
tem.    1913C-31,  32,  33. 


SHED. 

Term  "outhouse"  or  "out-building,"  as  in- 
cluding shed.     1912D-1195. 


SHEEP. 

Larceny  of  sheep,  sufl&ciency  of  proof  with 
respect  to  description  in  indictment. 
17-738. 


SHEET  METAL  WORKERS. 

Worker  as  engaged  in  trade.     1916A-1201. 


SHELLEY'S  CASE,  RULE 
IN. 

Jurisdictions    wherein   rule    is   recognized, 
modified  or  abolished.     4-31. 

Limitation    over,    effect    on    operation    of 
rule.     3-397. 

Personal     property,     application    of    rule. 
12-S39. 


SHELL-FISH. 

Power  of  state  to  grant  to  private  indi- 
vidual,   exclusive    right  to    shell-fish 
within   waters  of  state.  16-198. 
Index  to  Notes — 50 


1.    In  General. 

Carrier's  liability  for  delivering  goods  to 
officer.     1915D-878. 

Force  in  executing  writ  of  replevin,  use 
by  officer.     1915C-1142, 

Indemnity  for  enforcing  execution,  right 
of  officer  to  demand.  16-1045;  1914B- 
859. 

Interpleader,  right  to  file  bill  to  deter- 
mine conflicting  claims  to  proceeds  of 
judgment.     1-513;    1913B-231. 

Judgment  against  principal  as  evidence 
against  surety  on  official  bond.  9— 
156;   1915D-405. 

Mandamus  to  compel  execution  of  writ  or 
other  process  by  sheriff  or  constable. 
1913B-569. 

Municipal  officer,  sheriff  or  deputy  as. 
1914D-1237. 

Eeturn    of   officer,   amendment   in   respect 

to    signature.     17-459. 
— power    of    court    to    compel    sheriff    to 

amend  return.     4-1168. 

Eeward  offered  for  collection  of  evidence 
in  criminal  case,  right  of  constable 
to.     1915A-726. 

Search-warrant  valid  on  face  as  protection 
to  officer  executing.     1913D-214. 

2.    Liability  of  Officer. 

Assault  and  battery,  necessity  of  pleading 
justification  in  civil  action  against 
sheriff  or  constable  for  assault  and 
battery.     21-115. 

— liability  of  sureties  on  bond  for  assault 
committed  by  officer.     1916D-923. 

Attached  property,  injury  or  loss,  liability 
of  officer.     1912A-1114. 

Escape,   liability   of   officer  for  voluntary 

escape.     19i3C~694. 
Excessive    amount   of   property   levied   on 

under  execution,  liability  in  damages. 

1914A-306. 


786    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


SHERIFFS  AND  CONSTABLES— Con- 
tinued. 

Lynching  of  prisoner,  liability  of  sheriff. 
19-889;   1913D-636. 

Mob  inflicting  death  on  prisoner,  liability 
of  sheriff.     1-491. 

Process,  burden  of  proof  in  action  against 
officer  for  failure  to  execute  and  re- 
turn.    1912D-732. 

— liability  of  sheriff  or  constable  for  fail- 
ure to  execute  process,  when  failure 
due  to  acts  or  instructions  of  plain- 
tiff or  his  agent  or  attorney.     4-979. 

— presumption  as  to  damages  recoverable 
from  officer  for  failure  to  execute. 
2-11. 

3.    Sale  and  Deed. 

Caveat  emptor  rule  as  precluding  defenses 
by  bidder  at  sheriff's  sale.     18-501. 

Junior  attachment  or  execution,  liability 
of  sheriff  to  senior  incumbrancer  for 
sale  under.     1917B-712. 

Misreeital  in  sheriff's  deed,  effect.  1913B- 
195. 

Parcels  or  en  masse  sale  of  property  at 
sheriff's   sale.     8-741;    1913B-619. 

Sheriff  or  constable  selling  to  himself, 
validity  of  execution  sale.  1914B- 
836. 

Void  execution  sale,  right  of  purchaser  to 
recover  money  paid  from  levying  offi- 
cer.    1915C-596. 


4.     Compensation  and  Expenses. 

Attached  property,  reimbursement  for  ex- 
pense of  keeping.     1913E-758. 

Commission  for  selling  property  under  exe- 
cution or  order  of  sale,  right  of  offi- 
cer where  party  entitled  to  proceeds 
bids  in  property,  1915C-1123;  1918 A- 
373. 

Fees  of  sheriff  or  constable,  personal  lia- 
bility  of  attorney.     1917B-521. 

"Necessary  expenses"  of  sheriff,  what  con- 
stitute.    1918D-928. 

Percentage  of  amount  collected  on  sale  of 
property,  validity  of  statute  allowing 
sheriff.     1913B-1299. 


SHERMAN  ANTI-TRUST 
ACT. 

See  Monopolies. 

Application  of  act  to  agreement  regarding 
sale  of  copyrighted  books.  1915A- 
372. 

Illegal  combinations  within  act.  2-956; 
9-299;  1912D-764;  1913D-721;  1917D- 
329. 

Witness  testifying  in  proceeding  under 
act,  extent  of  immunity  granted. 
1914C-13L 


SHIP  CANAL. 

Ship  channel  as  "pubUe  works."     11-596. 


SHIPS  AND  SHIPPING. 

1.  In  General. 

2.  Definitions. 

3.  Navigation. 

4.  Masters  and  Pilots. 

5.  Seamen. 

6.  Charter-parties. 

7.  Salvage. 

8.  Carriage  of  Goods. 

9.  Carriage  of  Passengers. 
10.  Towage. 

8ee  Carriers  of  Goods;  Marine  Insurance. 

1.    In  GeneraL 

Admiralty    jurisdiction   in    tort.     13-1216. 

Duress,  money  paid  to  enable  vessel  to  ob- 
tain clearance  papers  as  compulsory 
payment  under  duress  of  personalty. 
1913A-1356. 

Federal  Employers'  Liability  Act,  employee 
working  on  watercraft  as  entitled  to 
protection.     1918B-6S. 

Independent  contractor,  persons  employed 
in  loading  or  unloading  vessel  as  con- 
stituting.    19-26;    1918C-659. 

Lien  for  construction  of  vessel.  1915D- 
47,  54. 

Maritime  law  as  part  of  common  law. 
1913E-1229. 


SHIPS  AND  SHIPPING. 


787 


SHIPS  AND  SHIPPING— Continued. 

Name  on  vessel  as  evidence  of  ownership. 
191oD-355. 

Physician  or  surgeon,  liability  of  steam- 
ship company  for  negligence.  1912B- 
935. 

Prizes  of  war,  right  to  bring  into  neutral 
port.     1917D-448. 

Seizure  of  vessels  outside  territorial  juris- 
diction for  violation  of  municipal  law. 
3-811. 

Service  of  process,  financial  agent  of 
steamship  company  as  agent  within 
statute  providing  for  service  of  pro- 
cess on  agent  of  foreign  corporation. 
19-206. 

Stevedores,  liability  for  injury  to  winch- 
man  loaned  by  vessel.     20-442. 

Taxation,  situs  of  vessels  for  purpose.  3- 
1103;  6-211;  7-446;  20-966;  1914D- 
289. 

Wharfage  charges,  mode  of  use  of  wharf 
by   vessel   as   affecting.     13-385. 

Wharves,  injuries  sustained  on  defective 
wharf  by  person  having  business  with 
officer  of  vessel,  right  to  recover  dam- 
ages.    1916C-145. 

Workmen's  Compensation  Act  as  appli- 
cable to  work  on  vessel  or  operation 
of   vessel.     1917D-21,   29. 

• — maritime  employees  as  within  purview 
of  act.  1916B-8S,  280;  1917E-919; 
1918B-661. 


2.  Definitions. 

"Any    ports,"    legal    meaning.     1916E-78. 

Appurtenances  of  ship,  what  constitute. 
5-652. 

Derelict,  what  constitutes.     17-939. 

"Equipment,"  meaning  in  statute  relating 
to  attachment  or  lien  on  steamboat. 
1913B-200. 

"Nfcar  coast,"  "near  open  port,"  meaning 
of   terms.     1913D-124. 

"Owner,"  construction  of  term  in  statute 
limiting  liability  of  owner  of  vessel. 
11-32. 

Ships  as   "merchandise."     11-681. 

3.  Navigation. 

Bridges,  liability  for  injury  caused  by 
vessel.     1917B-938. 


SHIPS  AND  SHIPPING— Continued. 

Collision,  failure  of  vessel  to  hear  fog  sig- 
nals as  evidence  of  negligence.  13- 
449;   18-528. 

— ^loss  of  use  of  vessel  without  total  loss, 
right  to  recover  damages.  1917B- 
999. 

— total  loss  of  vessel,  prospective  profits 
as  element  of  recovery.     6-131. 

Displacement  waves,  duty  of  vessel 
to  avoid  causing  injury  to  other  ves- 
sels by.     12-613. 

Harbors,  mooring  or  anchoring  vessel  at 
place  other  than  wharf,  right  to.  20- 
813. 

Motor  boats,  statutory  or  municipal  reg- 
ulation.    1915C-1139. 

Signal  light,  vessel  anchored  or  moored 
in  fairway  or  harbor,  duty  to  display. 
16-550. 


4.    Masters  and  Pilots. 

Criminal  liability  of  master  of  vessel  for 
loss  of  life  of  paisenger.     14—461. 

Negligence  of  pilot,  liability  of  pilot  or 
of  pilot  association.     13-949. 

Pilot  and  master  of  vessel,  relative  rights 
and  duties.     10-382. 

Repairs,  supplies  or  advances,  authority 
of  master  of  vessel  to  pledge  owner's 
credit.     18-875. 

Statutes  relating  to  pilots,  effect  of  par- 
tial  invalidity.     1916D-78. 

5.    Seamen. 

Assaults  on  seamen  by  master  or  other 
officer,  liability  of  vessel  owner.  10- 
378. 

Discharge  of  seamen,  measure  of  damages 
for  wrongful  discharge.     14-946. 

End  of  voyage,  what  constitutes.  9-505; 
20-851. 

Fellow-servants,  crew  members  as  consti- 
tuting.    21-110. 

Lights,  liability  of  owner  for  injury  to 
servant,  received  while  in  place  not 
sufficiently  lighted.     20-6. 

Loss  of  vessel,  what  constitutes  within 
meaning  of  statute  terminating  sea- 
men's  wages.     6-68;    1916D-6S8. 

Night  watchman,  duty  and  liability  of 
master  with   respect   to.     1912C-1038. 


788     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


SHIPS  AND  SHIPPING— Continued. 

"Seaman,"    persons   within    term.     17-104. 

Sick  or  disabled  seaman,  duty  of  ship 
owner  or  master  toward.     7-203. 

Wages,  assignment  of  unearned  wages  of 
seaman,  validity.     5-66. 

— attachment  or  arrestment,  construction  of 
statute  exempting  seamen's  wages. 
15-130. 

— refusal  of  seaman  to  proceed  to  belliger- 
ent port,  right  of  seaman  under  eon- 
tract  of  service  for  ordinary  voyage 
without  relinquishing  right  to  wages. 
7-347. 

— subrogation  to  seamen's  lien  of  person 
advancing  money  to  pay  wages.  10- 
212. 

—time  lost  on  account  of  illness,  right 
of  seaman  to  recover  wages.  1912A- 
1183. 

6.    Charter-paxties. 

Cancellation  clause  in  charter-party,  con- 
struction.    20-587. 

Demise  of  vessel  by  charter-party.  5-623; 
8-496. 

"Near,"  meaning  of  word  as  used  in  char- 
ter-party.    1913D-123. 


7.    Salvage. 

Damage  for  injuries,  allowances  as  part 
of  award  to  salving  vessel.     14^88. 

Efforts  of  others  necessary  to  saving  of 
property,   right   to    salvage.     17-1159. 

Review  of  salvage  award.     20-561. 

Salvage  service,  extinguishing  fire  on  ves- 
sel as.     17-911. 

8.    Carriage  of  Goods. 

Bill  of  lading,  conclusiveness  of  statement 
as  to  quantity  of  goods  received  by 
carrier.     21-225. 

Contract  of  affreightment,  right  of  cargo 
owner  to  treat  as  ended  by  abandon- 
ment  of  vessel.     4-412. 

Damage  by  sea  water  as  result  of  peril 
of  sea  within  contract  of  affreight- 
ment.    15-750. 

Delivery  of  goods  by  carrier  by  water, 
sufficiency  to  terminate  its  liability. 
6-16. 


SHIPS  AND  SHIPPING— Continued. 

Demurrage,  lien  of  carrier  by  water  in  ab- 
sence of  contract.     5-388. 

Deviation  of  vessel,  effect  on  contract 
limiting  liability  for  loss  or  damage  to 
cargo.     7-283;  17-839. 

Lfimitation  of  liability  of  vessel  owners. 
1913D-1224. 

— Harter  Act  as  affecting  validity  of  con- 
tract limiting  liability.     4-1108. 

Loss  or  injury  to  cargo  due  to  inherent 
vice,  liability  of  ship  owner.     13-246. 

Offered  goods  for  transportation,  duty  of 
carrier  by  water  to  receive.     15-1047. 

Prize,  enemy  goods  shipped  before  com- 
mencement of  hostilities  as  subject  of 
maritime  prize.     1916B-736. 

Strike    as    excuse    for    nonperformance    of 

contract.     12-313. 
Sunday  or  holiday  as  excluded  or  included 

in  computation  of  performance  of  act 

by    parties    under    shipping    contract. 

1917E-947. 

Unseaworthiness  of  vessel,  effect  upon  its 
liability  for  goods  damaged  by  other 
causes.     13-509. 


9.     Carriage  of  Passengers. 

Accommodations  for  passengers,  duty  of 
carrier  with  respect  to.     20-1017. 

Baggage  of  passenger,  ocean  steamship 
ticket  limiting  liability,  validity  and 
effect  of  stipulation.     9-913. 

Delay  in  transporting  passenger,  liability 
of  carrier  by  water.     17-955. 

Passenger  falling  overboard,  liability  of 
carrier  for  injury  or  death.  1917D- 
1038. 

Sickness  of  passenger  during  transit,  duty 
and  liability  of  carrier.     21-1086. 


10.    Towage. 

Collision  of  tow  with  another  vessel,  liabil- 
ity.    19-301;  1915D-588. 

Duty  of  tug  to  tow  with  respect  to  equip- 
ment of  tug.     1914A-55. 

Independent  contractor,  tugboat  as.  19- 
26. 


SHIPWRIGHTS. 

Shipwright  as  engaged  in  trade. 
1201. 


1916A- 


SHOEMAKERS— SIDE-TRACKS. 


789 


SHOEMAKERS. 

Shoemaker  as  engaged  in  trade.     1916A- 

1201. 


SHOWCASE. 

Nuisance  arising  from  location  in  front  of 
building.     1913D-1212. 


SHOES. 

Admissibility  in  criminal  case  of  evidence 
obtained  by  requiring  defendant  to 
furnish  shoe  to  compare  with  foot- 
prints.    1917D-237. 

Trademark  or  trade  name  as  infringed  by 
similar  name.     1915B-349. 


SHOOTING. 

Civil  liability  of  sportsman  for  shooting 
another  while  hunting.  20-126; 
1918C-386. 

Injury  resulting  from  shooting  firearm  as 
accident  arising  out  of  and  in  course 
of  employment  within  "Workmen's 
Compensation  Act.     1916B-1302. 

Trespass  by  shooting  across  land  of  an- 
other.    10-531. 


SHOPLIFTING. 

False  imprisonment  for  shoplifting,  exces- 
siveness  of  verdict  in  action  for. 
1916C-511,  512. 


SHOPS. 

Burglary,    description    of    shop   in    indict- 
ment, suflSciency.     1913D-871. 

Meaning    of    "shop"     as     compared    with 
"store."     1913E-1126. 


SICK  DUES. 


Eeduction  of  rate  by  amendment  of  by- 
laws after  liability  of  society  has  ac- 
crued.    1-718. 


SICKNESS. 

See  Disease. 

Blindness  or  defective  vision  as  within 
term  "sickness."     1913A-766. 

Carriers  of  passengers,  duty  and  liability  in 
case  of  sickness  of  passenger  during 
transit.     21-1081;   1916C-S62. 

— ejection  of  sick  passenger  for  nonpay- 
ment of  fare,  right  of  carrier.  1915D- 
145. 

Counsel,  sickness  as  ground  for  continu- 
ance of  action.     1913C-432. 

Master  and  servant,  right  of  employee  to 
wages  for  time  lost  on  acount  of  ill- 
ness.    1912A-1181. 

Medical  attendance,  implied  authority  of 
officers,  agents  and  servants  to  con- 
tract for.     3-570. 

Suretyship,  sickness  of  principal  in  crim- 
inal bail  bond  as  exonerating  sureties. 
1915B-434. 

Visit  to  sick  relative,  liability  for  refusal 
to  permit.     1914A-1248. 


SHORT  CUT. 

Accident  arising  out  of  and  in  course  of, 
employment  by  taking  short  cut  to  or 
from  work  as  within  Workmen's  Com- 
pensation  Act.     1913C-10,   11,   12,   19. 


SHOULDER. 

Injury  to  shoulder,  excessiveness  or  inade- 
quacy of  verdict.  16-29;  1913A-1371; 
1916B-437,  455. 


SHOVEL-CAR. 

Term  "car"  as  including  shovel-ear.    1914D- 
46. 


SIDE. 

Injury    to    side,    inadequacy    of    verdict. 
1916B-438. 


SIDE-UNE. 

Traveling   salesman    carrying   side-line    as 
breach  of  contract.    -19180-952. 


SIDE-TRACKS. 

Power  of  Public  Service  Commission  to 
compel  railroad  to  build.  1915D-210; 
1918E-339. 


790    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


SIDE-TRACKS— Continued. 

Railroad  required  to  build  side-track  to 
private  establishment  at  own  expense, 
validity  of  statute.     18-991. 

Street  railways,  power  to  construct  side- 
tracks.    1916C-793. 


SIDEWALKS. 

See  Streets  and  Highways. 

Areaways,  right  of  abutting  owner  to 
maintain  in  sidewalk.  2-366;  20-543; 
1917A-558. 

Banana  peel  or  the  like  on  sidewalk,  liabil- 
ity of  municipality  for  injury  caused. 
1918E-178. 

Bicyclist,  right  to  ride  on  sidewalk.  13- 
1014. 

Coal-hole  in  sidewalk,  legal  liability  for  in- 
jury sustained  by  pedestrian.  1917D- 
494. 

Construction  by  municipality,  necessity  of 
prior  notice  to  lot  owner.     3-676. 

Depression  or  difference  in  grade  in  side- 
walk, liability  of  municipality  for  in- 
juries arising.     20-798. 

Meaning  of  term  "sidewalk."     20-1046. 

Mechanic's  lien  for  construction  of  side- 
walk.    4-1015. 

Obstruction,  right  of  abutting  owner  in 
transferring  goods  to  or  from  building. 
16-145. 

Planting  trees,  grass,  etc.,  right  of  munici- 
pality to  use  part  or  permit  use. 
1912D-1236. 

Removal  of  snow,  validity  of  ordinance 
imposing  duty  on  property  owner.  4- 
238. 

Smooth  or  slippery  condition  resulting 
from  wear  or  nature  of  material  used, 
liability  of  municipality  for  injuries 
caused.     1913A-670. 

Special  assessment  for  constructing,  liabil- 
ity as  between  life  tenant  and  remain- 
derman.    1914B-819. 


SIGNALS. 

Automobiles,  municipal  regulation  as  to 
signaling    devices.     1916E-1049. 

Evidence  as  to  locomotive  and  street-car 
signals,  weight  of  positive  and  nega- 
tive testimony.  12-1033;  18-633; 
1916A-163. 


SIGNALS— Continued. 

Fog  signal,  failure  to  hear  as  evidence  of 
negligence  on  part  of  vessel.  13-449; 
18-528. 

Misinterpretation  of  signal  by  railroad  em- 
ployee as  negligence.     1915A-1265. 

Bailroads,  animals  on  track,  duty  to  blow 
whistle  or  give  other  warning.  1915B- 
462,  472,  474. 

— automatic  device  for  ringing  bell,  valid- 
ity of  statute  requiring  railroad  to 
equip  locomotives.     1914D-1289. 

— duty  to  give  signals  at  other  than  grade 
crossings.     3-361;  16-1234. 

— failure  of  railroad  to  give  as  actionable 
negligence  in  favor  of  plaintiff  for 
whose  benefit  law  was  not  enacted. 
1912D-1107. 

— frightening  horses  in  giving  signals, 
liability  for  personal  injury  caused. 
1913B-295. 

— private  crossings,  duty  of  railroad  to 
give  signals.     21-568. 

Street  railways,  approach  of  car,  duty  to 
give  notice  by  sounding  gong  or  bell. 
20-152. 

— flights,  duty  and  liability  in  reference  to 
placing  signal  lights.     10-605. 

— signaling  on  approaching  another  car 
discharging  passengers,  duty  of  motor- 
man.     1912B-865. 

Vessels  anchored  or  moored  in  fairway  or 
harbor,  duty  to  display  signal  lights. 
16-550. 


SIGNATURES. 

See  Forgery. 

Acknowledgments,  necessity  that  officer 
certifying  authority  be  acquainted 
with  signature  of  officer  taking  ac- 
knowledgment.    1915D-1239. 

Agent's  signature  to  memorandum  as  suffi- 
cient under  statute  of  frauds.     4-893. 

Auctions,  signature  of  auctioneer  for  pur- 
chaser or  seller  at  sale,  implied  author- 
ity therefor.     1912D-1069. 

Bill  of  exceptions,  effect  of  judge's  neglect 
to  sign  within  time  required  by  law. 
1913A-914, 

Bills  and  notes,  signatures  of  maker  and 
indorser  of  promissory  note,  necessity 
of  proving  in  action  on  note.  1917A- 
770,  809,  813,  817,  821. 


SIGNBOARDS— SILVERSMITHS. 


791 


SIGNATURES— Continued. 

Facsimiles,  proof  hj  comparison.  1912B- 
417. 

Failure  of  maker  to  subscribe  name  to  in- 
strument as  cured  by  acknowledgment. 
1913A-398. 

Frauds,  statute  of,  signature  of  memoran- 
dum required  by  statute,  sufficiency  of 
signature  by  one  onlv  of  parties.  3- 
1036;  13-1121;  19120^416. 

Genuineness  of  signature,  burden  of  proof. 
1913A-194. 

Justice  of  peace,  effect  of  omission  to  sign 
summons.     1914A-1088. 

Marks,  proof  by  comparison  or  opinion  evi- 
dence.    19-504. 

Petitions,  necessity  for  actual  signing  as 
presented,  instead  of  having  signa- 
tures detached  from  other  like  petition 
and  affixed  thereto.     14-486. 

— withdrawal  of  name  before  petition  is 
acted  on,  right  of  signer.  15-1125; 
1913A-43. 

Printed  signature  sufficiency  of  memoran- 
dum within  statute  of  frauds.  1913B- 
663;  1918B-1030. 

Eeturn  of  officer,  amendment  of  signature. 
17-459. 

Suretyship,  omission  of  signature  by  prin- 
cipal on  obligation  as  affecting  liabil- 
ity of  surety.  2-219;  1912A-1015; 
1917C-1073. 

Trustees,  use  of  descriptive  term  after  sig- 
nature as  notice  of  trust  relation.     16- 
•     843. 

Verdicts,  necessity  of  jury  signing  verdict. 
1913D-182. 

"Wills,  "attestation"  when  used  with  refer- 
ence to  will  as  including  "subscrip- 
tion."    16-1091. 

— erasure  or  obliteration  of  signature  as  re- 
voking will  where  another  signature  is 
added.     20-218. 

— subscribing  witnesses,  sufficiency  of  sub- 
scription to  will,     4-637. 

— sufficiency  with  respect  to  manner  of 
signing  by  testator.  18-769;  1917B- 
874;  1918E-1040. 

— testator's  signature  "at  end"  of  will.  2- 
730;  11-1013;  1913C-485;  1916E-140; 
1918B-230. 


SiaNBOARDS. 

Erection  as  violation  of  restrictive  cove- 
nant against  offensive  trade  or  busi- 
ness or  similar  covenant.     16-225. 


SIGNS. 

Fall  of  sign  causing  personal  injury,  lia- 
bility of  person  maintaining  sign  SU3» 
pending  over  street.     10-718;   17-376. 

Landlord's  right  to  place  sign  on  demised 
premises.     12-41. 

Municipal  regulation  of  signs  and  bill- 
boards. 2-897;  16-76G;  191ZTHQ58; 
1916C-941. 

Street  railways,  destination  indicated  by 
sign  on  car  as  entitling  passenger  to 
rely  thereon.     3-1080. 


SILENCE. 

Arrest,  waiver  of  illegal  arrest  by  silence. 
16-464. 

Attorney's  silence  during  trial  when  op- 
posing attorney  states  matters  of  fact 
admitted  by  adverse  party  as  admis- 
sion of  such  matters.     1913E-945. 

Criminal  law,  admissibility  in  evidence  of 
undenied  accusation  of  crime.  1913C- 
240. 

Estoppel  by  silence  to  claim  dower. 
1912B-96. 

Failure  of  party  to  civil  action  to  reply  to 
oral  statement  as  implied  admission. 
1918C-9,  40,  42. 

Fire  insurance,  waiver  of  breach  of  policy 
condition  as  established  by,  silence  of 
insurer  having  notice  of  breach.  8- 
500. 

Infant's  silence  after  coming  of  age  as 
ratification  of  deed.     1912C-775. 

Eatifieation  of  act  of  stranger  by  silence. 
1912B-151. 

Trusts,  silence  by  cestui  que  trust  as  ac- 
quiescence in  breach  of  trust  by  trus- 
tee.    1914C-748. 


SILVERSMITHS. 

Silversmith  as  engaged  in  "trade."     1916A- 
1201. 


792    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 

SILVERWARE.  SKULL. 


Meaning  of  word  "similar."     18-792. 

Trademark  or  trade  name  as  infringed  bj 
similar  name.     1915B-342. 


SIMILARITIES. 

Handwriting,  probative  effect  on  issue  of 
genuineness.     1913B-1317. 


SIMILAR  PROPERTY. 

Meaning  of  term  in  statute  relating  to  tax- 
ation.    18-794. 


SINGING-SCHOOL. 

What  is  singing-school.     1912B-1354. 


Praeture  or  other  injury,  excessiveness  or 
inadequacy  of  verdict.  16-37; 
1913A-1375;   1916B-440. 

SLANDER. 

See  Libel  and  Slander. 

SLANDER  OF  TITLE. 

Burden  of  proof  in  action  for  slander  of 
title  to  realty.     1913C-1362. 

Damages  recoverable  for  slander  of  title. 
21-221. 

Patent,  jurisdiction  of  state  court  of  action 
involving  slander  of  title.     1916B-806. 

Who  'may  sue  for  slander  of  title  to  realty. 
1913C-1360. 


SISTERS. 

Death  by  wrongful  act,  what  is  inadequate 
verdict.     1916B-468. 

Insurable  interest  of  brother  or  sister  in 
life  of  other.     1914C-284. 

Workmen's  compensation,  sister  as  depend- 
ent.    1918B-759. 


SITUS. 

See  Inheritance  Tax;  Taxation. 

Attachment,  situs  of  corporate  shares  of 
stock  for  attachment  purposes. 
1912D-954. 

Executors  and  administrators,  situs  of  cor- 
porate stock  for  purpose  of  administra- 
tion.    1915B-702. 

Garnishment,  situs  of  debt  for  purpose. 
1913D-803. 


SKATING-RINK. 

Nuisance,  skating-rink  as.     ld-104. 


— ^noise    from    skating-rink 
1912B-430. 


as    nuisance. 


SLAUGHTER-HOUSES. 

Operator  as  "dealer."     1917A-967. 
Statutory   regulation.     18-470;    1915C-245. 

SLAVES. 

Census  reports  of  slaves  as  evidence  of 
slavery.     9-883. 

Freeing  slave  as  constituting  larceny.  18- 
826. 

Illegal  sale  of  liquor  to  slave,  burden  of 
proof  of  right  to  sell  in  prosecution 
therefor.     1913C-635. 

Increase  in  value  under  life  tenancy,  who 
entitled  to.     1916B-131. 

Infant  bound  out  to  service,  statutft 
authorizing  state  as  within  constitu- 
tional provision  against  slavery  or  in- 
voluntary servitude.     9-402. 

Legitimacy  of  children  of  slaves.     5-144. 

S'tates  carved  out  of  Northwest  Territory 
as  affected  by  Ordinance  of  1787  re- 
specting slavery.     1915D-947. 

Trading  with  slaves,  inducement  to  commit 
offense  with  view  to  prosecution  as  de- 
fense.    17-298. 


SKILL. 

Degree    required    of    physicians    and    sur- 
geons.    1-306;    14-605. 


SLEEPING-CARS. 

Acts  of  employees  with  relation  to  passen- 
gers as  affecting  liability  of  railroad 
company.     19-1134. 


SLEEPING  PERSONS— SMUGGLING. 


793 


SLEEPING-CAES— Continued. 

Contagious  or  infectious  disease,  obliga- 
tion of  sleeping-car  company  to  tirans- 
port  afflicted  passenger.     8-221. 

Fellow-servants,  employers  of  palace-ear 
company  and  of  railroad  company  as 
fellow-servants.     13-1146. 

Loss  of  passenger's  property  left  by  Mm  in 
berth  while  temporarily  absent,  liabil- 
ity.    10-895;  1914C-963. 

Operation,  statutory  regulation.  15-415; 
19140-482. 

Property  or  effects  of  passenger  for  which 
liable.     14-521;    1912B-974. 

Protection  of  passengers  from  assault,  rob- 
bery, or  the  like,  duty  of  company. 
1913A-900;   1914C-963. 

Pullman  car  employee  as  servant  of  rail- 
road company  under  federal  Em- 
ployers' Liability  Act.     1918B-53. 

Release  of  railroad  company  from  liability 
to  employees  on  cars  hauled  for  sleep- 
ing-car company,  validity  and  enforce- 
abilitv  of  contract.  12-738;  1915B- 
534;   19183-293. 

Service   on  branch  line,  power   of  Public 
•     Service  Commission  to  compel  sleeping- 
car  company  to  install.     1917E'-992. 


SLEEPING  PERSONS. 

Carrier  of  passengers,  duty  to  awaken  pas- 
senger before  reaching  destination. 
7-720. 

Confession  made  by  person  while  asleep, 
admissibility  in  evidence.     19140-561. 

Declaration  or  admission  made  by  person 
while  asleep,  admissibility  in  evidence. 
1914C-561. 

Injuries  received  during  sleep  as  affecting 
liability  of  insurer  against  accident. 
6-554. 

Rape  on  sleeping  woman.     4r-685. 

Sleeping-cars,  duty  of  company  to  awaken 
passenger  before  reaching  destination. 

7-720. 


SLIDING  ROCK. 

Liability  of  master  to  servant  for  injuries 
caused  by  sliding  of  rock,  earth,  etc., 
in  trench,  quarry  or  other  excavation. 
7-301;   21-708. 


SLIPPERINESS. 

Carriers  of  passengers,  banana  peel  or  the 
like,  liability  for  injury  to  passenger 
caused  by  slipping  on.     21-1144. 

— ice  or  snow  on  steps  of  vehicle,  liability 
of  carrier  for  failure  to  remove.  17- 
51;   1915A-767. 

Sidewalks,  due  to  wear  or  nature  of  ma- 
terial, liability  of  municipality  for  in- 
juries caused.     1913A-670. 

Store  floor,  liability  of  owner  to  customer 
for  injuries  caused  by  slippery  condi- 
tion.    1914A-133. 


SLOT  MACHINES. 

Application  of  statute  against  gaming  or 
gambling  to  slot  machine.  20-131; 
19150-173. 


SMELL. 

Testimony  by  witness  as  to  smell  or  odor, 
19^14B-736. 


SMOKE. 

Fright  of  horse  on  adjacent  highway 
caused  by  volume  of  smoke  arising 
from  use  of  premises,  liability  of 
owner.     19120-464. 

Nuisance  arising  from  burning  soft  coal. 

12-846;  1912B-1036. 
— partial  invalidity  of  statute  relating  to 

smoke  nuisance.     1916D-77. 
— running  of  statute  of  limitations  against 

action  for  damages.     10-186. 

Validity  of  smoke  ordinance  or  statute. 
2-582;  13-1200;  1918B-173. 


SMOKEHOUSE. 

Burglary,  description  in  indictment,  suffi- 
ciency.    1913D-874. 

SMOKING. 

See  Tobacco. 

SMUGGLING. 

Judgment  in  criminal  proceeding  as  res 
judicata  in  proceeding  to  forfeit  smug- 
gled articles.     21-1190. 


794    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


SNAKE  BITES. 

Accidental  injury  within  accident  policy. 
2-142. 


SNOW. 

Abutting  owner's  right  to  deposit  in  street. 
1913D-187. 

— liability  for  failure  to  remove  from  high- 
way.    1-946. 

Sidewalks,  validity  of  ordinance  requiring 
owner  or  occupant  of  property  to  re- 
move snow  and  ice.     4-238;  13-705. 

Steps  of  carrier  vehicles,  liability  for 
failure  to  remove.     17-51;  1915A-767. 

Street  railway  tracks,  removal  of  snow. 
1-219. 


SNOWSLIDE. 

Injury  caused  as  accident  arising  out  of, 
and  in  course  of,  employment.  1916B- 
1303. 


SOAP. 

Trademark  or  trade  name  as  infringed  by 
similar  name.     1915B-343. 


SOBRIETY. 

Presumption  of  temperance.     1918A-620. 

SOCIAL  STANDINa. 

Evidence  admissible  as  to  plaintiff's  social 
standing  in  action  of  libel  or  slander. 
6-768. 

SOCIETIES  AND  CLUBS. 

See  Associations;  Eeligious  Societies. 

Badge  or  emblem  worn  by  nonmember,  va- 
lidity of  statute  making  it  offense.  21- 
1037. 

Communistic  society  or  corporation  as  con- 
trary to  public  policy.     11-236. 

Contract  made  by  or  on  behalf  of  unincor- 
porated association.  21-1088;  1916A- 
853. 

Dues,  legal  obligation  of  member  of  unin- 
corporated association  to  pay.  1912B- 
989. 


SOCIETIES  AND  CLUBS— Continued. 

Embezzlement  by  member  of  unincorpo- 
rated  association.     14-724. 

Gambling,  applicability  of  statute  against 
gaming   to   social   club.     1912A-995. 

Gift  inter  vivos  to  unincorporated  asso- 
ciation,   validity.     1912A-6S9. 

Injuries  sustained  by  applicant  for  mem- 
bership during  initiation,  liability. 
12-554. 

Liquor  distribution  to  members  as  af- 
fected by  statutes  regulating  traffic  in 
intoxicating  liquors.  10-386;  1912A- 
1088;    1915B-1064;    1916D-940. 

Mandamus  as  remedy  against  unincorpo- 
rated association.  16-1246;  1914B- 
90. 

Membership,  termination  in  society  or 
club.     1913C-398. 

— what  constitutes  membership  in  unin- 
corporated association.     17-1145. 

Name,  right  of  unincorporated  benevolent, 
fraternal  or  social  organization  to 
protection  in  use  of  its  name.  1918A- 
245. 

Promotion  of  business  .  interest  of  com- 
munity, powers  and  liabilities  of  as- 
sociation organized  for  purpose. 
1917C-787. 

Quo  warranto  proceedings,  joinder  of 
parties.     1918D-216. 

Secret  societies  among  students,  validity 
of  statutory  or  other  prohibition. 
1916E-527. 

Suit  in  association  name,  liability  of  un 
incorporated  association  in  absence  of 
permissive  statute.     6-833. 

• — right  of  unincorporated  association  to 
bring  in  absence  of  permissive  stat- 
ute.    3-699. 


Taxation,  social  club  as  exempt. 
277. 


1918E- 


SODA  FOUNTAINS. 


Soda    dispenser    as    en 
1916A-1201. 


in    "trade. 


SODA  WATER. 

Soda  water  as  food.     1913E-1293. 


SODOMY— SPECIAL  ASSESSMENTS. 


795 


SODOMY. 

Emission   as  element   of  sodomy.     11-94. 

Imputing    sodomy    to    man    as    actionable 
slander.     1917A-1045. 

Penetration  per  os  as   sodomy.     21-336. 
Solicitation    of    sodomy    as   indictable    of- 
fense.    2-457. 


SOLAR  TIME. 

See  Time. 


SOLDIERS. 

See  Army  and  Navy;  Militia. 

Civil  or  criminal  liability  of  soldier  for 
injury  to  person  or  property.  1917C- 
8. 

Elections,  right  of  soldier  in  actual  ser- 
vice   to    vote.     1917B-485. 

Licenses,  exemption  of  soldiers  from  oc- 
cupation taxes  as  unconstitutional. 
2-326. 

Paupers,  family  of  soldier  as  constituting. 
20-764. 

Pensions,  effect  of  pensioner  becoming  in- 
mate   of   soldier's   home.     1916C-854. 

Public  property  purchased  or  received  in 
pledge  from  soldier  or  sailor,  lia- 
bility  of  civilian.     1918B-523. 

Wills    of   soldiers.     1916A-483. 

SOLE  AND  UNCONDITIONAL 
OWNERSHIP. 

See  Fire  Insurance. 


SOLICITATION  OF  BUSI- 
NESS. 

Attorneys,  right  to  compensation  as  for- 
feited by  solicitation  of  business. 
10-842;    1917C-872. 

— solicitation  of  employment  as  ground 
for    disbarment.     1918E-133. 

Hotels,  lodging  or  rooming  houses,  va- 
lidity of  statute  or  ordinance  regu- 
lating or  licensing  solicitation. 
1916C-294. 

Intoxicating  liquors,  what  constitutes 
solicitation  of  orders  in  prohibition 
territory.     1915D-736. 


SOLICITATION  OF 
CHASTITY. 

Civil   and   criminal   liability.     2-457. 

SOLVENCY. 

Implied  warranty  as  arising  from  assign- 
ment of  chose  in  action  without  re- 
course.    1912A-926. 

SOUNDING  GONG. 

Duty  of  street  railway  to  give  notice  of 
approach  of  ear  by  sounding  gong. 
20-152. 


SOUNDNESS. 

Horse,    express    warranty    on    sale.    21- 
1003. 


SPANISH  AND  MEXICAN 
GRANTS. 

Abandonment  of  land  granted  thereunder. 
19-376. 

SPANISH  LAW. 

Partition  of  lands  by  parol,  validity 
under  Spanish  law.     8-407. 

SPECIAL  APPEARANCE. 

See  Appearance. 

SPECIAL  ASSESSMENTS. 

Attorney's  fee  for  collection,  validity  of 
statute  providing  for  recovery.  11- 
811;    1912A-692. 

Cost  of  local  improvement  exceeding  au- 
tli(  ized  debt  limit,  right  of  mu- 
nicipality to  contract  for.  1917B- 
192. 

Cemetery  or  lot  therein,  liability  to  spe- 
cial assessment.  1912A-10ol;  1916B- 
78. 

Corner  lot,  mode  of  assessing  for  public 
improvement  under  front-fcot  rule. 
1915D-1077. 

County  property,  liability  to  special  as- 
sessment.    16-887;    1917D-847. 

Covenant  to  pay  taxes  as  including  spe- 
cial assessments.     12-589. 


796    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


SPECIAL  ASSESSMENTS— Continued. 

De  minimis  non  curat  lex,  application  of 
doctrine  to   proceedings.     19-968. 

Estoppel  of  property  owner  to  attack  va- 
lidity of  assessment.     1915B-75?.. 

Excess  of  benefits,  constitutionality  of 
special  assessment  in  excess.     3-11. 

Exemption  from  assessment  for  local  im- 
provement as  included  within  ex- 
emption from  taxation.  15-349; 
1913D-1114;   1915A-219. 

Front  foot  instead  of  according  to  bene- 
fit, validity  of  levy.  1913A-66o; 
1916B-194;    1916E-769;    1918D-432. 

— corner  lot,  mode  of  assessing  under 
front-foot   rule.     1915D-1077. 

Intersection  of  streets,  cost  of  improving. 
21-635. 

Judicial  inquiries  into  motives  prompting 
enactment  of  ordinance  relating  to 
local   improvement.     1912A-718. 

Lien  of  special  assessment  as  affected  by 
sale  of  property  for  general  tax. 
1913A-678, 

"Local  improvement"  for  which  special 
assessment  may  be  levied,  meaning 
of  term.     20-339;   1914B-o42. 

Municipal  property,  liability  to  special 
assessment.     16-888;    1917D-849. 

Notice  of  proceeding  to  levy  assessment, 
right  of  mortgagee  of  property  to 
notice.     1912D-536. 

Outstanding  special  assessment  as  breach 
of  covenant  against  incumbrances. 
1918D-975. 

Personal  liability  of  abutting  owner, 
constitutionality  of  statute  provid- 
ing for.     17-1255. 

Petition  or  remonstrance  for  local  im- 
provement, who  may  file.  1918E- 
837. 

Priority  of  lien  for  special  assessment 
over  earlier  incumbrance.  1913C- 
1210. 

Public  property  as  subject  to  special  as- 
sessment.    1917D-844, 

— liability  in  absence  of  express  statutory 
provision.     16-886. 

Quieting  title,  lien  as  cloud  on  title  sub- 
ject to  action  to  remove.     1914A-888. 

— limitation  of  action  to  remove  lieu  as 
cloud   on   title.     1914A-893. 


SPECOAL  ASSESSMENTS— Continued. 

Railroad  right  of  way,  assessment  for 
street  improvements.  2-587;  12-635; 
1916E-579. 

Eemainderman  and  life  tenant,  liability 
to  pay  special  assessment  as  between 
them.     1914B-817. 

Bural  highway,  assessing  cost  of  construc- 
tion or  repair  on  land  benefited,  va- 
lidity   of    statute.     1913D-550. 

School  property,  liability  to  special  as- 
sessment. 12-419;  16-888;  1913D- 
1103;    1916D-666. 

Setoff  or  counterclaim,  right  to  set  up 
against  special  assessment.  1914C- 
340. 

Sewers,  property  subject  to  special  sewer 
assessment.     1915D-384. 

Sprinkling  streets,  power  of  municipality 
to  levy  special  assessment  to  pay 
cost.     12-611. 

State  property,  liability  to  special  as- 
sessment.    16-887;     1917D-845. 

Streets,  liability  of  public  street  to  spe- 
cial assessment.     16-889. 

Time  within  which  special  assessment 
must    be   made.     1917E-137. 

United  States  property,  liability  to  as- 
sessment.    16-886;    1917D-844: 

Water-pipes,  right  to  levy  special  assess- 
ment against  abutting  property  for 
laying   in    street.     5-905. 


SPECIAL  DEPOSITS. 

What  is  special,  as  distinguished  from 
general,  deposit  in  bank.  1913E-45; 
1918B-390. 


SPECIALISTS. 

Physician  or  surgeon  holding  himself  out 
as  specialist,  degree  of  care  required.. 
1915D-1124. 


SPECIAL  LAWS. 

Constitutionality  of  special  or  local  laws 
authorizing  annexation  and  consolida- 
tion of  municipal  corporations.    3-499. 

Necessity  in  given  case,  province  of  legis- 
lature to   determine.     6-926. 

What  constitutes  "local"  statute.     4-659. 


SPECIAL  OFFICERS— SPECIFIC  PERFORMANCE. 


797 


SPECIAL  OFFICERS. 

Carrying     concealed     weapons,     exemption 
from   statute   against.     1914A-257. 

Liability    of    employer    for    arrest    made 
by   special   police.     1-723. 


SPECIAL  TRAINS  OR 
CARS. 

Duty   of   carrier    of   passengers   to   carry. 
5-45. 


SPECIAL  VERDICT. 

Common-law  power  and  duty  of  court  to 
submit  proper  special  interrogatories 
to    jury.     15-469. 


SPECIFIC  PERFORM- 
ANCE. 

1.  In  General. 

2.  Contracts  Enforceable. 

3.  Parties. 

4.  Defenses. 

5.  Jurisdiction. 

6.  Decree  and  Relief  Granted. 

1.    In  General. 

Contract  to  convey  realty,  action  for 
specific  performance  as  in  personam 
or   in   rem.     3-1004. 

Fire  insurance  contract  evidenced  by  pre- 
liminary binding  slip  or  receipt  as 
subject  to  specific  enforcement. 
19140-731. 

Injunction  as  remedy  for  contract  not 
capable  of  being  specifically  en- 
forced.    3-976. 

Process,  suflSciency  of  service  by  publi- 
cation in  action  for  specific  perform- 
ance of  contract  to  convey  realty. 
1914A-769. 

2.    Contracts  Enforceable. 

Appraisers  to  fix  price  of  land,  specific 
performance  of  contract  for  sale  of 
land.     8-664. 

Arbitration  agreements,  when  enforceable. 
1-32. 


SPECIFIC  PERFORMANCE— Continued. 

Construction  contract  or  contract  to  re- 
pair as  enforceable.  9-160;  1913 A- 
923. 

Corporate  stock,  contract  concerning 
shares  as  enforceable.  5-272;  10- 
935;    1915D-790. 

Exchange  of  land,  contract  for  as  en- 
forceable.    1918D-717. 

Expectancy,  assignment  of  expectancy  in 
estate  to  stranger  as  enforceable 
by  specific  performance.  1916E-1251, 
1259. 

Fraudulent  conveyance,  agreement  to  re- 
convey  property  fraudulently  con- 
veyed as  enforceable.     3-942. 

Grantee's  agreement  in  deed,  specific  per- 
formance  of.     10-230. 

— deed  poll,  enforceability  of  grantee's 
agreements.     15-685. 

— support  by  grantee,  right  of  grantor 
to  specifically  enforce  on  breach  of 
condition    by    grantee.     12-900. 

Husband's  contract  to  convey  realty  as 
enforceable  when  wife  refuses  to  join. 
14-671;    1914A-207;   1915C-1038. 

Leases,  executory  agreement  of  lessee 
to  take  lease  as  subject  to  specific 
performance.     1912C-10o4. 

Married  woman's  executory  contract  in- 
valid for  want  of  acknowledgment, 
right  to  enforce.     1918E-635. 

Mixed  contracts  for  personal  and  real 
property  as  enforceable.  5-273;  10- 
936;   1915D-790. 

Optional  contracts,  specific  performance 
of.     1-990;    12-90;    1913A-362. 

Oral    contracts,    agreement    to    mortgage 

land  as   enforceable.     6-46. 
— division    fence,    enforceability    of    oral 

contract  to  maintain.     1912C-470. 
— inadequacy    of    damage    as    warranting 

enforcement  of  partly  performed  oral 

contract.     1-999. 


Partial  interest  of 
tract  for  sale 
562. 


vendor   in    land,    con- 
as    enforceable.     10- 


Personal  property  contracts  as  enforce- 
able.    5-269;    10-934;    1915D-788. 

Railroad  contract  to  erect  depot  or  sta- 
tion, right  to  enforce.  14-478; 
1918D-10S5. 


798    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


SPECIFIC  PERFORMANCE— Continued. 

Trusts  in  aid  of  personalty,  specific  en- 
forcement. 5-273;  10-936;  1915D- 
790. 

Unilateral  contract,  agreement  for  sale 
of  land  signed  by  vendor  only  as  en- 
forceable.    7-671. 

Wills,  agreement  among  beneficiaries  to 
dispense  with  probate  of  will,  en- 
forceability.    15-742. 

— contract  to  make  will  as  enforceable. 
1914A-399;     1918A-1191. 

— testator's  agreement  not  to  change  will 
as   enforceable.     1916D-1160. 


SPECIFIC  PERFORMANCE— Continued. 

Ignorance  of  identity  of  purchaser  as  war- 
ranting denial  of  enforcement  of  con-, 
tract  for  sale  of  realty.     1912C-750. 

Laches  as  defense  to  action  by  vendee 
to  enforce  contract  for  sale  of  land 
not  fixing  time  for  performance. 
1915B-1109. 

Oral  resale  contract  as  defense  to  action 
to  enforce  contract  for  sale  of  land. 
1914D-461. 

Stipulation  in  contract  for  forfeiture  of 
specified  sum  in  case  of  breach  as. 
defense  to  action.     8-359. 


3.    Parties. 

Agency,  contract  involving  personal  trust 
and  confidence  in  agent,  right  of  un- 
disclosed principal  to  enforce.  15- 
238;   1912C-907. 

— undisclosed  principal's  right  to  enforce 
contract  of  agent  when  consideration 
moves  from  principal.     1915D-721. 

Antenuptial  contract  made  by  third  per- 
son, right  of  party  to  marriage  to 
enforce.     9-603. 

Assignee's  right  to  specific  performance 
under  contract  for  sale  of  realty 
stipulating         against  assignment. 

1913A-230. 

Promoter's  contract,  specific  performance 
against   corporation.     8-263. 

Purchaser  from  vendor  as  subject  to  suit 
to  enforce  vendee's  right  under  con- 
tract of  vendor  to  convey  realty. 
17-1036. 

State  contracts,  liability  of  state  or  its 
oflBcers  to  suit  for  specific  perform- 
ance.    5-295. 


4.    Defenses. 

Change  in  value  of  property  as  warrant- 
ing refusal  by  court  to  enforce  con- 
tract for  sale  of  land.     1912C-559. 

Consideration  of  contract,  inadequacy  as 
ground  for  denying  specific  perform- 
ance.    12-122. 

Existence  of  lien  on  property  as  defense 
to  action  for  specific  performance. 
1913A-717. 

Forfeiture  of  vendee's  rights  under  con- 
tract for  sale  of  land  by  failure  to 
make  payment  as  affecting  specific 
performance   of   contract.     1913D-932. 


5.    Jurisdiction. 

Exchange  of  land,  land  of  one  party 
situated  outside  jurisdiction  of  court 
as  affecting  right  to  relief.  1918D- 
719. 

Land  situated  in  another  state  or  country, 
right  of  vendor  to  maintain  action 
for  specific  performance  of  executory 
contract    for    sale.     1912C-539. 

Patents,  jurisdiction  of  state  court  of 
suit  for  specific  performance  of  con- 
tract  relating   to   patent.     1916B-805. 


6.    Decree  and  Relief  Granted. 

Compensation  on  specific  performance  of 
contract  for  sale  of  land,  right  to. 
1915D-1108.      , 

Damages  or  compensation  as  allowable 
on  denial  of  specific  performance. 
1912A-806. 

Form  of  conveyance  which  may  be  de- 
creed in  action  to  enforce  contract 
to  convey  land.     1915C-489. 

Judgment  on  contract  to  sell  realty  as 
enforceable    by    process    of    contempt. 

1912C-780. 

Payment  or  tender  of  purchase  price  as. 
condition  precedent  to  right  of  pur- 
chaser to  enforce  contract  for  sale 
of   land.     4-852;    13-647. 

Perfecting  title  by  vendor,  when  time 
may  be  allowed  by  court  in  suit  to 
enforce    contract.     1912A-323. 


SPECTACLE-MAKERS. 


Spectacle-maker    as    engaged    in 
1916A-1201. 


'trade. 


SPECTATORS— SPITE  FENCES. 


799 


SPECTATORS. 

Injury  of  spectator  due  to  improper  use 
of  street  which  municipality  has  ex- 
pressly permitted,  liability  of  munici- 
pality.    9-828;    21-469. 

Misconduct  during  criminal  trial  as 
ground    for    new   trial.     12-645. 


SPEED. 

Automobiles,  driver  exceeding  speed  limit 
at  railroad  crossing  as  contributory 
negligence.     1915B-769. 

— opinion  evidence  as  to  speed  of  automo- 
bile.    19-754;    1917D-613. 

Fire  apparatus  as  subject  to  highway  re- 
striction  as  to   speed.     1917D-565. 

Fire  caused  by  railroad,  admissibility  in 
evidence  of  statute  regulating  speed 
of  train  in  action  for  damages  re- 
sulting   from     fire.     1915A-991. 

Injuries  to  employee  on  train  caused  by 
speed,   liability   of  railroad.     21-806. 

Railroads,  competency  of  nonexpert  wit- 
ness to  testify  to  speed  of  train. 
1913A-187. 

—inference  of  speed  of  train  from  dis- 
tance run  after  accident  and  efforts 
to    stop.     15-948. 

— speed  of  train  as  negligence  in  absence 
of  prohibitory  statute.  7-988;  1914B- 
602. 

—traveler  crossing  in  front  of  train, 
right  of  recovery  as  affected  by  speed 
of  train.     21-1174. 

— unreasonable  testimony  as  to  speed  of 
train,  withdrawal  from  jury.  15- 
1194;    1917B-479. 

• — violation  of  speed  statute  as  affecting 
liability  for  injury  to  trespasser.  5- 
1007. 

Speed  statute  or  ordinance  not  intended 
for  plaintiff's  benefit,  violation  as  ac- 
tionable negligence.     1912D-1107. 

Street  railways,  competency  of  nonexpert 
witness  to  testify  to  speed.  191 3A- 
187. 

— controlling  rate  of  speed,  duty  with 
respect  to  car  approaching  another 
car  discharging  passengers.  1912B- 
865. 

— inference  of  speed  from  distance  run 
after  accident  and  efforts  to  stop. 
15-948. 


SPEED — Continued. 

— unreasonable  testimony  as  to  speed, 
withdrawal  from  jury.  15-1194; 
1917B-479. 

— violation  of  speed  ordinance  as  negli- 
gence.    9-840. 

Vehicles  in  streets,  constitutionality  of 
statutes  and  ordinances  regulating 
speed.     3-495;    11-728;    1916E-1067. 


SPELLING. 

Spelling  as  element  in  identifying  author 
of    writing.     20-1336. 


SPENDTHRIFT  TRUSTS. 

Bankruptcy  of  beneficiary,  effect  on 
spendthrift    trust.     1918D-91. 

Creation,  sufficiency  of  instrument.  3- 
1010;    18-495;    1917B-400. 

Creditor's  bill  to  reach  interest  under 
spendthrift    trust.     1914B-950. 

Donor  also  beneficiary,  validity  of  spend- 
thrift'trust.     19-273;  1917D-1054. 

Validity  of  spendthrift  trust.  3-588; 
18-221;    1918C-965. 


SPINE. 

Fracture  or  injury,  what  is  excessive  or 
inadequate  verdict.  16-34;  1913A- 
1373;   1916B-440. 


SPINSTER. 

Inclusion  under  term  "woman."     10-958. 


SPIRITUALISM. 

Belief  as  impairment  of  testamentary 
capacity.     10-617;    1914C-1049. 

Circulation  through  mails  of  representa- 
tions of  ability  to  obtain  results 
through  spiritualistic  powers  as 
scheme  to  defraud  within  postal  laws. 
1914D-1244. 


SPITE  FENCES. 

Injunction  against  adjoining  land  owner 
for  malicious  erection  or  maintenance 
of  fence  of  unusual  height.  9-734; 
1915C-718. 

Eight    to    damages    for    erection.     19-478. 


800    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


SPLITTING  CAUSES. 

Injury  to  person  and  property  arising 
out  of  single  tort,  joinder  and 
splitting  of  claims.  3-464;  1912D- 
256. 

SPORTSMAN. 

Shooting  another  while  hunting,  civil 
liability.     20-126;  1918C-386. 


STABLES — Continued. 

Burglary,  suflSciency  of  indictment  with 
respect  to  description  of  stable. 
1913D-473. 

Legal  meaning  of  "stable."     1912B-453. 
Nuisance,    equitable   relief   against    stable 
as    nuisance.     14-894;    1913B-894. 

"Outhouse"  or  "out-building,"  term  as  in- 
cluding  stable.     1912D-1194. 


SPRING-GUNS. 

Civil     liability    for     injuries     caused    by 

spring-gun.     19-939. 
Homicide,    criminal    liability    for    setting 

spring-gun    resulting    in     death.     15- 

587. 

SPRINGS. 

Land  owner's  right  to  sink  well  and 
intercept  subterranean  waters  sup- 
plying neighbor's  spring.  4-829;  10— 
846;    1917C-106. 

Prescriptive  right  of  public  to  use  spring. 
1914B-725;    1917A-881. 


SPRINKLING  STREETS. 

Power     of     municipality     in     respect     to 
sprinkling.     6-982-    12-611. 


SPUR-TRACKS. 

Condemnation  of  land  for  construction 
of  spur-track  to  private  establish- 
ment, right  of  railroad.  7-835;  13- 
1012;    1912D-234. 

Contract    for    location,    validity.     15-640. 

Municipality's  right  to  condemn  land 
for  construction.     1912B-382. 

SQUARES. 

See  Parks  and  Sqiuares. 


STAGECOACHES. 

Ownership,  name  on  property  as  evidence. 
1915D-355. 


STAGE  LINES. 

Eailroad     company's    power     to     conduct. 
4-910. 


STAGE  MANAGER. 

Contract   for   services   of   stage    manager. 
1914B-13. 


STAIRMAKERS. 

Stairmaker  as  engaged  in  trade.     1916A- 
120L 


STAIRWAYS. 

Liability  of  proprietor  of  store  to  customer 
for  failure  to  keep  in  safe  condition. 
1912D-141. 


STALE  CLAIMS. 

Enforcement  in   equity.     1914B-314. 

STALLIONS  AND  JACKS. 

Law     respecting     breeding      of     animals. 
1916A-564. 


SR. 


Effect    of    use     of     "Sr."     in     connection 
with   name.     1917A-1211. 


STABLES. 

Building  restriction  to  dwelling-house 
purposes  as  affecting  stables  on  prem- 
ises.    1912D-482. 


STAMPED  SIGNATURES. 

Sufficiency    of    stamped    signature    within 
statute  of  frauds.     1913B-663. 

Testator's    name    stamped    on    will,    suffi- 
ciency as  signature.     18-771. 


STAMPS. 

See    Eevenue    Stamps;    Trading    Stamps. 


STANDARD  POLICY— STATES. 


801 


STANDARD  POLICY. 

Constitutionality  of  legislation  providing 
for  standard  fire  insurance  policy.  6- 
91;  1915A-290. 

Rule  of  construction  respecting  doubtful 
terms  as  applicable  to  standard  policy. 
1913E-287. 


STANDARDS. 

IWeights  and  measures,  validity  of  legisla- 
tion prescribing  standards.  1912C- 
251;   1918D-157. 


STARTING  CARS. 

Liability  of  street  railway  for  starting  car 
before  passenger  is  seated.  1912D- 
582. 

STATE  AID. 

Pension,  bounty  or  aid  to  war  veteran, 
validity  of  statute  granting.  1913B- 
951. 


STATE  ATTORNEY. 

See  Attorney  GeneraJ. 


STANDING  CARS. 

Turntable  or  attractive  nuisance  doctrine 
as   applicable.     1912D-916. 

STANDING   PASSENGERS. 

Contributory  negligence.     13-122, 

Handholds   or   straps,    duty   of   carrier   to 
provide.     1913C-170. 

STANDING  OR  WALKING. 

Accident   insurance,   meaning  of   term  in 
policy.     12-47. 


STARCH. 

Trademark  or  trade  name  as  infringed  by 
similar   name.     1915B-344. 


STARE  DECISIS. 

Advisory  opinion  by  appellate  judges, 
force  and  effect.     1917A-495. 

Construction  of  criminal  or  penal  statute, 
application   of    doctrine.     1914B-1249. 

Divided  court,  doctrine  as  applicable  to 
decision  by.     16-113. 

Pederal  court  as  bound  by  dictum  of  state 
court,  or  decision  not  concurred  in  by 
majority  of  judges,  as  to  construction 
of  state   statutes.     13-573. 

Legislative  acquiescence  in  decision,  appli- 
cation of  doctrine  to.     2-725. 

Single  decision  as  basis  for  doctrine. 
1914A-1080. 

United  States  supreme  court  decision, 
when  not  binding  on  state  court. 
1913E-281. 

Index  to  Notes — 51 


STATE  DEBT. 

Gift  for  reduction  as  valid  charitable  gift. 
1914A-1219. 


STATE  LANDS. 

See  Public  Lands. 

STATES. 

1.  In  Greneral, 

2.  Property  and  Contracts. 

3.  Fiscal  Management. 

4.  Appropriations. 

5.  Actions  by  or  Against  State. 

1.    In  General. 

Admission  to  Union  as  affected  by  pro- 
visions of  Ordinance  of  1787.  1915D- 
945. 

Adverse  possession  against  state,  acquisi- 
tion of  title  to  land  under  water. 
1912A-702. 

Concurrent  jurisdiction  of  states  over 
waters  forming  state  boundaries.  16- 
1115;   1914D-190;   1917B-919. 

Corporations,  ultra  vires  sale  of  property, 
right  of  state  to  object.     1916A-839. 

Eminent  domain,  power  of  state  to  exer- 
cise for  use  of  another  jurisdiction. 
1915r>-1226. 

Employers'  Liability  Act  as  applicable  to 
state  as  employer.     1914B-889. 

Estoppel,  de  facto  municipality,  estoppel 
of  state  to  question  validity.     12-261. 

— inconsistent  positions,  estoppel  of  state 
to   take.     1914A-229. 

Perries  between  states,  regulation.  1-110; 
16-865. 


802    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


STATES — Continued. 

Fire  department  in  municipality,  authority 
of  state  to  control  and  regulate.  14:- 
357. 

Fishery,  power  of  state  to  grant  to  private 
individual  exclusive  right  to  shell-fish 
within  its  water.     16-198. 

Income  taxes,  power  of  state  to  tax  salary 
or  income  of  federal  officer  or  vice 
versa.     7-87;    12-827. 

Indians  as  subject  to  state  regulation.  13- 
192;   1914B-652;   1915D-371. 

Martial  law,  power  of  state  to  declare. 
1914C-24. 

Municipal  ordinances  as  applicable  to 
states.     17-1003. 

Nuisance,  act  which  is  both  crime  and 
public  nuisance,  right  of  state  to 
enjoin.     13-794;   1914A-440. 

— city  streets,  right  of  state  to  enjoin 
nuisance  therein.     16-486. 

— private  nuisance  which  is  also  crime, 
right  of  state  to  enjoin.     1916C-455. 

Police  of  municipality  as  state  agents  sub- 
ject to  removal  at  instance  of  state  for 
failure  to  enforce  law.     1918B-145. 

Printing,  etc.,  to  be  done  within  state,  va- 
lidity of  statute  requiring.     1913 A-82. 

Statutes,  applicability  of  general  statute 
not  referring  to  state.     1912A-1214. 

United  States,  power  to  condemn  lands 
within  state.     1918E-42. 

War  defense  acts  by  state,  validity. 
1918D-1105. 

Waters  and  watercourses,  state  grant  of 
exclusive  control  over  navigable 
stream,  validity.     1915D-69. 

— title  to  land  under  navigable  waters, 
power  of  state  to  grant.     1918B-1107. 

Wild    animals,    state    ownership.     1917B- 

949,  978,  980. 
— liability  of  state    for    injury    done    to 

private    property    by    wild    animals. 

1917D-810. 

Vyorkmen's  Compensation  Act  as  appli- 
cable to  state  as  employer.  1914B- 
889. 

2.    Property  and  Contracts. 

Contracts,  annulment  by  legislative  act, 
power   of   state.     1915B-137. 

— validity  of  contract  where  member  of 
legislature   is   interested.     1916A-237. 


STATES — Continued. 

Copyright  protection,  right  of  state  in  law 
reports.     17-962. 

Eminent  domain,  public  lands  held  in  an- 
other state  as  subject  to  condemna- 
tion.    15-489. 

Internal  improvement,  construction  of  con- 
stitutional provision  that  state  shall 
not  engage  in  work  of.     6-307. 

Lease  of  public  land  as  subject  to  collat- 
eral attack.     1912B-91. 

Monopolies  controlled  by  state  not  subject 
to  federal  Anti-trust  Act.     2-959. 

Special  assessment,  liability  of  state  prop- 
erty in  absence  of  express  statutory 
provision.     16-887. 

— ^property  of  state  as  subject  to  85)ecial 
assessment.     1917D-845. 

Taxation  of  state  property  in  foreign  state. 
1912D-804. 


8.     Fiscal  Management. 

Bonding  public  officers,  validity  of  statute 
establishing  fund  for  purpose.  1918A- 
603. 

Bonds,  liability  of  state  bonds  to  taxa- 
tion by  state.  8-26;  12-350;  1914B- 
1163. 

Claim  against  state,  part  payment  as  sat- 
isfaction.    1914D-824. 

Creditor's  bill,  claim  against  state  as 
reachable  by.     1914B-9o7. 

Expenditure  of  state  funds,  right  of  county 
to  maintain  action  to  restrain.  1913C- 
669. 

Federal  taxation  of  instrumentalities  of 
government.     4-747. 

Giving  or  loaning  money  or  credit  of  state, 
construction  of  constitutional  provi- 
sion against.     1913C-1230. 

Indebtedness  of  state,  constitutional  limit 
as  affected  by  indebtedness  of  politi- 
cal subdivisions.     1912C-450. 

Inheritance  tax,  state  bonds  as  subject  to 
succession  tax  on  transfer  by  will  or 
inheritance.     5-874. 

Interest,  liability  of  state  for.     1914A-361. 

Necessary    expenses   of    administration    of 

state  affairs,  what  constitute.     1918D- 

928. 
Priority    of    debts    and     claims     of     state 

against  insolvent  debtor's  estate,     4- 

973. 


STATE  TREASUREE^STATUTE  OF  LIMITATIONS. 


803 


STATES — Continued. 

Securities  and  obligations,  necessary- 
parties  in  action  to  determine  validity. 
5-858. 

4.    Appropriations. 

Constitutional  provision  against  giving  or 
loaning  money  or  credit  of  state,  con- 
struction.    1913C-1230. 

Payment  for  injury  to  member  of  militia, 
validity  of  appropriation.  1914B- 
1283. 

School  funds,  power  of  legislature  with  re- 
pect  to  appropriation.     1917C-917. 

What  constitutes  appropriation  of  public 
money,  within  constitutional  provision 
relating  thereto.     1915A-1240. 


5.    Actions  "by  or  Against  State. 

Attorney  general,  exclusive  control  over 
litigation  in  which  state  is  interested. 
1914D-155. 

Boundaries  of  state,  original  jurisdiction 
of  United  States  supreme  court  in  ac- 
tion affecting.     1912C-530. 

Certiorari  to  review  highway  proceedings, 
right  of  state  to  bring.     18-669. 

Charities,  right  of  state  to  intervene  in 
proceeding  in  interest  of  public 
charity.     1913D-138. 

Costs,  liability  for.     8-399. 

Ejectment,  right  to  maintain  against  state 
officer  or  agent  in  actual  possession  of 
premises.     1913C-357. 

Injunction  against  acts  committed  in  an- 
other state,  right  of  state  to  enjoin. 
11-490. 

Insane  persons,  cost  of  maintaining  insane 
person  in  public  institution,  recovery 
by  state  from  estate  of  incompetent. 
1913A-577;  1917E-418. 

— damages  for  unlawful  detention  in  hos- 
pital or  institution  for  insane,  right 
to.     1917C-162. 

Intervention  in  appointment  of  adminis- 
trator, right  of  state  to  contest. 
1913C-103O. 

Jury,  competency  of  employee  or  official 
as  juror  where  state  is  party  to  action. 
15-400. 

Limitation  of  actions,  right  of  state  to 
plead  as  to  claim  against  it.     10-595. 


STATES — Continued. 

— running  of  statute  against  state  as  de- 
pendent on  state  being  real  party  in 
interest.     8-702. 

Mandamus  against  state  officer  as  abated 
by  termination  of  office.  4-75;  10-60; 
1918A-1000. 

Ees  judicata,  civil  actions  by  state  as 
barred  by  judgment  in  criminal  pro- 
ceedings.    5-80. 

Specific  performance  of  contracts,  liability 
of   state   or   its   officers.     5-295. 

Suit  against  state  within  constitutional 
prohibition,  suit  to  enjoin  enforcement 
of  statute  by  state  officer  as  consti- 
tuting.    14-791. 

Taxpayer's  action  against  state  officer. 
1913C-899. 

Torts  of  its  officers,  liability  of  state. 
1913E-1938;    1918D-916. 

United  States  supreme  court,  when  state 
may  invoke  original  jurisdiction. 
1912C-528. 

Wills,  right  of  state  to   contest.     14-959. 


STATE  TREASURER. 

Liability   for  interest  received   on  public 
funds.     1918E-105. 


STATIONARY  ENGINEERS. 

Licensing  or  otherwise  regulating,  valid- 
ity and  construction  of  statute  or  ordi- 
nance.    1915A-1017. 


STATIONARY  ENGINES. 

Liability  for  fire  caused  by  stationary  en- 
gine.    1917C-771. 


STATIONS. 

See  Carriers  of  Passengers;  Bailroads. 

STATUTE  OF  FRAUDS. 

See  Frauds,  Statute  of. 

STATUTE  OF  LIMITATIONS. 

See  Limitation  of  Actions. 


804    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918B. 


STATUTES. 

1.  In  General. 

2.  Enactment  and  Formal  Sequisities. 

3.  Title. 

4.  Special  or  Local  Legislation. 

5.  Construction  and  Operation. 

A.  Generally. 

B.  Extrinsic  Aids  to  Construction. 

C.  Retroactive  Operation. 

D.  Meaning  op  Particular  Words. 

6.  Amendment,  Repeal  and  Be-enactment. 

A.  Generally. 

B.  Effect  op  Repeal. 

7.  Conflict    Between    State    and    Federal 

Acts. 

8.  Curative  and  Ex  Post  Facto  Statutes. 


1.    In  General. 

Constitutionality  of  statute,  who  may  raise 
objection.     19-175;  1915C-57. 

English  statutes  as  part  of  common  law 
of  United  States.     1913E-1224. 

Estoppel  of  public  officer  to  deny  validity 
of  statute  by  accepting  compensation 
thereunder.     1917C-284. 

Exemplary  damages  for  act  punishable  as 
crime,  validity  of  statute  authorizing 
recovery.     9-638. 

Foreign  law,  admissibility  of  printed  copy 
of  statutes  of  another  jurisdiction  to 
prove  its  law.     1916D-853. 

Judicial  notice  of  statutes,  construction  of 
statute  requiring  courts  to  take. 
1914D-545. 

— federal  statutes,  judicial  notice  by  state 
Or  provincial  courts.     19-395. 

Long  acquiescence  in  validity  of  statute 
as  affecting  constitutionality.  16-877; 
1912A-505. 

Ministerial  officer,  right  to  question  va- 
lidity of  statute.  2-81;  1912I>-152; 
1918D-1199. 

Municipal  ordinance  as  repealed  by  enact- 
ment of  statute  under  exercise  of 
similar  police  power.     7-551. 

Ordinance  covering  same  ground  as  statute, 
validity  and  effect.  4-2;  13-799; 
1912D-677. 

Pleadings,  determination  of  validity  of 
statute  on  pleadings  alone.     1914I>^68. 


STATUTES — Continued. 

• — ^necessity  of  pleading  public  statute  in 
action  based  thereon.     1-947. 

Prohibition  as  remedy  to  review  validity 
of  statute.     1913D-596. 

Ees  judicata,  prosecution  under  statute  as 
bar  to  prosecution  under  ordinance 
and  vice  versa.     19iaC-37. 

Violation  of  statute  as  constituting  contri- 
butory negligence.     4-513. 

— contracts  in  violation  of  statute,  valid- 
ity.    1-333;    11-664. 

— right  of  one  to  complain  of  violation  by 
another  when  himself  guilty.  1914A- 
539. 

— statute  not  intended  for  plaintiff's  bene- 
fit, violation  as  actionable  negligence. 
9-427;   1912D-1106;   1916B-301. 

Wills,  effect  upon  validity  of  will  of  stat- 
ute passed  after  death  of  testator. 
1912D-348. 

Wisdom,  policy  or  motives  prompting  en- 
actment of  statute,  judicial  inquiry 
into.     1-570. 


2.    Enactment    and    Formal    Eequiaities. 

Amendment  or  correction  of  legislative 
journals  to  show  compliance  with  con- 
stitutional requirements  in  enactment 
of  statute.     21-814. 

Approval  by  executive,  computation  of 
time  allowed  executive  to  sign  or  re- 
ject bill  passed  by  legislature.  6-717; 
•      1912A-801. 

— extrinsic  evidence  as  admissible  to  show 
approval  or  disapproval  of  bill. 
1917C-836. 

■ — power  of  executive  to  approve  biU  in 
part  only.     20-162. 

— withdrawal  of  approval,  right  of  ex- 
ecutive.    13-230. 

Emergency  clause  with  respect  to  initia- 
tive and  referendum  provisions. 
1916B-834;  1917E-985. 

Enacting  clause,  form,  constitutional  re- 
quirement as  directory  or  mandatory. 
14-813. 

— omission  of  tnacting  clause,  effect. 
1916A-520. 

Final  passage  of  bill  requiring  vote  by 
yeas  and  nays,  what  constitutes 
within  constitutional  provision.  16- 
977. 


STATUTES. 


805 


STATUTES — Continued, 

Holidays,  validity  of  enactment  or  publi- 
cation of  statute  on  holiday.  1916E- 
849. 

Impeachment  of  act  of  legislature  by  re- 
ference to  legislative  journals.  9-582; 
20-350;  1918D-253. 

Judicial  notice  of  contents  of  legislative 
journals  on  issue  of  enactment.  20- 
449;  1916E-1284. 

Passage  of  bill,  necessity  of  signatures  of 
presiding  officers  of  legislature.  4— 
905. 

Presentation  of  bill  to  governor  for  his 
signature.     1914D-268. 

Printed  statute  or  enrolled  bill  as  govern- 
ing  in  case   of  variance.     17-365. 

Ratification  by  voters  as  necessary  to  tak- 
ing effect  of  act,  validity  of  statute. 
20-652;    1916A-110;    1918E-573. 

Reconsideration  of  vote  on  bill  or  resolu- 
tion, power  of  legislature  to  recon- 
sider.    1913B-611. 

Resolutions,  joint  resolution  of  legislature 
as  having  force  and  effect  of  law. 
18-706. 

Return  of  bill  by  governor,  exclusion  or 
inclusion  of  Sunday  or  holiday  in  com- 
putation   of   time.     1917E-943. 

Special  or  extra  session  of  legislature,  va- 
lidity of  statute  passed.  21-409; 
1915C-475. 

Veto  by  executive,  evidence  of.     19-837. 


3.     Title. 

Civil  service  statutes,  validity  with  respect 
to  sufficiency  of  title.     1913B-1005. 

Commission  form  of  government,  suffi- 
ciency of  title  to  act  authorizing. 
1917C-1106,  112.-). 

Constitutional  provisions  relative  to  titles 
of  statutes,  construction.  1-584; 
1915A-79. 

Insufficiency  of  title  as  affecting  validity 
of  act.     1916D-28. 

Intoxicating  liquors,  validity  of  liquor  laiv 
under  constitutional  provisions  as  to 
title    and    subject    matter.     20-323. 

Laundries,  sufficiency  of  title  of  act  reg- 
ulating.    21-982. 

Legislation  proposing  constitutional 
amendment,  applicability  of  constitu- 


STATXJTES — Continued. 

tional  provision  relating  to  title  and 
subject  matter  of  statutes.  1916B- 
1004. 

Penalty  or  punishment  not  mentioned  in 
title,  validity  of  statute  providing  for. 
1912D-157. 

Title  more  comprehensive  than  act  itself, 
constitutionality  of  statute.  1912A- 
102. 


4.    Special  or  Local  Laws. 

Annexation  and  consolidation  of  munici- 
pal corporations,  constitutionality  of 
special  or  local  laws  authorizing.  3- 
499. 

Exclusive  rights  or  privileges,  constitu- 
tionality of  statute  granting.     1-847. 

"Local"  statute,  what  constitutes.     4-659, 

Province  of  legislature  to  determine 
whether  special  law  is  necessary  in 
given  case.     6-926. 


5.    Construction  and  Operation. 
A.    Generally. 

Adopted  statute,  amendment  or  repeal 
thereof  as  affecting  adopting  statute. 
9-303;   1916B-375. 

— construction  of  adopted  statute.  1-147; 
1917B-651,  660. 

Applicability  to  state  of  general  statute 
not    referring    to    state.     1912A-1214. 

Casus  omissus,  interpretation  of  statute 
so  as  not  to  recognize.     1913D-711. 

Changing,  supplying  and  eliminating  words 
to  correct  obvious  error.     1-752. 

Condition  in  statute,  effect  of  invalidity. 
1916D-26. 

Construction  by  courts  acquiesced  in  by 
legislature  as  confirmatioii  of  mean- 
ing.    2-725. 

Contemporaneous  statutes  in  pari  materia, 
construction  together.  18-424;  1915 A- 
186. 

Ejusdem  generis  rule,  when  inapplicable  in 
construction     of     statute.     1914C-305. 

— Workmen's  Compensation  Act,  applica- 
bility of  rule.     1917D-7,  38,  39. 

Exception  to  statute,  effect  of  invalidity. 
1916D-26. 


806    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


STATUTES — Continued. 

Expressio  unius  est  exclusio  alterius  rule 
with  respect  to  Workmen's  Compen- 
sation Act.     1917D-8. 

Extension  of  statute  by  inference  from 
later  statute  to  cases  not  originally 
contemplated.     4-7. 

— where  case  comes  into  existence  other- 
wise than  by  statute.     21-1285. 

Extraterritorial  operation  of  federal  stat- 
ute as  to  acts  of  citizens  of  United 
States  in  foreign  country.     16-1050. 

Federal  court  as  bound  by  state  court 
dictum,  or  decision  not  concurred  in 
by  majority  of  judges  as  to  construc- 
tion of   statute.     13-573. 

Grant  in  constitution  or  statute  made  to 
private  person  or  corporation,  rule  of 
construction  in  favor  of  public. 
1914A-158. 

Inheritance  tax  law,  construction  so  as  to 
avoid   double   taxation.     19146-691. 

— rules  for  construction.  of  statute. 
19150-322. 

Interpretation  clause  in  statute,  construc- 
tion of.     1914B-186. 

Irreconcilable  provisions,  rule  that  last 
will  be  given  effect.     6-860;  19-149. 

Partial  invalidity  of  statute,  effect. 
1916D-9,  104,  127,  136,  139,  158,  171; 
1918D-1123. 

"Passage  of  act,"  meaning  of  statutory 
terms  referring  to  time  of  passage. 
3-737;  21-989. 

— words  of  description  or  exception  refer- 
ring to  time  of  passage.     1918D-825. 

Penal  ordinances  as  subject  to  strict  or 
liberal   construction.     17-212. 

Proviso  in  section  of  statute  as  applicable 

to  other  sections.     1913E-658. 
— ^invalidity  of  proviso,  effect.     1916D-26. 

Punctuation  as  affecting  construction  of 
statutes.     10-1083. 

Eeasonableness  of  construction  as  applied 
to  new  limitation  statute  affecting  ex- 
isting causes  of  action.     8-526. 

State  courts,  construction  given  to  statute 
subsequent  to  accrual  of  rights  in- 
volved, conclusiveness  upon  federal 
courts.     17-1211. 

Time  of  taking  effect,  fractions  of  day 
in  computation  of  time.     2-136. 


STATUTES— Continued. 

— partial  invalidity  of  provisions  as  to 
time  as  affecting  validity  of  statute. 
1916D-32. 

—words  of  description  or  exception  refer- 
ring to  time  of  taking  effect.  IQISD- 
825. 

B.    Extrinsic  Aids  to  Construction. 

Contemporaneous  practical  construction  of 
unambiguous  statute,  effect  given  by 
courts  thereto.     10-51. 

Expired  or  repealed  statute  in  pari  materia 
as  aid  to  construction.     1915B-625. 

Opinions  or  motives  of  legislators  or 
draughtsman  of  bill  as  aid  to  construc- 
tion.    19-1031. 

Preamble  as  aid  to  construction  of  statute. 
1917C-500. 

C.    Retroactive  Operation. 

Inheritance  tax  acts,  prospective  or  re- 
troactive operation.     2-608;  8-218. 

Limitation  of  actions,  retroactive  opera- 
tion   of   statute.     4-166;    1912A-1041. 

Recording  acts,  constitutionality  with  re- 
spect to  pre-existing  instruments.  5- 
258. 

Stockholders'  liability,  constitutionality  of 
retrospective  act  changing  remedy  to 
enforce   liability.     5-324. 

Tax  laws,  exemption  from  taxation,  retro- 
spective  operation.     6-438. 

— priority  of  lien  for  taxes,  retroactive 
operation  of  statute.     1913B-o24. 

"^ills,  passage  of  act  after  death  of  tes- 
tator as  affecting  validity  of  will. 
1912D-348. 

Workmen's  Compensation  Acts,  retro- 
active   operation.     1918B-617. 

D.    Meaning  of  Particular  Words. 

"About,"  meaning  when  used  with  refer- 
ence to  time  in   statute.     17-742. 

"Adjoining,"  meaning  of  term  as  used  in 
statute.     1913D-847. 

"AU,"  meaning  as  used  in  regulatory  or 
prohibitory   statute.     1917E-39. 

"All  damages,"  meaning  of  term  as  used 
in   statute.     1917E-83. 

"All  property,"  meaning  as  used  in  stat- 
ute.    1917E-5S. 

"And"  as  "or"  and  vice  versa,  in  con- 
struing statute.  1913A-1058;  1915C- 
182. 


STATUTES. 


807 


STATUTES— Continued. 

"Carriage"  or  "vehicle"  as  including 
motor   vehicle.     1913B-756. 

"Case,"  meaning  of  word  as  used  in  sense 
of  "action"  or  "proceeding."     21-670. 

"Child,"  in  statute,  adopted  child  as  in- 
cluded thereunder.     1915B-786. 

— grandchild  or  grandchildren  as  included 
under  term  "child"  or  "children." 
1918E-1004. 

— ^illegitimate  child  as  included  under 
v?ord    "child"  in   statute.     1918B-250. 

"Contiguous,"  meaning  as  used  in  statute 
or  ordinance.     1918E-S00, 

"Conveyance,"  in  statute  as  including 
lease.     1913D-1000. 

"Court,"  in  statute  aa  meaning  "judge." 
1913E-389. 

"Deem"  or  "deemed,"  meaning  of  term  in 
statute.     16-480. 

"Estimate,"  "estimated,"  meaning  of  term 
in   statute.     1913B-851. 

"Etc.,"  legal  meaning.     1912C-175. 

"Trom"  as  word  of  inclusion  or  exclusion 
in  construction  of  time  of  taking  ef- 
fect of  act.     15-29;   1918A-92S'. 

"Furnish,"  "furnished,"  "furnishing," 
meaning  of  words  in  statute.  1913A- 
1232. 

"House,"  in  statute  as  including  land. 
1914B-1242. 

"Issue"  as  including  adopted  child. 
1912A-326. 

"Law,"  ordinance  as  law  within  meaning 
of  statutory  provision.     19170-689. 

"Lowest  responsible  bidder,"  meaning  in 
provision  for  letting  municipal  con- 
tracts.    1913A-500. 

"Man,"  word  as  including  male  under 
twenty-one  years  of  age.     1912A-233. 

"May"  and  "shall"  occurring  in  same 
statute,    construction.     4-420. 

"Near,"  meaning  of  word  (ls  used  in  stat- 
ute.    1913D-117. 

"Owner,"  in  statute  limiting  liability  of 
owner  of  vessel,  construction  of  term. 
11-32. 

"Person"  as  including  private  corporation. 
20-739;  1914A-1308. 

"Pro  rate,"  "pro  rata,"  legal  meaning. 
1918C-792. 


STATUTES — Continued. 

"Provided,"   meaning  of   term  in   statute. 
1912C-108S. 

"Eoad,"    in    statute    as    including    street. 
1914A-776. 

"Similar,"    meaning    of    word    in    statute. 
18-792. 

"Thing,"  legal   meaning   as   used   in  stat- 
ute.    1915A-27. 

"Timber,"    meaning    of    term    in    statute. 
19-1053. 

"Wearing  apparel,"  meaning  in  exemption 
statutes.     15-159. 

6.    Amendment,  Bei)eal  and.  Se-enactment. 


A.    Generally. 

Amending  statute,  effect  of  partial  in- 
validity.    1916D-21. 

Change  in  statute,  when  to  be  regarded 
as  creating  new  statute  instead  of 
mere  amendment  thereof.  1914D- 
1171. 

Implied  repeal  of  statute  by  code,  revi- 
sion or  re-enactment.     5-202. 

— Employers'  Liability  Act,  what  statutes 
impliedly  repealed  thereby.  1916E- 
773. 

— Workmen's  Compensation  Act,  what 
statutes  impliedly  repealed  thereby. 
1916E-773. 

Initiated  laws,  repeal  of.     1916B-838. 

Omission  from  codes  and  revisions  as  im- 
plied   repeal.     5-203. 

Re-enactment  of  provisions  of  repealed 
statute  by  reference  thereto.     17—437. 

Eepealing  statute,  effect  of  partial  in- 
validity.    1916D-21. 

Simultaneous  repeal  and  re-enactment  of 
statute,  effect.     11-472;    1912D-539. 

Validating  unconstitutional  statute  by 
amendment.     4-920. 

B.    Effect  of  Repeal. 

Action  based  on  repealed  statute  as  af- 
fected by  repeal  after  judgment. 
1912B-1157. 

Charter  rights  of  members  of  beneficial 
association  as  affected  by  amendment 
of  statute.     1915C-276. 

Contracts,  void  contract  under  statutory 
or  constitutional  provision  as  affected 


808    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


STATUTES — Continued. 

by    subsequent    repeal    of   such  provi- 
sion.   19130-1398. 

Criminal  statute,  effect  of  repeal  after 
judgment.     1-220;   16-469. 

Impairment  of  obligation  of  contract  be- 
tween state  and  municipality,  repeal 
or  modification  of  statute  affecting 
municipal  corporation  as  constituting. 
4-794. 

Licenses,  repeal  of  statute  imposing  li- 
cense fee  or  tax  as  affecting  tax  due 
but  not  paid.     1913iM71. 

Local  option,  change  in  law  as  affecting 
locality  which  has  adopted  local  op- 
tion law.     21-663. 

fiepeal  of  statute  as  affecting  provisions 
incorporated  in  other  statutes.  17- 
437. 

Revival  of  repealed  statute,  effect  of  re- 
peal or  amendment  of  repealing  stat- 
ute.    191SB-281. 

Saving  clause  of  repealing  act,  effect  on 
prosecutions  for  prior  offenses.  6- 
891. 


7.    Conflict   Between    State    and   Federal 
Acts. 

Federal  Employers'  Liability  Act  as  super- 
•    seding    state    law    on    same    subject. 
1915B-493;   1916B-484. 

flours  of  labor,  state  regulation  as  in 
conflict  with  federal  statute  on  same 
subject.     19-816. 

Interstate  commerce,  Carmack  Amend- 
ment regulating  relations  between 
carrier  and  shipper  on  interstate  ship- 
ments as  annulling  state  statute. 
1915B-82. 

—stopping  trains  at  stations,  state  statute 
requiring  as  conflicting  with  federal 
act.     1917A-982. 

Point  of  time  at  which  federal  statute 
operates  to  supersede  state  statute. 
17-1016. 

State  statute  inoperative  because  of  con- 
flict with  federal  law,  necessity  for 
re-enactment  after  change  in  federal 
law.     19-606. 


STATUTES — Continued. 

court  with  respect  to  offenses  com- 
mitted before  its  enactment  as  viola- 
tive of  constitutional  inhibition. 
1912C-1121. 

— ^jury,  change  of  existing  law  respecting 
peremptory  challenges  as  ex  post 
facto.     1912B-811. 

— punishment  of  crime,  law  changing  as 
ex  post  facto.     3-77;    1915C-1053. 

Grand  jury  not  selected  in  accordance 
with  statute  as  legalized  by  curative 
statute.     10-967. 

Homesteads,  mortgage  or  conveyance  by 
husband  alone  as  capable  of  valida- 
tion by  curative  act.     9-15. 

Invalid  incumbrance  of  mortgage  or  trust 
deed  as  subject  to  validation  by  cur- 
ative statute.     15-1122. 

Legislative  power  to  enact  curative  stat- 
ute as  affected  by  commencement  of 
action  in  reference  to  matter  sought 
to  be  cured.     11-694. 

Tax  assessment  rolls,  irregularities  as  sub- 
ject to  validation  by  curative  act. 
11-1120. 


STATUTES  OF  NONCLAIM. 

See  Executors  and  Administrators;  Limita- 
tion of  Actions. 


STAY  OF  PROCEEDINGS. 

Executions,  effect  of  supersedeas  upon 
execution  after  its  issuance.  1914C- 
1223. 

Next  friend  not  proper  party  to  prose- 
cute suit,  power  of  court  to  stay  pro- 
ceedings.    1914A-945. 

Writ  of  error  from  United  States  supreme 
court  as  staying  proceedings  in  state 
court.     1912A-259. 


STEALING. 

See  Larceny. 


8.     Curative  and  Ex  Post  Facto  Statutes. 

Ex   post   facto  laws,   changing  number  of 
judges    sitting    in    trial    or    appellate 


STEALING  RIDE. 

Infant   stealing  ride    on   vehicle,  liability 
for  injury  to  infant.     1917D-379. 


STEAM— STIPULATIONS. 


809 


STEAM. 

Boiler  explosions,  meaning  of  "domestic 
purposes"   in  act.     1912B-621. 

— res  ipsa  loquitur  doctrine  as  applicable. 
1912A-980;    1915D-86S. 

Contract  to  furnish  steam,  construction. 
1915D-S48. 

Duties  and  liabilities  attendant  on  gen- 
eration, use  or  furnishing  of  steam 
for  heat  or  power.     1915D-846,  862. 

Escape  of  steam  frightening  horse  on  ad- 
jacent highway,  liability  of  owner  of 
premises.     1912C-464. 

Public  regulation  of  steam.     1915D-846. 


STEPS. 

Building  restrictions  affecting  location  of 
steps,     1914A-15. 

Ice  and  snow,  liability  of  carrier  of  pas- 
sengers for  failure  to  remove  from 
steps.     17-51;    1915A-767, 

Passenger  riding  on  step,  liability  of 
carrier  for  injuries.     1-316. 

Suitable  steps  for  boarding  or  alighting 
from  cars,  duty  of  carrier  to  furnish. 
9-965. 


STERILIZATION. 

Constitutionality    of    asexualization    stat- 
ute.    1914B-515. 


STEAMSHIP  COMPANIES. 

See  Carriers;  Ships  and  Shipping. 

Power    of    railroad    company    to    operate 
steamboat  line.     4-910. 


STENOGRAPHERS. 

Fees,  personal  liability  of  attorney  for 
stenographer's  fees.     1917D-525. 

Grand  jury  room,  presence  of  ste- 
nographer as  affecting  indictment. 
1915B-232. 

Libel  or  slander,  publication  by  communi- 
cation to  stenographer.  1-101;  7-196; 
1917E^987. 

School  for  teaching  stenography,  what  is. 
1912B-1355. 


STEPCHILDREN. 

stepchild    as    "dependent"    within    Work- 
men's  Compensation  Act.     1918B-756. 


STEP-PARENTS. 

"Father"  as  including  stepfather.  1917B- 
1118. 

"Mother"  as  including  stepmother. 
1914B-62. 

"Parent"  as  including  stepmother,  or  st^- 
father.     1915A-869. 

Reimbursement  for  support  of  child,  right 
of  step-parent  to  recover.  1916A- 
1180. 


STICK 

stick  as  deadly  weapon.     1912A-1330. 

STILL  DUE. 

Legal  meaning  of  term.     1918E-791. 

STILL-HOUSE. 

"Out-building"  or  "outhouse"  as  including 
still-house.     1912D-1193. 

STIPULATIONS. 

See  Building  Contracts;  Carriers  of 
Goods;  Carriers  of  Livestock;  Car- 
riers of  Passengers;  Telegraphs  and 
Telephones. 

Enactment  of  statute  as  matter  for  stipu- 
lation by  parties  to  action.     20-451. 

Jurisdiction  of  appellate  court  to  pass  on 
question  not  raised  below  ^as  confer- 
rable    by    stipulation.     1912A-1037. 

Oral,  validity  and  enforceability.  1913B- 
153. 

Relieving  parties  from  stipulation,  power 
and  discretion  of  court.     1912C-769. 

Removal  of  causes,  extension  of  time  for 
filing  application  by  stipulation  of 
parties.     14-269. 

Venue  of  action  in  particular  county  fixed 
by  agreement  of  parties,  validity  and 
■  enforceability.     1912C-815. 

Waiving,  right  to  appeal,  validity  and 
enforceability  of  stipulation.     19-1056. 


810    INDEX  TO  THE  NOTES,  1  ANK  CAS.  TO  ANN.  CAS.  1918E. 


STOCK  AND  STOCKHOLDERS. 

See    Corporations. 

STOCK  BROKiERS. 

Lien  of  broker  on  stock  procured  by  Mm 
for  customer.     21-743. 

Ownership  as  between  broker  and  cus- 
tomer of  stock  carried  on  margin.  14:- 
986. 

Pledge  of  stock  carried  on  margin,  right 
of  broker  to  pledge.  1912B-563; 
1915B-918,  943. 

Eights  and  duties  inter  se  of  stock 
brokers  and  customers.  1915B-907, 
928,  937,  940,  943. 


STOCK  EXCHANGES. 

Insolvent  or  defaulting  member,  validity 
of  rule  with  respect  to  seat.  1916E- 
879. 

Market  quotations,  right  of  property  in. 
8-761. 

Membership  or  seat  as  assets  in  bank- 
ruptcy.      10-243. 

— taxation,  membership  as  taxable  prop- 
erty.    1915C-542. 


STOCK  FOODS. 

'Food"   as  including   stock  food. 
1293. 


STOCK  GAMBLING. 

See  Gaming:. 


1913E- 


STOCKYARDS. 

Public  regulation,  stockyards  as  business 
subject  to.     10-1022. 


STOLEN  PROPERTY. 

See  I»arceny;  Receiving  Stolen  Goods. 

Burglary,  possession  of  stolen  property  as 
evidence   of   crime.     19-1281. 

Compensation  for  stolen  property,  valid- 
ity of  contract  to  procure.  7-1010; 
1914A-519. 

Negotiable  instrument,  title  and  right  of 
bona  fide  holder  of  stolen  instrument. 
13-1172;  1916A-603. 

Possession  as  evidence  of  probable  cause 
in  action  for  malicious  prosecution. 
1913A-745. 

Eecovery  in  civil  action  against  thief. 
19-647. 

Stock  certificate  purchased  from  thief, 
right  of  owner  to  recover  from  inno- 
cent purchaser.     1913C-1117. 

Title  to  stolen  personalty  as  acquired  by 
lapse   of  time.     19-751. 


STONE. 

Abutting   owner's    rights    as    to    stone   in 
highways.     2-596;   11-445. 

Dumping  stone  on  land  as  making  it  pai't 
thereof.     1914C-1154. 

Stone  as  deadly  weapon.     1912A-1333. 

Trademark  or  trade  name  as  infringed  by 
use  of  similar  name.     1915B-334. 


STOCK  OF  GOODS. 

See   Bulk   Sales  Acts. 

Chattel  mortgages,  mortgage  of  stock  of 
mercantile  goods  as  covering  addi- 
tions thereto.  1916D-1215,  122S; 
1918E-743. 

— sufficiency  of  description  of  stock  of 
merchandise.     1915D-783. 


STOCK  SPECULATION. 

Use  of  mails  for  procuring  money  for  as 
scheme  to  defraud  "within  postal  laws. 
1914I>-1245. 


STONE  THROWING. 

Injury  resulting  from  accident  arising  out 
of  and  in  course  of  employment 
within  Workmen's  Compensation  Act. 
1913C-10,    12. 


STOP,  LOOK  AND  LISTEN. 

Automobile  at  railroad   crossing,   duty  of 
■      driver.     1913B-682;     1915B-678. 

Belief  that  no  train  is  approaching  as 
relieving  traveler  of  imputation  of 
negligence  per  se  in  failing  to  look 
end   Usten.     9-216:    1914D-1020. 


STOPPAGE  IN  TRANSITU— STOREROOM. 


811 


STOP,  LOOK  AND  LISTEN— Continued. 

Crossing  intermediate  track  between 
train  and  station,  application  of  doe- 
trine    to    passenger.     14-25. 

Driver  of  fire  apparatus  as  within  rule  of 
duty  to  stop,  look  and  listen  before 
crossing  railroad  track.     7-352. 

Electric  bell  at  railroad  crossing  as  ex- 
cusing traveler  from  duty  to  stop, 
look  and   listen.     1918r)-388. 

Failure  of  railroad  to  give  statutory  sig- 
nals, exoneration  from  duty  to  stop, 
look  and  listen.     6-79. 

Flagman  stationed  at  railroad  crossing  as 
affecting  duty  to  stop,  look  and  lis- 
ten.    10-418;    13-854. 

Frightened  or  unmanageable  team  as  ex- 
cuse for  not  looking  or  listening.  16- 
954. 

Gates  at  railroad  crossing  as  excusing 
traveler  from  looking  and  listening. 
7-801;    1914C-704. 

Knowledge  of  traveler  that  no  train  is 
due  as  relieving  of  duty  to  look  and 
listen  at  railroad  crossing.  1914I>- 
1075. 

Passenger  alighting  from  street-car  and 
passing  to  rear  across  parallel  track 
as  governed  by  stop,  look  and  listen 
rule.     6-705;    1916E-998. 

Pedestrian  crossing  street  railway  tracks, 
duty  before  crossing.  3-334;  1915B- 
690. 

Railroad  employee's  duty  to  look  and  lis- 
ten when  crossing  tracks.     11-211. 

Traveler's  duty  after  looking  both  ways 
on  approaching  railroad  track  to  look 
again  just  before  crossing.  1914A- 
536. 

Unreasonable  testimony  as  to  looking  or 
listening  for  approaching  train,  with- 
drawal from  jury.  15-1192;  1917B- 
477. 

Weight  of  testimony  by  injured  person, 
failure  to  see  or  hear  approaching 
train  at  crossing,  when  evidence 
shows  he  must  have  seen  or  heard  if 
looking  or  listening.     1912B-1133. 


STOPPAGE  IN  TRANSITU. 

Goods  demanded  by  stranger  to  contract, 
liability  of  carrier  for  failure  to  stop 
in  transitu.     13-360. 

Right  of  stoppage  under  Uniform  Sales 
Act.     1918D-411. 


STOPPING  PAYMENT. 

See  Cbecks. 


STOPPING  WORK. 

Effect  on  relation  of  employee  as  such  of 
his  stopping  work  temporarily  for  his 
own  purposes.     191SA-1194. 

Injury  while  eating  or  visiting  toilet,  as 
accident  arising  out  of  and  in  course 
of  employment  within  Workmen's 
Compensation  Act.     1914B-502,  503. 


STORAGE. 

Automobile,  Uen  for  storage.     1916A-630. 

Cold  storage  of  food.  1916A-534;  1918C- 
895. 

Explosives,  storage  as  nuisance.  1916C- 
820. 

Fire  insurance,  what  constitutes  "stor- 
ing" prohibited  articles  within  policy. 
13-540;  19-414;  1914B-133;  1918D- 
294. 

Lien  for  private  storage  of  goods  in  ab- 
sence of  agreement  or  statute  author- 
izing it.     1913D-1300. 

Unclaimed  or  refused  goods,  right  of  car- 
rier by  water  to  store  for  owner.  6- 
2L 

Water,  storage  for  irrigation  purposes. 
1916A-423. 

Workmen's  Compensation  Act,  storage  as 
hazardous  employment  within  pur- 
view  of  act.     1917D-28. 


STOREHOUSE. 

Burglary,    sufficiency   of    indictment    with 
regard  to  description.     1913D-872. 

"Out-building"   or  "outhouse"   as   including 
storehouse.     1912D-1193. 


STORE  ORDERS. 

Constitutionality  of  acts.     1-417;    14-620. 


STOREROOM. 

Restriction  against  erection  of  building 
less  than  certain  distance  from  front 
line  of  premises  as  applicable.  1914A- 
12. 


812    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


STORES. 

Burglary,  sufficiency  of  description  of 
store  in  indictment^     1913D-872. 

Crowd  in  store,  liability  of  proprietor  of 
department  store  for  injuries  caused. 
lS-42. 

Duty  of  proprietor  to  one  who  temporar- 
ily follows  purpose  of  his  own.  17- 
592. 

Fire  insurance,  unoccupied  or  occupied 
store  within  poUey  conditions.  1912D- 
90. 

Front  for  store  erected  by  tenant  as  fix- 
ture.    1914A-260. 

Injuries  received  in  turnstile,  revolving 
door  or  swinging  door,  liability  of 
proprietor.     1916D-1235. 

Legal  meaning  of  term  "store."  1913E- 
1125. 

Openings,  liability  of  proprietor  to  cus- 
tomer for  injuries  sustained  by  fall- 
ing into.     1913C-568;  1918E-319. 

Eesidential  district,  validity  of  ordinance 
regulating  location  or  construction  of 
retail  store.     1915A-294. 

Safe  condition  of  stairway,  liability  of 
proprietor  to  customer  for  failure  to 
maintain.     1912D-141. 

Slippery  condition  of  floor,  liability  of 
owner  to  customer  for  injuries  caused. 
1914A-133. 


STORMS. 

Animal  insurance  policy  as  covering  loss 
caused  by  storm.     1915A-616. 

Character  of  storm  contemplated  by  cy- 
clone or  tornado  insurance  policy. 
1913A-272. 


STOVES. 

Eealty  or  personalty,  nature  of  stoves  and 
heating   apparatus.     2-375. 

Trademark  or  trade  name  as  infringed  by 
similar  name.     1915B-345. 


STRAIN. 

Workmen's    compensation,  disease    arising 
from   strain   as  accident.     1918B-330. 


STRANGERS. 

See   Third  Persons. 


Admission  in  pleading  aa  admissible  in 
evidence  against  pleader  in  subse- 
quent action  with  stranger.  18-79; 
191oC-735;    1918E-549. 

Agency,  conversion  by  stranger,  right  of 
agent  in  possession  to  maintain 
trover.     18-572. 

— sale  by  agent  to  himself  as  subject  to 
attack  by   stranger.     1912A-1176. 

Alteration  of  negotiable  instrument  by 
stranger,   effect.     18-223. 

Appeals,  right  of  citizens  or  taxpayers 
from  judgment  in  proceeding  to 
which  they  are  not  parties.  1918A- 
365. 

Attorneys'  services  beneficial  to  person 
not  employing  him,  right  to  recover 
compensation.     12-776;    1917A-423. 

Bailment,  unauthorized  use  by  stranger 
of  property  bailed  or  hired  as  conver- 
sion.    12-693. 

Bastard  child,  right  of  stranger  to  cus- 
tody.    17-478. 

Bill  of  review  as  filable  by  stranger  to 
decree.     1914C-126. 

Burglary,  possession  of  stolen  property 
by  stranger  as  evidence  against  ac- 
cused.    19-1287. 

Carriers  of  goods,  demand  by  stranger 
for  stoppage  of  goods  in  transit,  lia- 
bility  of   carrier  for  failure.     13-360. 

Carrier  of  passengers,  assault  on  passen- 
ger by  stranger,  liability  of  carrier. 
3-254;    8-590;    18-773. 

Cloud    on    title    as    created    by    execution 

of    instrument    by    stranger.     1912C- 

834. 
Costs    as     taxable     against     stranger     to 

record  who  is  real  party  in   interest. 

1912D-1112. 

Deeds,     recital     in     deed     as    binding     on 

stranger     to     instrument.     1915A-96; 

1918E-912. 
— reservation    or    exception    in    favor    of 

stranger      to      conveyance,      validity. 

1914B-1290. 

Distraint  of  property  of  stranger  on 
leased  premises  for  rent  of  the  ten- 
ant,   remedy    of   stranger.     16-1160. 

Ejectment  by  tenant  in  common  against 
stranger  to  recover  entire  premises. 
5-8^4;  1915D-1043. 


STRAPS— STREET  RAILWAYS. 


813 


STRANGERS — Continued. 

Expectancy  in  estate,  validity  of  transfer 
by  heir  or  beneficiJiry  to  stranger. 
1916E-1241,  1259,  1263,   1267. 

Homicide,  contributory  negligence  of 
stranger  as  defense  to  prosecution 
for    homicide.     1912C-503. 

Injunction,  violation  by  stranger  as  crim- 
inal  contempt.     3-28;    20-118. 

Judgments,  correction  at  suit  of  stranger. 
19-1103. 

— failure  of  person  other  than  party  or 
attorney  to  attend  to  case  as  giving 
right  to  have  default  judgment 
opened.     1913E-752. 

Legal  meaning  of  "stranger."  1912D- 
1189. 

Master's  liability  to  person  volunteering 
to   assist    servant.     1913C-796. 

Mortgages,  right  of  volunteer  to  have 
assignment  of  mortgage  on  paying 
indebtedness.     1914B-572. 

Negligence,  attempt  of  stranger  to 
remedy  situation  caused  by  negli- 
gence of  another  as  intervening  cause 
relieving  latter  from  liability  for 
resulting  injury.     14-395. 

Parol  evidence  rule  as  applicable  in  case 
of  strangers  to  contract.     8-347. 

Physician's  services  requested  for  stran- 
ger as  implying  agreement  to  pay  for 
services.     1914C-589. 

Ratification  of  stranger's  acts  by  silence. 
1912B-151. 

Record  of  instrument  executed  by  stran- 
ger to  title  as  constructive  notice. 
18-14;    1917E-487.     . 

Sealed  instrument,  right  of  person  not 
party  to   enforce.     1913B-313. 

Street  railways,  liability  for  injury  to 
passenger  resulting  from  missile 
thrown  at  motorman  by  stranger. 
8-590. 

Tax  paid  by  stranger,  right  to  subroga- 
tion.    1912B-7o3. 

Tender  by  stranger,  sufficiency.     12-82. 


STRAPS. 

Carrier's  duty  to  provide  straps  or  hand- 
holds for  standing  passengers. 
1913C-170. 


STRAW. 

Removal   from   premises,   right   of  tenant. 
16-528. 

Seller   of   straw    as    dealer.     1917A-953. 


STREAMS. 
See  Waters  and  Watercourses. 

STREET  ACCIDENTS. 

Workmen's  compensation,  injury  incurred 
as  accident  in  course  of  employment 
within  act.     1917E-332;  1918E-813. 

STREET-CARS. 


Term      "car" 
1914r)-47. 


as      including      street-car. 


STREET  CLEANERS. 

Employees    instead    of    municipal    officers. 
1914D-1237. 


STREET  NUMBER. 

Building  burglarized,  necessity  of  alleg- 
ing street  number  in  indictment. 
1913D-876. 


STREET  RAILWAYS. 

1.  In  General. 

2.  Municipal  or  Statutory  Regulation. 

3.  Injuries    in    Operation. 

A.  Generally. 

B.  Injuries  to  Passengers. 

C.  Injuries  to  Employees. 

D.  Contributory  Negligence. 

E.  evidence. 

1.    In    General. 

Abutting  owner's  right  to  enjoin  street 
railway  from  laying  tracks  in  street 
without  paying  or  securing  compen- 
sation.    13-23;   1913E-874. 

Additional  servitude  on  highway,  street 
railway  as.  2-535;  4-450;  21-1377; 
1913C-408. 

—double  track  replacing  single  track  as 
additional  servitude  entitling  abut- 
ting owner  to  compensation.  1915C- 
870. 


814    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


STREET  RAILWAYS— Continued. 

Baggage,  street  railway  as  carrier  of  pas- 
senger's   effects.     9-201. 

"Car,"  term  as  including  street-cars. 
1914D-47. 

Crossing  of  tracks  of  street  railway  by 
railroad  or  other  street  railway,  right 
to   compensation.     14-216. 

Distinction  between  street  railways 
and  "commercial"  railroads.  4-449; 
1913C-579. 

Elevated  and  subway  lines,  street  rail- 
way as  including  railway  built  below 
or  above   street.     19-260. 

Eminent  domain,  conflicting  condemnors 
as  between  street  railways,  priority 
of  right  to  land.     9-690. 

Fares,  constitutionality  of  statutes  dele- 
gating power  to  cities  to  regulate. 
1-433. 

— tender  of  reasonable  sum,  what  is.  10- 
642. 

Fellow-servants,  abrogation  of  doctrine 
as  to  railroad  employees  as  applicable 
to  street  railways.  8-108  7  j  19121)- 
650. 

— conductor  on  street-car  as  fellow-ser- 
vant of  other  members  of  crew.  3- 
920. 

Franchise,  grant  of  street  franchise  as 
extending  to  new  street  or  subse- 
quently  annexed  territory.     18-1118. 

Individual's  right  to  operate  street  rail- 
way.    1914C-939. 

Law  of  road  as  to  street-car  and  automo- 
bile traveling  in  same  direction. 
1913E-1121. 

Motive  power  for  street  railway,  right 
to   use   electricity.     5-53. 

Name  on  electric  car  as  evidence  of 
ownership.     1915D-354. 

Obstruction  of  tracks,  damages  for  ob- 
struction  in  moving  building.     1-114. 

— removal  of  obstruction,  right  of  street 
railway  company.     1-219. 

Passengers,  when  intending  passenger  be- 
comes such.  1-606;  9-1104;  1917C- 
1210. 

Purchase  of  street  railway  by  munici- 
pality, special  elements  of  value  in 
determining  compensation  payable. 
1915B-1179. 


STREET  RAHiWAYS— Continued. 

Quasi-public  corporation,  street  railway 
as.     18-1065. 

Repair  of  street,  contract  by  street  rail- 
way to  keep  street  in  repair  as  im- 
posing obligation  to  repave  with  dif- 
ferent form  of  pavement.  1914B- 
129;  1915C-882. 

— duty  of  street  railway  to  keep  in  re- 
pair portions  of  streets  occupied  by 
its  right  of  way  in  absence  of  con- 
tract  or   statutory   direction.     7-381. 

Rules  and  regulations  of  street  railway, 
reasonableness  as  question  of  law  or 
fact.     3-715. 

Side-tracks,  power  of  street  railway  to 
construct.     1916C-793. 

Taxation,  situs  of  rolling  stock  for  pur- 
pose.    10-355. 

"Track,"  meaning  of  term.     1918E-233. 

Transfers,  incorrect  transfer,  rights  and 
duties  of  passenger  receiving.  1- 
392;    6-943,   946;    10-277. 

— rule  with  respect  to  transfers,  validity. 
1916D-586. 

— statute  or  ordinance  prohibiting  sell- 
ing or  giving  away  transfers,  va- 
lidity.    11-557. 

Trees  of  abutting  owner,  liability  for 
injury.     2-642;    12-251. 

— ^removal  of  shade  trees,  right  of  com- 
pany.    1-786. 

Workmen's  compensation,  employees  of 
street  railway  as  within  purview  of 
act.     1918B-665. 


2.    Municipal  or  Statutory  Regtaatlon. 

Bridges,  power  of  municipality  to  compel 
street  railway  to  repair  bridge  within 
municipal    limits.     1916C-1171. 

Fenders,  validity  of  statute  or  ordinance 
requiring  equipment  of  cars  with. 
1912B-846. 

New  line  of  railway,  right  of  munici- 
pality to  compel  company  to  con- 
struct.    1913D-142. 

Rails  used  by  street  railway,  right  of 
city    to    regulate    kind.     1913D-699. 

"Require,"  legal  meaning  in  statute  re- 
lating to  paving  of  streets  by  rail- 
way company.     1912A-1237. 

Routing  of  cars,  regulation  of  street 
railway  with  respect  to.     1912B-1024. 


STREET  RAILWAYS. 


815 


STKEET  RAILWAYS— Continued. 

Safety  brakes,  validity  of  ordinance  re- 
quiring street-cars  to  be  equipped 
with.     1913B-660. 

Stopping  cars  at  certain  points,  power 
of  municipality  to  require.  17-552; 
1914D-1092. 

Use  of  streets,  right  of  city  to  prohibit 
railroad  occupying  streets  from  using 
them  for  certain  purposes.  1913D- 
650. 

Vestibule,  seat  or  other  convenience  or 
protection  for  motorman,  validity  of 
statute  or  ordinance  requiring  street 
railway  to  provide.  2-781;  1914D- 
616. 

Watering  tracks,  validity  of  statute 
or  ordinance  requiring.  1912B-1139; 
1915D-967. 


3.    Injuries  in  Operation. 

A.    Generally. 

Animal  (other  than  dog)  running  at 
large,  liability  of  street  railway  for 
injuries  to.     1913C-722. 

Approaching  place  where  car  is  or  has 
been  discharging  passengers,  care  re- 
quired of  motormfin  of  another  car. 
1912B-863. 

Automobiles,  application  of  last  clear 
chance  doctrine  in  case  of  collision 
with  street-car.     1916E-515. 

— rights  and  duties  of  driver  as  to  person 
on   street-car.     21-655;    1916E-673. 

Crossing  track,  attempt  of  pedestrian, 
duty  of  driver  of  street-car  to  antici- 
pate.    1915A-216. 

Electricity  as  motive  power,  degree  of 
care   required  in   use.     3-258;   21-749. 

• — communication  of  electricity  from 
track  (not  third  rail),  liability  for 
injury    caused.     1915B-708. 

Tire  apparatus,  care  required  of  driver 
of  street-car  to  avoid  collision.  1918A- 
290. 

—hose  carriage,  liability  for  injury  to 
fireman  resulting  from  collision  with 
street-car.     8-984. 

Lessor's  liability  for  negligent  or  illegal 
operation  by  lessee.     1915D-996. 

Manner  of  construction  of  track  as  cause 
of  injury  to  person,  team,  vehicle, 
etc.,  liability  of  street  railway. 
1913D-532. 


STREET  RAILWAYS— Continued. 

Motorcycle,  right  of  action  of  driver  for 
collision  with  trolley  car.  1917A- 
224. 

Newsboys  boarding  cars  for  sale  of 
papers,    liability    for    injuries.     7-528. 

Notice  of  approach  of  car  by  sounding 
gong    or    bell,    duty   to    give.     20-152. 

Number  of  employees,  operation  of  car 
with  insufficient  number  as  negli- 
gence.    1917C-74. 

Operation  of  cars  in  violation  of  ordi- 
nance as  negligence  per  se.  9-840; 
1913E-1100. 

Person  working  in  street,  liability  of 
street  railway  for  injury  to.  1915B- 
504. 

Bounding  curves,  injuries  caused  by  strik- 
ing pedestrian,  liability  of  street 
railway    company.     1916E-679. 

Signal  lights  on  cars,  duty  and  liability 
in    reference    to    placing.     10-605. 

Vehicles  moving  along  tracks,  duty  and 
liability  of  street  railway.  7-1127; 
18-510. 

Wrongfully  on  car,  liability  of  company 
to  person  riding  by  direction  or  per- 
mission of  employee.  9-542;  1917C- 
361. 

B.    Injttbies  to  Passengers. 

Assault  on  passenger  by  fellow-passenger 
or  stranger,  liability  of  carrier  for 
injuries.     3-254;    8-590;    18-773. 

Boarding  or  alighting  from  car  prema- 
turely started  by  unauthorized  per- 
son, liability  for  injury  to  passenger. 
21-1331. 

Collision  at  railroad  crossing,  liability  of 
street  railway  for  injury  to  passen- 
ger.    1913E-179;   1918C-47. 

Destination  of  passenger,  liability  for 
failure  to  carry  passenger  to  destina- 
tion indicated  by  sign  on  car.  3- 
1080. 

Diseased  passengers,  liability  for  ejec- 
tion.    8-222. 

Free  passengers,  liability  for  injuries  to. 
6-669. 

Going  from  one  car  to  another  of  mov- 
ing train,  liability  for  injury  to 
passenger.     16-450;    1916A-144. 

Intending  passengers,  right  to  damages 
for    failure    of    electric    or    street-ear 


816    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


STEEET  RAILWAYS— Continued. 

to    stop    for    him    at    regular    station. 
1912B-997. 

Intoxicated  person,  right  to  refuse  re- 
ceiving   as    passenger.     8-226. 

Missile  thrown  at  inotorman  by  stranger, 
liability  of  company  for  injury  to 
passenger.     8-590. 

Mob  violence,  liability  of  street  railway 
for  injury  to  passenger.     3-1084. 

Panic  on  street-car,  right  of  passenger 
to  damages  for  injuries  caused. 
1913D-907. 

Riding  on  platform  or  steps,  liability  of 
street  railway  for  injuries  to  pas- 
senger.    1-316;    10-816;    1917C-71. 

— validity  and  enforcement  of  rule  pro- 
hibiting passengers  riding  on  plat- 
form.    1918C-534. 

Safe  place  for  boarding  and  alighting 
from  cars,  duty  to  provide.  1-916; 
9-854;    1915A-1*213. 

Sick  passenger,  duty  and  liability  of  car- 
rier towards.     21-1081. 

Starting  car  before  passenger  is  seated, 
liability  of  street  railway.  1912D- 
582. 


C.    Injuries  to  Employees. 

Blocking  or  securing  cars  standing  idle, 
liability  for  injuries  caused  to  ser- 
vant by  failure  to  block.  1914A- 
572. 

Disobedience  of  rules  or  regulations  as 
affecting  servant's  right  of  recovery 
for  personal  injuries.     8-9. 

Structures  or  other  objects  near  track, 
liability  of  company  employee  in- 
jured on  running  board  of  car  by 
coming    in    contact.     1913E-1072. 

D.      CONTRIBUTOEY  NEGLIGENCE. 

Alighting  from  moving  car  where  act 
obviously  dangerous  as  contributory 
negligence.     1-779. 

Arm  or  head  permitted  to  protrude  from 
car  as  contributory  negligence.  1- 
711;    8-1041;   1916C-1219. 

Boarding  moving  car  as  negligence.  2- 
940. 

Contributory  negligence  as  defeating  re- 
covery    where     defective     appliances 


STREET  RAILWAYS— Continued. 

prevent  avoidance  of  injury  by  street 
railway.     1916D-501;    1917E-768. 

Crossing  tracks,  difference  in  degree  of 
care  required  of  person  in  city  and 
country    districts.     10-336. 

Imputed  contributory  negligence,  ap- 
plicability  of   rule.     5-163. 

Obstruction  to  view  of  approaching 
street-car  by  telegraph,  telephone, 
trolley  or  electric  light  poles.  20- 
295. 

Parallel  tracks,  passenger  alighting  from 
street-car  and  passing  to  rear  of  it 
across  parallel  tracks  without  looking 
for  approaching  car  as  contributory 
negligence.  6-705;  12-912;  1916E- 
998. 

Pedestrian  crossing  tracks,  duty  to  stop, 
look    and    listen.     3-334;    1915B-690. 

Eunning-board,  riding  or  standing  on 
step  or  running-board  as  contributory 
negligence  of  passenger.  4-666;  9- 
1025;  1914A-1172;  1917C-71;  1918C- 
445. 

Standing  in  moving  car  as  contributory 
negligence.     13-124. 

Stopping  or  leaving  vehicle  on  track  as 
negligence  precluding  recovery  for 
resulting    injuries.     1917C-1233. 

Visibility  of  street-cars  as  affected  by 
state  of  weather.  16-361;  1915B- 
414. 

Walking  on  track  as  contributory  negli- 
gence.    10-947. 

E.    Evidence. 

Presumption   of   negligence   from   collision 

resulting     in     injurv     to     passenger. 

4-11;    1917C-636. 
Signals,   weight   of   positive   and   negative 

testimony.     12-1033;    18-633;    1916A- 

163. 

Speed    of    car,    competency    of    nonexpert 

witness  to   testify   as   to.     1913A-187. 
— inference    as    to    speed    from    distance 

run  after  accident  and  efforts  to  stop. 

15-949. 
-—unreasonable     testimony     as     to     speed, 

withdrawal      from      consideration     of 

jury.     15-1194;    1917B-479. 

Unreasonable  testimony  as  to  looking 
and  listening  for  approaching  car, 
withdrawal  from  consideration  of 
jury.     15-1192;    1917B-479. 


STREETS  AND  HIGHWAYS. 


817 


STREETS  AND  HIGH- 
WAYS. 

1.  In   Greneral. 

2.  Establishment,    Alteration    and    Vaca- 

tion. 

3.  Improvement  and  Repair. 

4.  Lighting,  Sprinkling  and  Cleaning. 

5.  Regulations. 

6.  Use  of  Streets. 

A.  Geneballt. 

B.  Obstructions. 

C.  Additional  Sebvitxjdes. 

7.  Injuries  from  Defects. 

A.  Generallt. 

B.  Notice  of  Defect. 

C.  Contributory  Negligence. 

D.  Persons  Liable. 

E.  Actions. 

8.  Injuries   from   Use. 

9.  Law  of  Eoad. 

See  Bridges;  Dedication. 

1.    In    General. 

Access  to  public  grounds,  vested  right 
of    abutting    owner.     1915C-177. 

Animals  unlawfully  on  street,  liability 
of  owner  for  injuries  committed. 
14-624. 

Bridges  not  erected  by  highway  authori- 
ties, duty  to  maintain.     1914A-550. 

Door  or  gate  opening  outwards  in  street, 
liability  for  injuries  caused.  1916E- 
458. 

Franchise  granted  to  use  street  as  ex- 
tending to  new  street  or  subse- 
quently   annexed    territory.     18-1118. 

Gift  for  highway  improvement  as  valid 
charitable   gift.     1914A-1218. 

Jurisdiction  of  city  street  as  between  city 
and  a  county  including  the  city. 
1914A-1051. 

"Public  highway,"  meaning  as  used  in 
accident  insurance  policy.  1912C- 
607. 

Railroad  as  entitled  to  damages  where 
street  is  laid  out  across  its  right  of 
way.     15-14. 

Bead  commissioner  as  municipal  officer. 
1914D-12.36. 

Index  to  Notes — 52 


STREETS  AND  HIGHWAYS— Continued. 

Special  assessment  of  public  street,  lia- 
bility in  absence  of  express  statutory 
provision.     16-889. 

Toll  road  purchased  by  municipality, 
compensation  payable.     1915B-1179. 

Trees  of  abutting  owner,  liability  of 
telegraph,  telephone,  electric  light  or 
trolley  company  for  injury  to.  2— 
642;    12-251. 

United  States,  power  to  condemn  land 
for  highway  purposes.     1918E-46. 

2.    Establishment,    Alteration   and   Vaca- 
tion. 

Alley  as  street  or  highway.     15-968. 

Certiorari  to  review  highway  proceedings, 
who    may   bring.     18-667. 

Dedication  of  highway,  implied  accept- 
ance by  public  user  of  land  dedi- 
cated.    3-792. 

— presumption  of  dedication  from  user  of 
highway.     1914D-335. 

Earth  and  minerals  in  highway,  rights 
of   abutting   owner.     2-596;    11^445. 

Eminent  domain,  interest  in  land  ac- 
quired by  condemnation  as  easement 
or  fee.     20-570;   1918A-808. 

— public  use,  taking  property  for  high- 
way purpose  as  constituting.  14- 
906;  1912D-1006. 

— United  States,  power  to  condemn  land 
for  highway.     1918E-46. 

Injunction  to  restrain  public  authorities 
from  injuring  trees  and  timber  in 
laying  out  and  constructing  highway, 
right   of   property   owner.     11—460. 

Judicial  inquiry  into  motives  of  ordi- 
nance vacating  or  establishing  street. 
1912A-717. 

Location  of  highway,  judicial  notice  of 
location.     12-936. 

— meaning  of  word  "near"  with  respect 
to  location.     1913D-120. 

— navigable  waters,  right  to  locate  high- 
way over  or  into.     14-288. 

Opening  street,  estoppel  of  city  to  open. 
191oB-406. 

— meaning  of  "open"  or  "opening"  as  ap- 
plied to  street  or  highway.  1913D- 
1048. 

Public  works,  street  as  constituting.  11- 
594. 


818    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


STREETS  AND  HIGHWAYS— Continued.      STEEETS  AND  HIGHWAYS — Continued. 


Eeservation  and  exception  of  street  in 
deed,    distinction    between.     18-801. 

Eeversion  of  land  taken  under  power  of 
eminent  domain  when  public  use 
ceases.     19-158. 

"Eoad,"  term  as  including  "street." 
1914A-775. 

"Sidewalk,"    meaning   of   term.     20-1046. 

Trusts,  power  of  municipality  to  take 
property  for  street  purpose  as  trus- 
tee.    17-749. 

Turnpikes  or  toll  roads  as  "highways" 
or    "public    highways."     17-804. 

User  through  mistake  of  other  than  au- 
thorized location  as  creating  high- 
way.    3-142. 

Vacation  of  street,  persons  entitled  to 
compensation.  15-687;  1913D-790; 
1916C-238. 

— power  to  vacate  street.     2-87. 

Width  of  highways  acquired  by  adverse 
user.     2-973. 


3.    Improvement    and    Repair. 

Generally. 

Drainage  of  surface  water  from  highways 
upon  adjacent  land,  right  of  munici- 
pality.    6-990;     1912B-915. 

Extent  which  municipality  is  under  duty 
to  keep  and  repair.  13-282;  1915B- 
279. 

Improvement  made  by  city  before  dedica- 
tion or  condemnation,  validity. 
1914B-208. 

Inclusion  of  several  streets  in  one  im- 
provement,   validity.     1916D-455. 

Injury  to  adjoining  property  caused  by 
wrongful  act  of  municipal  officer  or 
employee  in  repairing  highway,  lia- 
bility.'   21-1346. 

Xiateral  and  subjacent  support,  measure  of 
damages  for  injury.  5-219;  5-760; 
10-77. 

Mandamus  to  compel  municipality  to  re- 
pair street.     20-84S. 

Mechanics'  liens  for  sidewalk  construction. 
4-1015. 

Municipal  liability  for  negligent  or  unlaw- 
ful acts  in  grading  street.  1915C— 
1292. 


Negligence  of  officer  of  town  repairing 
public  highway,  liability  of  town  for 
injuries  to  employee.     1914A-558. 

Poll  tax,  requiring  citizen  to  work  on 
highway  as   imposing.     1912A-739. 

Bfl.ilroad  crossing,  extent  which  railroad 
is  under  duty  to  maintain  in  safe 
condition.     1918D-186. 

Sidewalks,  necessity  of  notice  to  lot  owner 
before  construction  by  municipality. 
3-676. 

Street  railways,  contract  by  street  rail- 
way to  keep  street  in  repair  as  im- 
posing obligation  to  repave  with  dif- 
ferent form  of  pavement.     1914B-129. 

— duty  to  keep  in  repair  portions  occu- 
pied by  right  of  way,  in  absence  of 
contract  or  statutory  direction.  7- 
381. 

—-legal  meaning  of  "require"  in  statute 
relating  to  paving  by  street  railway 
company.     1^12A-1237. 

Change  of  Grade. 

Change  of  street  to  established  grade,  right 
of  abutting  owner  to  damages  where 
ho  improves  property  after  grade  is 
established.     1916r)-1143. 

Improvements  made  by  abutting  owner  in 
reliance  on  established  grade,  right  to 
damages  for  change  of  grade.  1916E- 
371. 

Joinder  in  petition  for  change  as  waiver 
of,  or  estoppel  to  claim,  compensation 
for  resulting  damage.     20-876. 

Municipal  liability  for  change  of  grade  in 
absence  of  statute  allowinjj  compen- 
sation, but  under  constitutional  pro- 
vision against  "damaging"  property. 
10-849. 

Switch  connections  with  railroad,  right  to 
damages  for  deprivation  on  change  of 
street  grade.     1914C-273. 

Independent  Contractors. 

Acts  or  negligence  of  independent  con- 
tractor in  repairing  or  improving 
street  or  highway,  liability  of  munici- 
pal corporation  for.  16-433;  1914A- 
71. 

Injuries  to  runaway  horse,  liability  of  in- 
dependent contractor  repairing  street 
for    municipality.     1914C-254. 


STREETS  AND  HIGHWAYS. 


819 


STREETS  AND  HIGHWAYS— Continued.      STREETS  AND  HIGHWAYS— Continued. 


Person  employed  in  connection  with  work 
upon  street  or  highway  as  independent 
contractor.     19-25;   1918C-658,  663. 

Special  Assessment. 

Intersections  of  streets,  assessment  for 
cost  of  improving.     21-635. 

Life  tenant  and  remainderman,  liability 
to  pay  special  assessment  for  street 
improvement  as  between  them. 
1914B-818. 

Railroad  right  of  way  as  assessable  for 
street   improvement.     2-587;    12-635. 

Rural  highway,  validity  of  statute  assess- 
ing cost  of  construction  or  repair  on 
land  benefited.     1913D-550. 


4.    Ligliting,    Sprinkling   and  Cleaning. 

Cleaning  streets,  municipal  liability  for 
tort   committed.     1916C-242. 

Lighting  streets,  liability  of  municipality 
for    failure.     4-1001;    1916B-198. 

— method  as  resting  in  municipal  discre- 
tion.    1912D-432. 

Municipal  officer,  street  cleaning  employee 
as.     1914D-1237. 

Plant  for  lighting  streets,  power  of  mu- 
nicipality to  erect  or  purchase. 
1916B-525. 

Sprinkling  streets,  power  of  municipality 
in  respect   to.     6-982;   12-611. 

Street  crossings,  power  of  municipality 
to  require  railroad  to  maintain  lights. 
1912D-403. 


5,    Regulations. 

Assemblage  of  persons  idly  on  street, 
validity  and  construction  of  ordinance 
forbidding.     1912B-1185. 

Automobiles,  municipal  regulation  as  to 
use  of  streets.     1916E-1050. 

— prohibition  of  use  within  certain  terri- 
torial limits,  validity  of  statute  or 
ordinance.     15-1169;  20-516. 

Business  vehicles  using  streets,  validity  of 
ordinance  prohibiting,     1916E-969. 

Grade  crossings,  validity  of  statute  em- 
powering municipality  to  abolish. 
1915A-76. 


Hacks,  taxicabs  or  the  like,  municipal  reg- 
ulation other  than  taxation.  1914D- 
735. 

Jitney  buses,  state  or  municipal  regula- 
tion. 1916A-1233;  1917C-1051;  1918C- 
946. 

Municipal  control  as  affected  by  statute 
conferring  on  public  service  commis- 
sion power  to  fix  rates  for  public  util- 
ity.    1917C-62. 

Railroad  occupying  streets,  right  of  city 
to  prohibit  use  for  certain  purposes. 
1913D-650. 

Right  of  way  in  streets,  validity  of  stat- 
ute giving  particular  vehicles  special 
privilege.     1915A-93. 

Snow,  requiring  owner  or  occupant  of 
property  to  remove  from  sidewalk, 
validity  of  ordinance.     4-238;  13-70.5. 

Speed  of  vehicles,  constitutionality  of 
statutes  and  ordinances  regulating. 
3-495;  11-728;   1916E-1067. 

— fire  apparatus,  speed  or  other  highway 
restriction   as   applicable.     1917D-565. 

Statutes  relating  to  use  of  motor  vehicles, 
effect  of  partial  invalidity.  1916D- 
58. 

Street  railways,  stopping  cars  at  certain 
points,  power  of  municipality  to  re- 
quire.    1914D-1092. 

Taxation  of  vehicles  using  streets  for  car- 
riage of  persons  or  property  for  hire, 
power  of  municipality  to  tax.  5-908; 
14-545. 

Telegraph  companies,  use  of  highways, 
state   regulation.     1-533. 

Tires  on  vehicles,  validity  of  statute  or 
ordinance  regulating  width.     21-1222. 

Water-pipes  in  highways,  municipal  regu- 
lation of.     lO-llOO. 

Width  of  private  streets  in  municipality, 
validity  of  ordinance  fixing.  1912A- 
615. 

6.    Use  of  Streets. 

A.    Generally. 

Abutting  owner's  rights  in  street,  validity 
and  effect  of  contract  transferring 
rights.     1912A-1179. 

Areaways  and  the  like,  right  of  abutting 
owner  to  use  sidewalk.  2-366;  20- 
543;   1917A-558. 


820    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


STREETS  AND  HIGHWAYS— Continued.      STREETS  AND  HIGHWAYS— Continued. 


Bicyclist  riding  on  sidewalk,  right  to. 
13-1014. 

Bridge  over  street,  right  of  abutting  owner 
to   erect.     17-246. 

Grass,  trees,  etc.,  right  of  municipality  to 
use  or  permit  use  of  sidewalks  for 
planting.     1912D-1236. 

Improper  use  of  street,  liability  of  mu- 
nicipality for  failure  to  prevent.  1- 
960  J   18-87;   1914C-219. 

Markets  or  market  stalls  or  stands  in 
public  street,  power  of  municipality 
to  establish   or  license.     1914D-352. 

Moving  buildings,  use  of  streets  for.  1- 
114;   11-639;   1917C-77. 

Poles  and  wires  in  street,  revocation  or 
expiration'  of  right  of  electric  com- 
pany to  maintain.  1917E-525,  539, 
557. 

Public  building  in  street,  right  or  power 
of  municipality  to  erect.  12-24;  21- 
1072. 

Snow  or  ice,  right  of  abutting  owner  to 
deposit  in  street.     1913D-187. 

Traction  engine,  use  of  highway.  15- 
1074;  1917E-798. 

Tunnel  under  street,  power  of  municipality 
to  permit  private  citizen  to  construct. 
1916B-750. 


B.    Obstetjctions. 

Access  to  property  prevented  or  interfered 
with  by  obstruction  in  street,  right 
of  private  individual  to  abate.  11- 
287. 

Barriers,  right  of  city  temporarily  to  ob- 
struct by  erecting  barrier.  1914A- 
1197. 

Crowd  attracted  by  exhibition  or  enter- 
tainment, obstruction  of  street  by 
assemblage    as    nuisance.     1916B-971. 

Fruit-stand  or  similar  structure  in  street 
as  nuisance.     1916D-773. 

Nuisance  in  city  street,  right  of  state  to 
enjoin  or  abate.     16-486. 

Prescriptive  right  to  maintain  public  nui- 
sance in  street.     17-791. 

Railroad  in  streets,  estoppel  of  municipal- 
ity to  compel  removal  by  acquiescence 
in  construction  of  road.     11-295. 


Removal  of  obstruction  in  public  highway, 
right   of  traveler.     1914D-446. 

Shade  trees,  removal  from  streets,  power 
of  municipality.  1-785;  16-642; 
1913C-1013. 

Transfer  of  goods  to  or  from  building, 
right  of  abutting  owner  to  obstruct 
street.     16-145. 


Lidbiiity  for  Obstruction. 

Corporation  obstructing  street,  criminal 
liability.     1916C-463. 

Damages  for  nuisance  consisting  of  ob- 
struction of  highway,  right  of  private 
citizen   to   recover.     1914C-1128. 

— limitation  of  action  for  damages,  run- 
ning of  statute.     10-186. 

Indictment  or  information  for  obstructing 
highway,  sufficiency  of  description  of 
highway.     13-909. 

"Knowingly"  obstructing  public  road. 
1912A-435. 

Obstruction  under  statutory  or  municipal 
authority,  liability  of  person  as  for 
negligence.     1917A-1003. 

Railroad  obstructing  highway  crossing, 
act  of  third  person  as  defense  to 
charge.     16-589. 

Stationary  obstructions,  municipal  liabil- 
ity  as  to.     1-968;    10-679;    1913C-532. 

Violation  of  ordinance  in  obstruction  of 
street  as  negligence  on  part  of  abut- 
ting owner.     1912A-795. 

C.     Additional  Sebvittides. 

Impairment  of  right  of  public  service  cor- 
poration to  use  streets  by  constitu- 
tional   amendment.     1914C-1287. 

Pipe-line  as  additional  servitude  on  rural 
highway.     9-1033. 

Public  lavatory  constructed  in  street  as 
nuisance  or  entitling  abutting  owner 
to  compensation.     1918D-906. 

Railroad  laying  tracks  in  street  without 
paying  or  securing  compensation,  right 
of  abuHing  owner  to  enjoin.  13—23; 
1913E^S74. 

Sewer  constructed  in  street  or  alley,  right 
of  abutting  owner  to  compensation. 
18-955. 


STREETS  AND  HIGHWAYS. 


821 


STKEETS  AND  HIGHWAYS— Continued. 

Street  railway  as  additional  servitude  on 
highway/  2-535;  4-^50;  21-377; 
1913C-408;  1915C-870. 

Subway,  construction  as  imposing  an  addi- 
tional  servitude.     18-375;    1917A-124. 

Telegraph  or  telephone  line  as  additional 
servitude  on  city  streets.  2-155;  8- 
956;  10-467. 

— on  rural  highways.     2-163;    11-464. 

7.    Injuries  from  Defects. 

A.    Generally. 

Annexed  or  newly  acquired  territory,  lia- 
bility of  municipality  for  defects  in 
highways.     17-197. 

Banana  peel  or  the  like  on  sidewalk,  lia- 
bility of  municipality  for  injuries 
caused.     1918E-17S. 

Bicyclists,  right  to  safe  road.  1-550;  16- 
426. 

Coal-hole  in  sidewalk,  legal  liability  for 
injuries  sustained  by  pedestrian.  19- 
466;   1917D-494. 

Defects  outside  traveled  or  wrought  part 
of  street,  liability  of  municipality  for 
injuries  caused.     2-671. 

Depression  or  difference  in  grade  in  side- 
walk, liability  of  municipality  for 
injuries  arising  from.     20-798. 

Exemption  from  liability,  validity  of  stat- 
ute relieving  municipality  from  lia- 
bility for  negligence.  18-289;  1913D- 
1309. 

Fireman  injured  by  defects  or  obstructions, 
liability  of  municipality.     18-509. 

Frightening  horse  hy  obstruction  in  street, 
municipal  liability.     1913C— 534. 

Icy  street  crossing,  liability  of  munici- 
pality   for    injuries    caused.     1913C- 

1068. 

Passing  from  abutting  lot  to  street,  right 
of  recovery  for  injury  incurred  be- 
cause   of    defective    sidewalk.     2-671. 

Playing  in  street,  injury  caused  by  de- 
fective highway,  liability  of  munici- 
pality.    4-250;   19-973. 

Pole  or  wire  of  public  service  corporation, 
liability  of  municipality  for  injury 
resulting  from  fall.     1913E-379. 

Proximate  cause,  injuries  due  to  defective 
highway  and  runaway  horse   as   con- 


STEEETS  AND  HIGHWAYS— Continued. 

curring    causes,    liability    of    city    or 
town.     2-180;   11-512. 

Eut  in  highway,  liability  of  municipality 
for  injuries  due  to.     10-538. 

Settled  and  outlying  districts,  comparative 
duty  of  municipality  with  respect  to 
care.     1913C-1312. 

Slippery  or  smooth  condition  of  sidewalk 
due  to  wear  or  nature  of  material, 
liability  of  municipalities  for  injuries 
resulting.     1913A-670. 

Street  undergoing  repairs,  general  rule 
as  to  liability  of  municipality  for 
injury  caused  by  defect  therein.  5- 
737. 

Tree  growing  on  highway,  liability  of 
municipality  for  injuries  caused 
by  fall.     16-835;    1913A-787. 

Violation  of  statute  or  ordinance  relating 
to  repair  of  streets  or  sidewalks  not 
intended  for  plaintiff's  benefit  as  ac- 
tionable wrong.     9—431. 

B.    Notice  of  Defect. 

Municipal  liability  for  defect  as  depend- 
ent on  notice  or  knowledge  where 
statute  imposes  liability  for  failure  to 
repair.     1913A-691;   1918B-384. 

Notice  to  policeman  of  defect  in  street 
as  notice  to  municipality.  1914B- 
168. 

SuflS^ciency  of  statutory  notice  to  munici- 
pality of  accident  occurring  with,  re- 
spect to  description  of  place  in  street 
or  highway.     18-994. 

Written  notice  to  municipality  as  condi- 
tion precedent  to  liability,  validity  of 
law  requiring.     16-172. 

C.      CONTRIBtTTORY    NEGLIGENCE. 

Attention  of  traveler  diverted,  right  to 
recover  for  injuries  sustained  by  de- 
fect or  obstruction  in  highway.  16- 
969;   1916B-1009. 

Closed  to  travel,  injury  to  one  using 
street,  right  to   damages.     1912B-957. 

Contributory  negligence  as  defense  in  ac- 
tion for  injury  caused  by  obstruction 
in  street.     1913C-535. 

Crossing  roadway  at  place  other  than  reg- 
ular   crossing    as    contributory    negli- 


822    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


STREETS  AND  HIGHWAYS— Continued. 

gence     barring    recovery     for     injury 
sustained  on  account  of.     12-1014. 

Forgetfulness  of  known  danger  as  negli- 
gence on  part  of  injured  pedestrian. 
1915B-764. 

Knowledge  of  defect,  duty  of  traveler 
knowing  to  take  different  route.    6-32. 

Walking  in  roadway  instead  of  on   side- 
walk as  contributory  negligence   bar- 
ring recovery  for  injury  sustained  on 
,  account  of.     12-1018. 

D.    Persons  Luble. 

Exoneration  between  municipality  and 
abutting  owners  as  to  damages  paid 
on  account  of  unsafe  highway.  1- 
945;   15-1047J   1918C-1144. 

Personal  liability  of  public  officer  for  in- 
juries caused  by  defective  condition 
of  highway.     1917D-939. 

Eight  of  injured  person  to  recover  from 
one  who  is  bound  by  contract,  statute 
or  ordinance  to  keep  street  in  repair. 
1913C-217. 

Township,  liability  for  defects  in  high- 
ways within  its  jurisdiction.  9-1156; 
11-943. 

R    Actions. 

Evidence,  prior  accidents  at  same  place 
as  admissible  in  action  for  injuries 
sustained  by  defective  street  or  high- 
way.    16-636. 

Pleading,  amending  complaint,  in  action 
for  injury  caused  by  defects  in  street 
or  sidewalk,  by  changing  description 
of  place  of  injury  as  introducing  new 
cause  of  action.     1915B-220. 

— rule  that  complaint  in  negligence  must 
allege  negligence  to  have  been  proxi- 
mate cause  as  applicable  to  injury 
from  excavation  in  street.  1913E— 
82. 

8.    Injuries  from  Use. 

Child  run  over  in  street,  applicability  of 
res  ipsa  loquitur  doctrine.  1913C- 
1056. 

Fire  apparatus,  care  required  to  avoid 
collision  with  street-car  or  other  ve- 
hicle in  street.     1913E-231. 

Flying-switches  by  railroads  at  street  cross- 
ing as  negligence.  10-15;  1912D-342; 
1915B-608. 


STREETS  AND  HIGHWAYS— Continued. 

Frightening    horses,    duty    of    automobile 

driver  to  stop  or  slow  down.     6-658. 

Improper  use  expressly  permitted  by  mu- 
nicipality, liability  for  injury  due  to. 
9-82S;   21-469;   1918C-364. 

— failure  to  prevent  improper  use,  liabil- 
ity of  municipality.  1-960;  18-87; 
1914C-219. 

Live  wires  injuring  traveler,  liability  of 
one  maintaining  wires  in  highway. 
4-709;    1913D-912. 

Negligent  operation  of  vehicle  in  street, 
liability  of  city.     1914B-342. 

Person  working  in  street,  duty  and  lia- 
bility   of    driver    of    vehicle.     1912A- 

848. 

Stopping  or  leaving  vehicle  in  dangerous 
place  in  street  as  negligence  preclud- 
ing recovery  for  resulting  injuries. 
1917C-1229,  1243. 

Street-car  striking  pedestrian  in  rounding 
curve,  liability  of  company  for  in- 
juries  caused.     1916E-679. 

Liability  of  Abutting  Owner. 

Awning,  sign,  etc.,  suspended  over  street, 
personal  injuries  caused  by  fall,  lia- 
bility of  person  maintaining.  10-718; 
17-376. 

Barbed-wire  fence  along  highway  injuring 
animal,  liability  of  owner  of  premises. 
1913D-7S3. 

Building  materials  stored  in  street,  duty 
of  abutting  owner  to  safeguard  and 
remove.     2-503;   10-918. 

Collapse  of  building  injuring  persons  upon 
streets,  liability  of  owner.     18-9. 

Frightening  horse,  liability  of  person 
using  his  own  premises  in  such  man- 
ner as  incidcntall}'  to  frighten  horse 
on  adjoining  highway.     1912C-461. 

Obstruction  of  street  in  violation  of  or- 
dinance as  negligence  on  part  of 
abutting  owner.     1912A-795. 

Scaffold,  injury  to  pedestrian  resulting 
from  erection  of  scaffold  for  repair- 
ing or  painting  building,  liability  of 
owner  of  building.     1916C-123. 

Walls,  fall  of  wall  or  portion  thereof,  in- 
jury to  person  in  highway,  applica- 
tion of  doctrine  of  res  ipsa  loquitur. 
1916E-1073. 


STREET-SPEAKING— SUBCONTRACTORS. 


823 


STREETS  AND  HIGHWAYS— Continued.       STRIKES— Continued. 


9.    Law  of  Road. 

Automobiles,  pedestrian's  rights  and  duties 
with  respect  to  automobile  in  high- 
way.    4—400. 

— rights  and  duties  of  persons  driving 
automobiles  in  highways.  12-292; 
13-463;  21-648;  1916E-66i. 

— street-car  and  automobile  traveling  in 
same  direction,  law  of  the  road. 
1913E-1121;   1918E-562. 

Crossings,  law  of  the  road.     1-164. 

Particular  vehicles  given  right  of  way  in 
streets,  validity  of  statute.  1915A- 
93. 

Pedestrians  and  vehicles,  rights  and  duties 
in  highways.     4-398;  1914A-249. 

Playing  on  highway,  applicability  of  law 
of  road  with  respect  to  one  using 
highway  for  play.     1917C-454. 

Turning  to  right,  how  far  vehicles  must 
turn  to  right  to  comply  with  law  of 
road.     5-148. 

Vehicles  going  in  same  direction,  law  of 
road  as  to.     1913A-833;  191SE-562. 


STREET-SPEAKING. 

Validity  of  ordinance  requiring  permission 
of  municipal  oflB.cials.     6-749. 


STRIKES. 

Advertising  with  respect  to  strikes  or 
labor  conditions,  statutes  regulating. 
1916A-909. 

— employer  advertising  for  employees,  va- 
lidity of  statute  requiring  statement 
that   strike    exists.     1915B-661. 

Assaults  on  passengers  by  strikers,  liabil- 
ity   of    carrier   of   passengers.     3-255. 

Attempted  coercion  of  employer  by  threat 
to  strike  as  unlawful  act.  3-974; 
1915C-425. 

Carrier  of  goods,  existence  of  strike  as 
excusing  nonperformance  of  contract 
of  carriage  in  absence  of  special  stip- 
ulation therefor.     12-313. 

— refusal  to  receive  freight  for  shipment 
as  excused  by  existence  of  strike.  17- 
483. 


— stipulation  limiting  liability  for  delay 
caused  by  strike  or  mob  violence, 
validity.     1915C-1189. 

Injunction  against  strike  by  union  em- 
ployees, right  of  nonunion  employees 
to  bring  action.     1913D-369. 

— injury  to  business  or  property  by  strik- 
ers,   injunction    as    remedy.     4-783. 

Legal  justification  of  employees  for  strike, 
what    constitutes.     1912C-1302. 

Telegi'aph  message  delayed  in  transmis- 
sion owing  to  strike  of  employees, 
liability  of   company.     17-240. 

Workmen's  compensation,  injury  to  strike- 
breaker by  strikers  as  accident  in 
course  of  employment  within  act. 
1913C-12. 

STRONG  BEER. 

Judicial  notice  as  to  intoxicating  nature. 
1914C-875. 


STRUCTURAL 
CARPENTRY. 

Whether  employment  within  purview  of 
Workmen's  Compensation  Act.  191 7D- 
28. 

STRUCTURE. 

Meaning  of  term.     18-622. 

STUDENTS. 

See  Schools. 


STUMPS. 

Liability  of  municipal  corporation  for  ob- 
struction of  streets  by  stumps.  1- 
96S;  1913C-534. 

SUBAGENTS. 

See  Agency. 


SUBCONTRACTORS. 

Assignments  of  proceeds  of  contract  by 
subcontractor.     1918IX-609. 

Mechanics'  lietis,  right  of  subcontractor  to 
lien  as  affected  by  stipulation  against 
lien  in  building  contract.     14-144. 

— who    is   subcontractor   within   lien   law. 

1917C-80L 


824    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


SUBJACENT  SUPPORT. 

See  Adjoining  Land  Owners;   Mines  and 
Minerals. 


SUBLEASES. 

See    Landlord    and    Tenant;    Mines    and 
Minerals. 


SUBMERGED  LAND. 

Acquisition  of  title  to  land  under  water 
by  possession  adverse  to  state. 
1912A-702. 

Dredging  through  land  under  water  held 
by  private  owners,  right  of  govern- 
ment.    19^97;    1915A-234. 

Eiparian  ownership  doctrine  with  respect 
to  river  bed  as  extended  to  islands. 
1913A-782. 

Sand,  gravel,  or  the  like,  right  to  take 
from  bed  of  navigable  stream. 
1916B-559. 


SUBMISSION  OF 
CONTROVERSY. 

Additional  evidence,  power  of  court  to 
receive  where  controversy  is  sub- 
mitted on  agreed  case.     1915D-256. 

Court's  power  of  inference  upon  submis- 
sion of  controversy  or  agreed  case. 
11-148. 


SUBORDINATES. 

Public  officer,  liability  for  acts  of  subor- 
dinate.    12-185. 

Religious  institution,  liability  of  head  for 
torts  of   subordinates.     1915B-1234. 


SUBPOENAS. 

Criminal  proceeding,  issuance  without  en- 
titling in  any  pending  prosecution, 
validity.     9-977. 

RestraiAing  order,  necessity  of  subpoena 
as   prerequisite.     1917B-126. 

Subpoena  duces  tecum,  sufficiency  of 
description  of   documents.     15-643. 


SUBROGATION. 

1.  In  GeneraL 

2.  Insurers.  ^ 

3.  Persons  Advancing  Money. 

4.  Sureties. 

1.    In  General. 

Agent,  subrogation  to  rights  of  principal. 
17-204. 

Creditor,  right  to  securities  given  to 
surety.     6-395. 

Mortgages,  junior  mortgagee,  right  to  sub- 
rogation upon  payment  of  senior 
mortgage  as  affected  by  discharge  of 
same   from  record.     5-902. 

• — purchaser  at  invalid  foreclosure  sale, 
subrogation  to  rights  of  mortgagee 
or  other  claimant.     1917I>-576. 

Municipality,  subrogation  to  rights  of  in- 
sured on  compensating  insured  for 
destruction  of  building  to  prevent 
spread    of    conflagration.     1916B-788. 

Public  officer,  right  of  subrogation.  12- 
380. 

"Stranger,"  meaning  with  respect  to  sub- 
rogation.    1912D-1190. 

Subcontractor,  materialman  or  workman, 
rights  of  lien  as  affected  by  default 
of  contractor  where  lien  is  by  subro- 
gation.    17-116. 

Tax  lien,  right  of  person  paying  tax  to 
subrogation.     17-S1134;     1912B-751. 

Tenant  in  common,  right  of  subrogation 
against  cotenant  on  paying  mortgage 
debt.  10-282;  1912C-1264;  1917A- 
832. 

2.    Insurers. 

&.ccident  insurance  company,  subrogation 
to  rights  of  insured  against  person 
causing  injury.     16-635. 

Burglary  insurance,  subrogation  of  insurer 
to  rights  of  insured  under  policy. 
1913C-1180. 

Fire  insurance  company,  right  of  subro- 
gation against  water  company  in  case 
of  fire  loss  due  to  inadequate  supply 
of  water.     2-480. 

— statute  giving  railroad  benefit  of  insur- 
ance effected  on  adjoining  property 
as  affecting  insurance  company's  right 
to    subrogation.     1914A-1096. 


SUBSCRIBING  WITNESSES— SUBSCRIPTIONS. 


825 


SUBROGATION— Continued. 

Mortgages,  subrogation  of  insurer  to 
rights   of  mortgagee.     1917B-1135. 

Plate-glass  insurance,  right  of  company 
to  subrogation  on  paying  loss.  1912A- 
1093. 

Eelease  by  insured  of  person  causing  loss 
as  affecting  insurer's  right  to  subro- 
gation.    1917A-1298,   1308. 

Right  of  insurance  company  to  enforce 
subrogation  in  its  own  name.  1-8S5; 
18-710;    1918A-834. 


3.     Persons  Advancing   Money. 

Creditor's  rights  against  decedent's  estate, 
right  of  one  who  advances  money  for 
payment  of  debt  or  incumbrance  to 
be  subrogated  to  creditor's  rights. 
11-676;    1915C-130. 

Laborer's  lien,  right  of  subrogation  of 
person  advancing  money  to  pay  wages. 
10-211. 

Mortgages,  assignment  of  mortgage,  right 
of  one  paying  indebtedness  to  have. 
1914B-562. 

Retiring  partner  paying  debt  of  firm, 
right  to   subrogation.     1-726. 


4.    Sureties. 

Depositary  of  public  funds,  subrogation 
of  surety  to  rights  against  depositary. 
1916B-1266. 

Payment  of  whole  debt  as  essential  to 
right  of  surety  to  creditor's  securities. 
6-204;    1917C-1183. 

Surety  who  has  paid  debt,  right  to  be  sub- 
rogated to  rights  of  creditor  as  af- 
fected by  fact  that  surety  became 
such  for  consideration.  1913A-565; 
1918E-660. 

Third  persons,  subrogation  of  surety  to 
remedies  of  creditor  as  including 
those    against  third   persons.     13-429. 

SUBSCRIBING  WIT- 
NESSES. 

Wills,  conclusiveness  of  testimony  of  sub- 
scribing witness  with  respect  to  exe- 
cution of  will.     1916D-1104. 

— failure  of  witnesses  to  remember  circum- 
stances as  affecting  admission  of  will 
to  probate.     11-428;    191SE-1040. 


SUBSCRIPTIONS. 

Generally. 

Acceptance,  necessity  and  sufficiency  to 
make  subscription  enforceable.  17- 
1076. 

Collateral  oral  agreement  as  admissible  to 
supplement   terms.     1914A-458. 

Condition  of  subscription,  waiver  of  or 
estoppel  to  rely  on.     1913B-434. 

"Escrow,"  term  as  applicable  to  subscrip- 
tion list.     1916B-1033. 

Mercantile  agency,  rights  and  liabili- 
ties between  agency  and  subscriber, 
1916D-750. 

Oral  promise  to  donate  money  to  charity, 
validity  and  enforceability  as  subscrip- 
tion.    1914D-138. 

Validity  as  dependent  on  designation  or 
existence    of   payee.     1913B-241. 

Corporate  Stock. 

Alteration  in  charter  or  change  in  corpo- 
rate design  as  releasing  subscriber. 
1918A-79. 

"Cash"  payment,  what  may  be  received  in 
payment  for  subscription  to  stock  re- 
quired to  be  in  cash.     1912B-480. 

Change  of  name  of  corporation  as  affect- 
ing liability  for  stock  subscriptions. 
19-1243. 

Estoppel  of  stockholder  to  deny  corporate 
existence    in    action    on    his     unpaid 

stock   subscription.     1915A-411. 

Evidence,  admissibility  of  parol  evidence 
to  show  conditional  nature  of  sub- 
scription.    19-883;    191SC-853. 

Liability  for  subscription  as  dependent 
upon  whole  amount  of  stock  being 
subscribed.     16-1253;     1918B-1137. 

Preferential  right  to  subscribe  of  stock- 
holder on  issue  of  new  stock.  9-745  j 
1918B-132. 

Eelease  of  unpaid  stock  subscription,  va- 
lidity as  regards  corporate  creditors. 
1912B-491. 

Rescission  or  repudiation  on  ground  of 
fraud,  right  after  insolvency  of  cor- 
poration.    16-178. 

Unpaid  subscriptions,  liability  of  bona 
fide   transferee.     1914B-748. 

— setoff  by  stockholder  of  debt  due  him 
from  corporation,  right  on  insolvency 
of   corporation.     1913E-1025. 


826    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


SUBSCRIPTION&— Continued. 

Waiver  of  right  to  avoid  subs'cription. 
16-1258;   1915B-790. 

"When  subscriber  becomes  stockholder. 
1913C-418;   1917E-209. 

Withdrawal  of  subscription  to  stock,  right 
of  subscriber.  16-532;  1915C-1113; 
1916A-699. 


SUBSEQUENT  PUR- 
CHASERS. 

Effect  of  agreement  as  to  character  of 
articles  annexed  to  land.     4-1073. 

Illegal  combination  of  bidders  at  tax  sale 
as  affecting  rights  of  subsequent  pur- 
chaser.    1913D-963. 


SUBSTITUTES. 

Attorneys,  liability  of  attorney  to  elieat 
for  act  of  substitute.     1917B-1S. 

Prosecuting  attorneys,  validity  of  appoint- 
ment of  substitute.     1918A-720. 

Servant's  employment  of  substitute  as  af- 
fecting master's  liability  to  substi- 
tute.    4-444;    14-3S9;    1913C-792. 


SUBSTITUTION. 

Contract  substituted  for  prior  contract  as 
effecting  rescission  of  latter.  1912A- 
1258. 

Parties,  right  to  amend  pleading  by  sub- 
stituting new  plaintiff  suing  for  use 
of   original  plaintiff.     1913B-110. 


SUBTERRANEAN 
WATERS. 

Eight  of  land  owner  to  sink  well  and  in- 
tercepft  subterranean  waters  supply- 
ing neighbor's  well  or  spring.  4-829; 
10-846;   1917G-106. 


SUBWAYS. 

Construction  of  subway  as  imposition  of 
additional  servitude  upon  street.  2- 
535;  18-376;  1917A-124. 

Railways,  operating  with  insufficient  num- 
ber of  employees  as  negligence. 
1917C-75. 


SUBWAYS— Continued. 

■ — safe  place  for  boarding  and  alighting 
from  cars,  duty  to  provide  with  re- 
spect to  subway  railways.     9-855. 

■ — street  railway  as  including  railway  built 
below  street.     19-260. 

»— when  intending  passenger  on  subway 
train  actually  becomes  such.  1917C- 
1211. 

SUCCESSION. 

See   Descent  and  Distribution. 

SUCCESSION  TAXES. 

See  luheritauce  Taxes. 


SUCTION. 

Liability  of  carrier  to  passenger  at  sta- 
tion injured  by  suction  of  passing 
train.     1916A-142;  191SA-872. 


SUDDEN  PERIL. 

Negligence  in  attempting  to  cross  track 
ahead  of  approaching  train  as  excused 
by  sudden  peril.     21-1177. 


SUFFERING. 

Child's  suffering  in  death  caused  by 
wrongful  act  as  element  of  damages 
recoverable  by  parent.  1913C-65; 
1916B-535. 


SUFFOCATION  BY  SMOKE. 

Injury  as  accident  arising  out  of,  and 
in  course  of,  employment  within 
Workmen's  Compensation  Act.  1916B- 
1303. 


SUFFRAGE. 

Qualification  of  voters,  power  of  legisla- 
ture to   define.     7-665. 

■ — validity  of  statute  giving  women  right 
to  vote.     1915A-802. 


SUICIDE. 

Attempt  to   commit  suicide,   as  indictable 
offense.     8-354. 

Beneficial  associations,  amendment  of  by- 
law   relating   to    suicide,    validity    as 


SUIT  MONEY— SUNDAYS  AND  HOLIDAYS. 


827 


SXncriDE— Continued. 

to   existing  members.     1-717;    1913C- 
677;   1917B-815. 
— waiver   of  forfeiture   of  benefit   certifi- 
cate for  suicide.     12-642;   1918D-312. 

Civil  damage  acts,  sale  of  liquor  as  proxi- 
mate cause  of  suicide,  authorizing  re- 
covery under  act.     8-1130. 

Counseling,  advising,  assisting  or  compel- 
ling another  to  commit,  criminal  lia- 
bility for.     4-1157;    16-522. 

Declarations  or  written  statements  by 
insured  previous  to  death  as  evidence. 
8-1114;  1918C-1050. 

Homicide,  acts  or  declarations  of  deceased 
as  admissible  to  establish  defense  of 
suicide.     1914D-1279, 

— threats  of  deceased  of  intention  to 
commit,  as  evidence  in  prosecution 
for  homicide  for  his  death.  1917C- 
372. 


Insanity  as  evidenced  by  suicide.  1912A- 
44;  1916B-4S8. 

Life  insurance,  effect  of  incontestable 
clause  in  policy  on  provision  against 
suicide.     1-310 ";   1917D-1186,  1190. 

— exception  in  policy  of  death  from  sui- 
cide, while  "sane  or  insane,"  construc- 
tion of  clause.     7-659. 

— policy  containing  no  provision  as  to  sui- 
cide as  affected  by  suicide  of  insured. 
8-162;   11-779. 

Presumption,  burden  of  proof,  and  weight 
and  sufficiency  of  evidence  of  suicide 
relied  on  as  defense  to  action  on 
life  insurance  policy  or  benefit  certifi- 
cate.    17-32;   1913C-1260. 

SUIT  MONET. 

Allowance  pending  appeal  in  matrimonial 
action.     3-51;    15-229;    1915B-1249. 

SUITS. 

See  Actions. 


SUM  DUE. 

Legal  meaning  of  term.     1918E-792. 

SUMMARY  DESTRUC- 
TION. 

Fishing    appliances,    validity    of    statutes. 
1-950. 


SUMMARY  DESTRUCTION— Continued. 

Game  laws,  validity  of  statutes  author- 
izing destruction  of  property  used  in 
violation.     8-902, 

Intoxicating  liquors,  constitutionality  of 
statutes  providing  for  destruction  of 
liquors   illegally  kept.     2-245." 


SUIOIARY  JUDGMENTS. 

Bond  in  nature  of  appeal  bond,  entry  of 
summary  judgment  against  surety. 
1918C-1151. 

Injunction  bond,  entry  of  summary  judg- 
ment against  surety.     1918C-97. 


SUMMARY  PROCEED- 

iNas. 

Contempt  procedure  in  federal  court. 
1915D-1052. 

Estoppel  of  tenant  to  deny  landlord's  title 
as  applicable  in  case  of  summary  pro- 
ceedings by  landlord  for  possession. 
1917D-103. 

SUMMONS. 
See  Process. 

SUNDAYS  AND  HOLI- 
DAYS. 

1.  In  General. 

2.  Validity  of  Statutes. 

3.  Acts  and  Contracts  WitMn  Statute. 
^4.  Official  or  Judicial  Acts. 

5.  Prosecution  for  Violation. 

6.  Recovery  for  Services  or  Injuries. 

1.    In  General. 

!Act  required  by  statute,  computation  of 
time  for  performance  when  last  day 
falls   on  Sunday.     7-325;   20-1318. 

— under  court  rule,  computation  of  time 
for  performance  where  last  day  falls 
on  Sunday.     1914B-1036. 

Affidavit     taken 
1916B-22. 


on     Sunday,     validity. 


Computation  of  time,  exclusion  or  inclu- 
sion of  Sunday  or  holiday.  1917E- 
934,  949,  952. 


828    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


SUN1>AYS  AND  HOLIDAYS— Continued.      SUNDAYS  AND  HOLIDAYS— Continued. 


Judicial  notice  of  Sundays  and  holidays. 
21-352. 

Public  officers,  compeneation  of  officer  re- 
ceiving per  diem  pay  as  allowable  for 
Sundays.     1912C-S07. 

Telephone  or  telegraph  service  on  Sunday, 
duty  to  furnish.  1912C-587;  1915D- 
380. 

2.    Validity  of  Statutes. 

Barbers,  validity  of  ordinance  closing 
shops  on  Sunday.     1915C-200. 

Constitutionality  of  Sunday  laws  gener- 
ally.    12-1096;  1913E-935. 

Exception  in  favor  of  persons  observing 
seventh  day  of  week,  constitutional- 
ity of  Sunday  law  which  fails  to 
make.     7-934. 

Eailroad  trains,  public  service  order  re- 
quiring running  of  Sunday  train,  va- 
lidity.    1917B-1205. 

- — statute  prohibiting  running  of  trains  on 
Sunday  as  interference  with  inter- 
state commerce.     7-8;   13-147. 

S.    Acts  and  Contracts  Within  Statute. 

Amusements  or  exhibitions  within  prohi- 
bition of  Sunday  laws.  16-406;  21- 
6S1;   1914C-782. 

Barbers,  statutory  regulations  with  respect 
to   Sunday.     15-261;    1913D-397. 

— validity  of  prohibitory  statute  as  to 
Sunday  barbering.     6-980. 

Baseball  on  Sunday  as  nuisance.     18-1095. 

Contracts,  estoppel  as  applicable  to  rights 

of    parties    under    void    Sunday    con-. 

tract.     1916E-467. 
— execution  of  contract  on  Sunday  by  one 

party    without    knowledge    of    other, 

validity.     16-632. 
— negotiation  of  contract  on   Sunday,  but 

completed    on    secular    day,    validity. 

ao-36. 

—ratification  of  void  contract  made  on 
Sunday.     7-634;    1912A-293. 

Deed  made  on  Sunday,  validity.  1913B- 
656. 

Food,  sale  and  delivery  on  Sunday  as 
constituting  work  of  necessity  within 
Sunday  law.     16-278. 


Gift  made  on  Sunday,  validity.  1917A- 
424. 

"Goods,  wares,  merchandise,"  etc.,  within 
purview  of  statute  prohibiting  sale 
on   Sunday.     13-856. 

Intoxicating  liquors,  delivery  on  Sunday 
of  liquor  bought  previously  as  viola- 
tion of  Sunday  liquor  law.  1914A- 
639. 

— statutes  permitting  sale  on  Sunday  in 
hotels  to  "guests,"  "travelers,"  "with 
meals,"  etc.     17-817. 

"Labor,"  or  "labor  or  work"  within  prohi- 
bition,   what    constitutes.     1913D-797. 

Laundries,  prohibition  of  labor  in  laun- 
dries on  Sunday.     21-978. 

Moving  picture  shows,  applicability  of 
Sunday  laws.     1916C-304;    1914C-782. 

Particular  occupations,  Sunday  laws  as 
directed  against.  1-93;  6-980;  10- 
1016;    14-141;    1918E-1170. 

Payments  made  on  Sunday,  validity.  19- 
240. 

"Bequire,"  legal  meaning  in  statute  relat- 
ing to  Sunday  observance.  1912A— 
1239. 

Selling  goods  as  "labor"  within  prohibi- 
tion of  Sunday  law.     1913D-799. 

Several  sales  on  same  day  as  separate 
violations  of  Sunday  law.     16-769. 


4.     Official  or  Judicial  Acts. 

Adjournment  of  court,  right  of  court  to 
enter   order   on   Sunday.     1916B-14. 

Appeal  and  error,  validity  of  act  in  con- 
nection therewith  on  Sunday.  1916B- 
23. 

Arrest  made  on  Sunday,  validity.  1916B- 
21. 

Bail  or  recognizance  bond  taken  on  Sun- 
day, validity.     1916B-21. 

Coroner's  inquest,  right  to  hold  on  Sun- 
day.    1916B-16. 

Court's  power  to  sit  and  try  causes  on 
legal  holiday  other  than  Sunday.  5- 
919;    11-559. 

Judicial  or  official  act  performed  on  Sun- 
day or  holiday,  validity.  1916B-6; 
1916E-847,  858. 


SUNRISE  AND  SUNSET— SUPPORT  AND  MAINTENANCE.     829 


SUNDAYS  AOT)  HOLIDAYS— Continued.      SUPERSEDEAS— Continued. 


Ministerial  as  distinguished  from  judicial 
acts  under  prohibitory  laws.  1-279; 
18-1040. 


5.    Prosecution    for    Violation. 

Acts  repeated  on  same  day  as  separate 
violation  of  Sunday  law.     16-769. 

Belief  in  seventh  day  of  week  as  Sabbath 
as  defense  to  prosecution  for  viola- 
tion.    10-948. 

Labor  or  amusement  on  Sunday  as  of- 
fense at  common  law  or  under  stat- 
ute other  than  Sunday  law.  1918B- 
387. 


6.    Eecovery  for  Services  or  Injuries. 

Extra  services  performed  for  master  on 
Sunday,  right  of  servant  to  recover 
pay.     12-663. 

Servant  working  Sunday  in  violation  of 
statute,  liability  of  master  for  injuries 
received   by   him.     1912C-397. 


Pailure  to  file  bond  on  appeal  by  plain- 
tiff from  attachment  judgment  as  dis- 
charging lien  of  attachment.  1913B- 
182. 

Injunction  as  affected  by  supersedeas 
bond.     4-231. 

New  or  additional  bond,  requirement  or 
permission  in  appellate  court.  10- 
804;   17-378. 

Sureties,  fewer  than  required  number,  ef- 
fect upon  bond.     9-710. 


SUPERSTITION. 

Confession  induced  by  appeal  to  ac- 
cused's superstition  as  affecting  ad- 
missibility.    1913B-311. 


SUPERVENING  CAUSE. 

Death  resulting  from  supervening  cause 
as  defense  to  charge  of  homicide. 
16-576;  1916C-692. 

Proximate  cause  and  intervening  condition. 
1-230. 


SUNRISE  AND  SUNSET. 

Judicial  notice.     21-352. 

SUNSTROKE. 

Accident  insurance,  construction  of  policy 
clause  relating  to  sunstroke.  10-854; 
191SA-523. 

Death  from  sunstroke  as  due  to  disease 
instead  of  accident.     2-140. 

Workmen's  compensation,  special  exposure 
to  sunstroke  as  accident  arising  out 
of  and  in  course  of  employment. 
1913C-10,  12. 

SUPERINTENDENT  OF 
POOR. 

Necessary  expenses,  what  constitute. 
1918D-928. 

SUPERSEDEAS. 


Execution     as     affected 
after    its    execution. 
1223. 


by     supersedeas 
5-786;     1914C- 


SUPERVENING  DISEASE. 

Workmen's  compensation,  disease  result- 
ing from  or  rendered  possible  by  in- 
jury  as   within   act.     1918B-309,   345. 


SUPERVISORS. 


Necessary      expenses, 
191SD-926. 


what      constitute. 


SUPPLEMENTARY  PRO- 
CEEDINGS. 

Municipal  corporation  as  included  under 
term  "corporation"  in  statute.  1913B- 
747. 


SUPPORT    AND    MAINTE- 
NANCE. 


Ge7i&rally. 

Annulment  of  marriage,  right  of  wife  or 
child  to  provision  for  tuture  support. 
14-885. 

Children's  support,  bankruptcy,  discharge 
as  affecting  claims  for  sui)port  of 
children.     2-268. 


830    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


SUPPORT  AND  MAINTENANCE— Con- 
tinued. 

■ — custody  of  children  awarded  mother  on 
divorce,  liability  of  father  to  sup- 
port.    12-138. 

— decree  in  favor  of  father  not  providing 
for  custody  or  maintenance  of  chil- 
dren, liability  for  support  of  children 
thereafter.     19180-939. 

— divorce  decree  awarding  custody  to 
mother  but  not  providing  for  main- 
tenance of  children,  liability  of 
father  for  support.  7-903;  14-255; 
1913C-296;   1915D-813. 

— power  of  court  in  divorce  action  to  pro- 
vide for  support  in  absence  of  prayer 
for  such  relief.     1914D-753. 

Creditor's  bill  as  reaching  contract  for  sup- 
port.    1914B-961. 

Divorce,  nonsupport  of  wife  as  desertion 
warranting    divorce.     21-283. 

Insane  person,  right  of  state  to  recover 
from  his  estate  for  support.  1913A- 
577. 

Judgment  against  principal  as  evidence 
against  surety  on  bond  given  to 
secure  support  of  wife  and  children. 
1915D-410. 

Lessor's  support,  construction  and  opera- 
tion of  lease  providing  for.  1913B- 
550. 

Master  and  servant,  support  of  minor  em- 
ployer as  setoff  in  action  for  wages. 
191SD-87. 

Ne  exeat  in  suits  by  wife  for  support.  3- 
295. 

Parent  and  child,  child's  liability  for  sup- 
port of  parent.     9-1019. 

— step-parent's  right  to  recover  for  sup- 
port of  stepchild.     1916A-1180. 

Paupers,  contribution  between  relatives 
supporting  pauper.     1915D-242. 

— past  maintenance,  liability  of  pauper 
for.     1-35. 

—unsettled  or  transient  pauper,  liability 
for  support.     1913C-82. 

Power  of  court  to  decree  maintenance  to 
either  wife  or  husband  independently 
of  divorce  proceedings.  1913D-1132; 
1914B-932. 

Reconciliation  of  parties  as  affecting  de- 
cree for  payment  of  support  money. 
1912A-937. 


SUPPORT  AND  MAINTENANCE— Con- 
tinued. 

Vendor  and  purchaser,  agreement  to  sup- 
port vendor  for  life  in  consideration 
for  conveyance  as  raising  implied  ven- 
dor's lien'     20-927;  1917C-288. 

Criminal  Liability  for  Nonsupport. 

Cruel  and  unusual  punishment  for  non- 
support  of  wife,  what  constitutes. 
1918B-399. 

False  imprisonment  on  charge  of  nonsup- 
port, excessiveness  of  verdict.  1916C- 
521. 

Infant's  criminal  liability  for  nonsupport 
of  wife.     1914D-590. 

Nonsupport  of  wife  having  separate  prop- 
erty or  income  as  ground  for  crim- 
inal prosecution.     1916A-857. 

Separation  agreement  as  bar  to  criminal 
prosecution  for  failure  to  support. 
1912r)-1096. 

Validity  of  statute,  making  it  crime  for 
husband  to  fail  to  support  wife. 
1912B-280. 

SUPPRESSION  OP  COMPETITION. 

See  Monopolies. 


SURETYSHIP. 

1.  In  General. 

2.  Wio  may  be  Surety. 

3.  Existence  and  Extent  of  liability. 

4.  Duration  of  Liability. 

5.  Rights  of  Surety  as  to  Creditor. 

6.  Rights  Inter  Se  of  Principal  and  Surety. 

7.  Release  and  Discharge  of  Sureties. 

8.  Contribution  Between  Sureties. 

1.    In  General. 

Appeal  and  error,  surety  named  in  judg- 
ment but  not  otherwise  party  to  suit 
as  necessary  or  proper  party  to  pro- 
ceedings for  review  of  judgment. 
1914D-1120. 

Building  contract,  priority  as  between  as- 
signee of  proceeds  and  surety  of  con- 
tractor.    1918D-640. 

Bonds  having  fewer  than  required  number 
of  sureties,  validity  and  effect.     9-707. 


SURETYSHIP. 


831 


SURETYSHIP— Continued. 

Civil  Damage  Act,  joinder  of  seller  and 
surety  on  bond  in  action  under  act. 
14-1057. 

Cosuretyship,  when  relation  exists.  1915A- 
1206.  ' 

Judgment  against  principal  as  evidence 
against  surety.     9-153;  1915D-400. 

Mechanic's  lien,  surety  as  necessary  or 
proper  party  to  foreclosure  action. 
1918B-23. 

Name  of  surety,  necessity  that  it  appear 
in  body  of  bail  bond.     1912A-695. 

Eeformation  of  instrument  in  equity  as 
against  surety.     21-271. 

"Security"  as  meaning  surety  or  guarantor. 
1914D-627. 

Written  matter  as  controlling  printed 
matter  in  construction  of  contract  of 
suretyship.     1913E-964. 


2.    Who  may  be  Surety. 

Attorney,  right  to  become  surety  for 
client.     18-837. 

"Freeholder,"  surety  under  liquor  license 
law  or  on  contractor's  bond  as  free- 
holder.    1913D-334. 

Husband  and  wife,  suretyship  of  wife 
under  mortgage  of  her  separate  prop- 
erty for  husband's  debt.  5-643; 
19120-108. 

Married  woman  as  surety  for  husband, 
right  to  become.  1917B-597,  617,  618, 
623,  625. 

Nonresidents  as  sureties  on  bonds  in  judi- 
cial proceedings,  sufficiency  in  absence 
of  regulating  statute.     1912C-511. 

Surety  companies,  constitutionality  of  stat- 
utes authorizing  surety  companies  to 
become  sureties  on  bonds  required  by 
law.     2-487. 


3.    Existence  and  Extent  of  Liability. 

Appeal  bond,  abandonment  or  dismissal  of 
appeal  as  affecting  liability  of  sure- 
ties.    1916C-1226.  , 

— ^liability  of  sureties  where  appeal  is  dis- 
missed because  of  insufficiency  of 
bond.     1915C-1210. 

— new  trial  is  ordered  unless  party  agrees 
to  reduction  in  amount  of  judgment, 


SUEETYSHIP— Continued. 

liability   of  sureties  on   appeal  bond. 
1914A-1300. 

Bills  and  notes,  indorsement  of  non-nego- 
tiable paper  as  rendering  indorser 
liable  as  surety.     1912B-708. 

— liability  of  surety  on  dishonor  as  de- 
pendent on  notice.     6-281. 

Conditional  signing,  liability  of  surety 
signing  bond  on  condition  that  an- 
other  surety  be  secured.     1918D-512. 

Duress  to  principal  as  affecting  right  of 
surety  to  avoid  contract.     1913D-1191. 

Executors  and  administrators,  liability  of 
surety  for  debt  of  principal  to  deced- 
ent.    2-355;   1916D-636. 

— property  coming  into  hands  of  personal 
representative  which  is  not  assets  of 
estate,  liability  of  surety  on  his  bond. 
19-560;  1915D-121. 

Failure  of  principal  to  sign  obligation  as 
affecting  liability  of  surety.  2-225; 
1912A-1014;   1916E-1130;   1917C-1073. 

Fiduciaries,  surety  of  fiduciary  as  acting 
in  "fiduciary  capacity"  within  mean- 
ing of  Bankruptcy  Act.     1915A-1299. 

Guardian's  bond,  running  of  statute  of 
limitations  in  favor  of  surety  against 
action  on  bond.     1916A-173. 

Interest,   liability    of   surety   for   interest 

when    effect  is   to   exceed   penalty   of       ^ 
bond.     1914C-1194. 

Limitation  of  action  against  principal  as 
affecting  right  to  maintain  action  on 
official  bond  against  surety.  1913E- 
1265. 

Obligation  of  person  incapable  of  contract- 
ing, liability  of  surety.     17-1184. 

Official  bonds,  acts  of  public  officer  wholly 
outside  official  duty,  liability  of  surety 
on  bond.  6-919;  19120-581;  19180- 
1020. 

— amount  of  liability  of  surety  on  official 
bond.     12-436. 

— assault  committed  by  sheriff  or  consta- 
ble, liability  of  sureties  on  bond. 
1916D-923. 

— estoppel  of  surety  on  bond  of  public 
officer  to  attack  validity  of  appoint- 
ment or  election  of  principal.     21-786. 

— liability  of  surety  on  official  bond  not 
affected  by  neglect  or  omission  of 
other  officer.     2-170. 


832    INDEX  TO  THE'  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


SUEETYSHIP — Continued. 

Partnership,  liability  of  retiring  partner 
as  surety  upon  dissolution  of  partner- 
ship.    1-725;  11-1028. 

Past  defaults,  liability  of  sureties  on  ad- 
ditional and  substituted  bonds  of 
guardians.     4-345. 

Public  administrator  liability  of  sureties 
on    bond.     1918B-1072. 

Eelease  of  cosurety  as  affecting  surety's 
liability.     1917B-1183. 

Summary  judgment,  appeal  bond,  entry  of 
summary  judgment  against  surety  on 
bond  in  nature  of  appeal  bond. 
1918C-1151,   1188. 

— ^injunction  bond,  entry  of  summary  judg- 
ment against  surety.     1918C-97. 

Surety  company  and  individual  surety,  dis- 
tinction as  to  liability.  1912B-1087; 
1916B-240;   1916E-113"a;  1917IM088. 


4.    Duration  of  Liability. 

Bail  bond,  liability  as  ending  with  convic- 
tion of  principal  or  continuing  until 
execution  of  judgment.  3-930;  13- 
569. 

Default  after  expiration  of  term  of  officer, 
liability  of  surety.     1-383;  1912D-293. 

Official  bonds,  appointment  of  officer  for 
definite  term  where  law  fixes  no  def- 
inite term,  duration  of  liability  of 
sureties  on  bond.     5-949, 

— extension  of  term  of  office  after  bond 
is  executed,  duration  of  liability  of 
surety.     13-1066. 

Termination  of  suretyship  before  breach, 
of  contract,  right  of  surety  by  notice 
to  obligee.     11-272. 


5.    Bights  of  Surety  as  to  Creditor. 

Application  of  payment  by  principal,  right 
of  surety  to  direct.  1915B-1275; 
1917C-587. 

Execution  sale,  right  of  surety  to  enjoin. 
1918C-266. 

Mechanic's  lien,  right  of  surety  on  con- 
tractor's indemnity  bond  to  assert 
lien.     21-995. 

Securities  given  surety,  right  of  creditor 
to  be  subrogated  to.     6-395. 


SUBETYSHIP — Continued. 

6.    Eigits    Inter    Se    of    Principal    ajid 
Surety. 

Consideration  for  contract  of  suretyship, 
extension  of  time  for  payment  of  debt 
as  sufficient.     1918C-576. 

Frauds,  statute  of,  applicability  to  promise 
to  indemnify  surety  on  notes,  bonds 
and    similar   instruments.     6-674. 

Indemnity  contract  from  principals  to 
sureties  on  bail  bond,  validity.  16- 
1036. 

Limitation  of  action  as  to  surety,  part 
payment  by  principal  with  consent  of 
surety  as  suspending  statute.  1916I>- 
327. 

Mortgage  debt,  surety  paying  as  entitled 
to  assignment  of  mortgage.  1914B- 
565. 

Payment  of  debt  by  principal,  right  of 
surety  to  maintain  action  in  equity  to 
compel  without  prior  payment  on  his 
part.     1912C-369. 

Relation  of  creditor  and  debtor  as  exist- 
ing between  surety  and  principal 
before  payment  of   debt.     1912B-624. 

Setoff,  right  of  sureties  on  promissory 
notes.     2-601. 

Subrogation,  depositary  of  public  funds, 
subrogation  of  surety  to  rights  against 
depositary.     1916B-i266. 

— payment  of  whole  debt  by  surety  as 
essential  to  right  of  subrogation  to 
creditor's  securities.  6-204;  1917C— 
1183. 

— remedies,  subrogation  of  sureties  to  rem- 
edies against  creditor  as  including 
remedies  against  third  persons.  13- 
429. 

— right  of  surety  to  subrogation  on  pay- 
ment of  debt  due  creditor  as  affected 
by  fact  of  becoming  surety  for  con- 
sideration.    1913A-565;  1918E-660. 

7.    Belease  and  Discharge  of  Sureties. 

Alteration  of  terms,  leases,  alteration  of 
terms  of  lease  as  discharge  of  sureties 
of  lessee.     6-359. 

— working  contract,  discharge  of  surety  on 
contractor's  bond  by  alteration  in 
work  to  be  done  under  contract.  16- 
347. 

Appeal  bond,  affirmance  of  appeal  by  con- 
sent of  litigants  as  releasing  surety 
on  bond.     1914A-1149. 


SURFACE. 


833 


SURETYSHIP— Continued. 

Bail  bonds,  sickness  or  death  of  principal 
as  exoneration  of  sureties.  1915B- 
434. 

— subsequent  arrest  of  principal  as  exon- 
eration of  liability  of  sureties.  1912C- 
746. 

Bankruptcy,  effect  of  discharge  in  bank- 
ruptcy upon  liability  of  surety  on 
bond.     3-65. 

— principal's  discharge  in  bankruptcy  as 
discharge  of  surety  on  his  bond.  11- 
953;    1912B-781. 

Bills  and  notes,  discharge  of  surety  on 
depositor's  note  by  failure  of  bank  to 
^PPly  general  deposit.     7-1007. 

Composition  by  principal  with  creditors 
as  releasing  surety.     1914A-841. 

Creditor's  acceptance  of  bill  or  note  from 
debtor  as  discharging  surety.  4-884; 
1916A-1193. 

Diversion  of  note  or  proceeds  as  discharg- 
ing surety  thereon.     1916D-733. 

Estoppel  of  creditbr  to  proceed  against 
surety  by  informing  him  that  debt  is 
paid  or  settled.     1914B-57. 

Extension  of  time  in  consideration  of  pay- 
ment of  interest  as  discharge  of 
surety.     5^42. 

— express  reservation  of  rights  against 
surety  on  extension  of  time  to  princi- 
pal as  discharging  surety.  1914B- 
1080. 

— mortgage  debt,  extension  of  time  to 
grantee  assuming  payment  as  releas- 
ing personal  liability  of  mortgagor. 
9-259. 

— promissory  note,  effect  of  extension  of 
time  of  payment  on  rights  of  surety 
on  promissory  note.     1918B-168. 

Pailure  of  creditor  to  perform  promise 
made  in  consideration  of  receipt  of 
security  from  debtor  for  pre-existing 
debt  as  bar  to  action  against  surety. 
1912A-415. 

Fidelity  insurance,  surety  on  bond  as  dis- 
charged by  failure  of  employer  to 
notify  surety  of  delinquency  of  em- 
ployee.    11-1031;  1912D-1286. 

Negligence,  creditor's  negligence  in  en- 
forcing collateral  security  as  discharg- 
ing surety.     1912D-115;  "l915C-371. 

— failure  of  creditor  to  file  claim  against 
principal's  estate  as  releasing  surety. 
1912D-S11. 

Index  to  Kotes — 53 


SXJEETYSHIP— Continued. 

—insurance,  failure  of  owner  to  insure 
property  in  accordance  with  contract 
as  discharging  surety  on  building  con- 
tractor's bond.     1914C-336. 

-surety  on  bond  to  indemnify  bail  as 
released  by  negligence  of  bail.  1913E- 
455. 

Notice  to  creditor  to  sue  principal,  suffi- 
ciency as  to  form  in  order  to  dis- 
charge surety.     21-1367;  1916C-632. 

Payment  or  satisfaction  by  principal  which 
proves  unavailing  as  discharge  of 
surety.     13-921;    1912B-485. 

— premature  payment  to  principal  as  re- 
lease of  surety  on  contractor's  bond. 
2-766;    8-245;    1915C-674. 

Eelease  of  surety  as  affecting  liability  of 
principal.     3-468. 

"Require,"  in  statute  relating  to  release 
of  sureties,  legal  meaning.  1912A- 
1237. 

Securities,  discharge  of  surety  as  discharge 
of  security  given  by  him.     12-550. 

— release  of  securities,  extent  of  discharge 
of  surety  thereby.     3-433. 

Statutory  release  of  surety  of  public  officer 
from  liability,  validity  of  statute. 
1912A-73. 

Substitution  of  new  bond  as  release  of 
surety.     19-418. 

Waiver  of  previous  cause  for  discharge  by 
affirmative  act  of  surety.     1915C-681. 


8.     Contribution  Between  Sureties. 

Liability  of  person  becoming  surety  at  re- 
quest of  cosurety  for  contribution  to 
latter.     16-856. 

Measure  of  contribution  between  sureties 
who  are  bound  in  different  amounts. 
18-853. 

Running  of  statute  of  limitations  against 
contribution  between  sureties.  15- 
103O;  1918E-518. 

Stockholders  as  sureties  for  corporation, 
contribution  between.     1916B-361. 


SURFACE. 

Meaning  of  word  in  conveyance  or  devise 
of  land.     1913D-127. 


834    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


SURFACE — Continued. 

Mine  owner's  rights  after  severance  of  sur- 
face and  mineral  estates.  1913B-1106; 
1918B-550. 

Belease  of  surface  support  for  mining 
operations  as  binding  on  appropriators 
under  eminent  domain.     2-967. 


SURFACE  WATERS. 

Diversion  of  surface  water  on  to  land  of 
another,  liability  of  railroad.  1914A- 
1292. 

Drainage  of  natural  ponds  formed  by  sur- 
face water,  right  of  upper  proprietor. 
2-197;  3-847;   11-1143;   1915C-971. 

Flood  waters,  right  to  appropriate  as 
against  riparian  proprietor.  1914A- 
82. 

Municipality's  right  to  drain  surface  water 
from  highways  upon  adjacent  land. 
6-990;    1912B-915. 

Overflow  from  watercourse  as  surface 
water.    3-208. 


SURGEONS. 

See  Physicians  aud  Surgeons. 

SURGICAL  OPERATIONS. 

Consent  as  affecting  right  to  perform. 
5-306;  1916C-1105. 

Foreign  substance  left  :by  surgeon  in 
wound  or  opening,  liability.  19-190; 
1913E-1010. 

Workmen's  compensation,  refusal  to  sub- 
mit to  surgical  operation  as  affecting 
right  to  compensation.     1915D-482. 


SURNAMES. 

Mistake  in  surname  of  defendant  in  publi- 
cation notice  as  affecting  jurisdiction 
of   court.     1913B-1248. 


SURRENDER  OF 
PREMISES. 

Denial  of  landlord's  title,  necessity  that 
tenant  surrender  possession  before  as- 
serting title  adverse  to  landlord. 
1917D-548. 


SUEEENDER  OF  PREMISES— Continued. 

Entry  by  landlord  for- purpose  of  repair- 
ing premises  as  acceptance  of  sur- 
render by  tenant.     1912D-974. 

Liability  for  rent  of  person  to  whom  lessee 
surrenders  premises  without  formal  as- 
signment of  lease.     1914B-466. 

Sublessee  as  affected  by  lessee's  surrender 
of  premises  to  lessor.     10—424. 


SURROGATES. 


Necessary      expenses, 
1918D-99.S. 


what      constitute. 


SURVEYORS. 

Declarations  of  deceased  surveyor  as  to 
boundaries,   admissibility.     15-874. 

Error  in  fixing  boundaries,  liability  of  sur- 
veyor.    1913C-524. 

SURVEYS. 

Ancient  survey,  admissibility  in  evidence 
as  dependent  on  public  or  private 
character.     1916C-179. 

Apportionment  of  excess  or  deficiency 
found  to  exist  in  tract  of  land  sub- 
divided into  several  tracts.  1912A- 
1273. 

Field-book  entries  of  deceased  surveyor, 
admissibility  in  evidence.     1917E-675. 

"Half,"  legal  meaning  of  word.  1913E- 
1013. 

Judicial  notice  by  courts  of  public  sur- 
veys.    12-931. 


SURVIVAL. 

See  Actions. 

Eeinstatement  in  benevolent  or  beneficial 
associations,  survival  of  right.  6-698; 
17-1175. 


SURVIVING  PARTNER. 

Action  by  or  against  surviving  partner, 
competency  of  opposing  party  to  tes- 
tify to  transaction  with  deceased  part- 
ner.    1916B-568. 

Assignment  of  lienable  claim  to  surviving 
partner,  right  to  mechanic's  lien.  21- 
963. 


SURVrVOR^SWITCH  CONNECTIONS. 


835 


SURVIVING  PARTNER— Continued. 

Compensation  for  extraordinary  services, 
right  of  surviving  partner.     5-664. 

Executor  de  son  tort,  when  surviving 
partner  chargeable  as.     1917E-22. 

Interest  on  share  of  deceased  partner,  lia- 
bility  of   survivor.     4-180. 

Purchase  of  deceased  partner's  interest, 
right  of  surviving  partner.  1917C- 
946. 

Sale  or  mortgage  of  firm  assets,  power  of 
surviving  partner.     4-472. 


SURVIVOR. 

'survivor" 


Construction      of      word 
"other."    4-581. 


SURVIVORSHIP. 

Coroner's  verdict  as  admissible  in  evidence 
on  issue  of  survivorship.     1917B-899. 

Presumption  of  survivorship  in  common 
disaster.     14-716;  1913A-871. 

Validity  of  provision  in  will  relating  to 
survivorship  in  common  disaster. 
1918D-842. 

Words  of  survivorship  as  affecting  time  at 
which  devise  or  bequest  of  remainder 
after  life  estate  takes  effect.     14-706. 


SUSPENSION. 

Attorneys,  misconduct  of  attorney  in 
official  or  fiduciary  capacity  as  ground 
for  suspension.     1917B-232. 

Civil  action  predicated  on  commission  of 
felony,  merger  or  suspension.     1916C- 

847. 

Mutual  insurance  contract,  suspension  for 
failure  to  pay  dues,  effect  of  provision 
for.     11-342. 

Preliminary  injunction,  suspension  before 
trial.     1916E-205. 

Public  officers,  neglect  of  duty  as  ground 
for  suspension.     1918B-442. 

— ^power  of  public  officer  to  remove  subor- 
dinate from  office  as  including  power 
to  suspend  pending  investigation  of 
charges.     16-946. 

Schools,  power  to  suspend  pupil.  15-404; 
1918A-400. 


SUSPENSION— Continued. 

United  States,  rights  with  respect  to  sus- 
pension of  contract  with  government. 
1918E-12. 


SUSPENSION  OF  ALLOW- 
ANCE. 

Workmen's    compensation,    suspension    of 
allowance.     1916E-897;  1918B-733. 


SUSPENSION  OF 
SENTENCE. 

Insanity  of  defendant,  suspension  T>f  sen- 
tence in  criminal  case  pending  restora- 
tion.    1913C-328. 

Power  of  court  to  suspend  sentence.  8— 
386;   14-722;   1912B-1192. 


SWAMP-LANDS. 

County's  power  to  sell  real  estate  as  af- 
fected by  Swamp-land  Act.  1913E- 
630. 


SWAMPS. 

Drainage  on  to  neighboring  lands.     2-198. 

SWEARING. 

See  Oaths;   Profanity. 

Distinction     between    perjury    and    false 
swearing.     8-881. 


SWEATING. 


Confession    obtained   by  process   as   inad- 
missible in  evidence.    1915C-135. 


SWINGING  DOORS. 

Liability    of    proprietor    for    injuries    re- 
ceived in  swinging  door.     16-117. 


SWITCH  CONNECTIONS. 

Deprivation  by  change  of  street  or  rail- 
road grade  as  entitling  to  damages. 
1914C-273. 


836    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


SWITCHES. 

Duty  of  railroad  to  block  switches.  9- 
498;  14-696;   1916E-642. 

Flying-switch,  making  as  negligence.  10- 
15;  1912D-342;  1915B-608. 

Setting  switch,  duty  of  master  as  dele- 
gable.    14-382;    1912B-385. 

Street  railway,  improper  construction  of 
switch  as  imposing  liability  for  in- 
juries caused.     1913D-534. 


SWITCHING  CARS. 

Federal  Employers'  Liability  Act  as  pro- 
tecting employee  engaged  in  switching 
cars.     1918B-'58. 


SWITCHING  CHARGES. 

Regulation   by   state    or   railroad    commis- 
sion.    19i4B-366. 


SYMBOLICAL  DELIVERY. 

Symbolical     delivery     within    statute     of 
frauds.     1917B-566. 


SYMPATHY. 

Juror,  challenge  for  cause,  sympathy  for 
laboring  men  generally  as  su£B.cient 
ground.     1913A-1279. 

— disqualification,  sympathy  for  plaintiff 
in  action  for  personal  injuries  as  suffi- 
cient bias.     1912B-1183. 


TABLES. 

Experimental  results  tabulated,  admissi- 
bility of  table  in  evidence.  1912C- 
189. 


TAILORS. 

Club  for  distribution  of  clothes  as  lottery. 
5-837;    16-846. 

Tailor  as  engaged  in  "trade."    1916A-1201. 


TARDINESS. 

Discharge  of  servant,  tardiness  as  ground. 
-1916A-1024. 


TARGET  PRACTICE. 

Eights  and  liabilities  of  militia  with   re- 
spect to  target  practice.     1914A-867. 


TAVERN. 

Hotel  and  inn  synonymous  with  tavern. 
1914B-874. 

Term  synonymous  with  hotel  and  inn 
within  meaning  of  liquor  statutes. 
1913B-1033. 


TAXATION. 

1.  In  General. 

2.  Definitions. 

3.  Validity  of  Statutes. 

4.  Jurisdiction  to  Tax. 

5.  Subjects  of  Taxation.     ' 

6.  Place  of  Taxation. 

7.  Assessment. 

8.  Valuation. 

9.  Payment  and  Collection. 

10.  Actions  Agaiust  Levy  a^d  Collection. 

11.  lien. 

12.  Exemptions. 

13.  Franchise  or  Excise  Tax. 

14.  Refund  and  Recovery  Back. 

15.  Tax  Sales. 

A.  Generally. 

B.  Who  may  Pubchasb. 

C.  Tax  Deeds. 

16.  Income  Taxes. 

17.  Inheritance  Taxes. 

See  Licenses;  Special  Assessments. 

1.    In  General. 

Constitutional  provisions  self-executing  as 
to  taxation.  7-632;  18-201;  19140 
1119;   1918r)-108O. 


TAXATION. 


837 


TAXATION— Continuecl. 

Covenant  against  incumlirancea  as 
breached  by  outstanding  tax.     1913B- 

248. 

Crime  for  which  witness  may  be  im- 
peached, offense  against  tax  law  as 
constituting.     1916A-277. 

Equity  jurisdiction  of  election  contest  re- 
lating to  taxation.     1912C-693. 

Landlord  and  tenant,  covenant  in  lease  to 
pay  taxes  as  including  special  or  local 
assessment.     12-589. 

— ^improvements  by  tenant  on  leased  land, 
liability  for  payment  in  absence  of 
agreement  between  lessor  and  lessee. 
1912A-275. 

Maxim  de  minimis  non  curat  lex,  applica- 
tion to  tax  proceedings.     19-964. 

Occupation  of  land  under  tax  laws,  actual 
residence  as  requisite.     20-833. 

Omitted  property,  power  of  county  to  con- 
tract for  search.     4-140;  11-487. 

Private  purpose,  appropriation  of  public 
money  for.     1-935. 

Statutes  relating  to  taxes,  effect  of  partial 
invalidity.     1916D-87, 

2.    Definitions. 

"Carrying  on  business,"  meaning  of  term 
under  statute  imposing  tax  on  resi- 
dents.    18-35. 

"Direct  tax,"  what  is  within  meaning  of 
federal    constitution.     1912B-1328. 

"Machinery,"  meaning  of  term  in  tax 
statute.     1918E-208. 

"Near,"  meaning  of  word  as  used  in  tax 
statute.     1913D-123. 

"Person"  as  including  private  corporation 
in  statute  relating  to  taxation.  20- 
741,  744;  1914A-1309. 

"Profits,"  legal  meaning  of  word  in  reve- 
nue law.     20-687. 

"Property  tax"  and  "excise  tax,"  distinc- 
tion between.     1914B-643. 

"Eequire,"  legal  meaning  in  statute  relat- 
ing to  levy  of  taxes.     1912A-1237. 

"Residence"  as  synonymous  with  "domi- 
cile" in  tax  statute.     1915C-791,  796. 

— what  constitutes  residence  in  jurisdic- 
tion within  personal  property  tax 
Statute.     1917B-726,   780. 


TAXATION— Continued. 

"Similar  property,"  meaning  of  term  in 
statute  relating  to  taxation.  18- 
794. 


3.    Validity  of  Statutes. 

Bank  guaranty  fund,  validity  of  statute 
levying  tax  on  banks  for  purpose. 
1912A^90. 

Classification  of  municipalities  according 
to  population  for  taxing  purposes, 
validity  of  statute.     15-860, 

Delegation  of  taxing  power  to  school  dis- 
trict,  power    of   legislature.     8-535. 

Delinquent  taxpayer,  restriction  on  exer- 
cise of  rights,  validity  of  statute 
imposing.     1916D-1099. 

Distribution  of  tax  proceeds,  inequality 
of  method  as  affecting  validity  of 
tax.     1914B-1138. 

Fire  insurance  companies,  taxation  for 
fire  protection  purposes,  validity  of 
statute  or  ordinance  imposing  tax. 
17-261. 

Income  tax,  validity  of  statute  levying. 
21-197;  1913A-1180. 

Inheritance  tax,  constitutionality.  1-30; 
12-953;  1913D-757. 

— conveyance  in  contemplation  of  or  to 
take  effect  at  death,  validity  of  pro- 
vision in  statute  levying  tax  thereon. 
1914D-1183. 

Intoxicating  liquors,  validity  of  statute 
making  property  leased  for  sale  of 
liquors  subject  to  taxes  assessed 
against  lessee.     18-177. 

Judgments,  validity  of  statute  imposing 
tax   on  judgments.     1912C-1176. 

Municipal  ordinance  levying  tax,  validity. 
21-199. 

Poll     tax,     constitutionality     of.     12-317; 

1917E-1208. 
— requiring    citizen    to    work    on    highway 

as  imposing  road  or  poll  tax.     1912A- 

739. 

Probate  or  administration  fees,  validity 
of  statute  fixing.     1916C-213. 

Special  assessments,  attorneys'  fees,  va- 
lidity of  statute  providing  for  re- 
covery in  action  for  collection  of  as- 
sessment. 11-811;  1912A-692. 
-constitutionality  of  special  assessment 
in   excess  of   benefit.     3-11. 


838    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


TAXATION — Continued. 

— personal  liability  of  abutting  owner, 
constitutionality  of  statute  imposing. 
17-1255. 

Uniformity,  classification  of  subjects  as 
affected  by  constitutional  requirement 
of  uniformity.     1-638. 


4.    Jurisdiction  to  Tax. 

Acquisition  of  jurisdiction  of  certain  lo- 
cality for  tax  purposes  by  munici- 
pality by  lapse  of  time.     1913A-1342. 

School  tax  as  affected  by  extension  of 
boundaries  of  school  district.  1915B- 
1152. 


5.    Subjects   of   Ta2:atlon. 

Billiard  and  pool  tables  as  subject  to 
taxation  notwithstanding  license  tax. 
1913D-1054. 

Bonds  of  state  or  municipality,  liability 
to  taxation  by  state.  8-26;  12-350; 
1914B-1163. 

Corporations,  tangible  personalty  located 
and  used  without  jurisdiction,  right 
of  state  in  which  corporation  is  domi- 
ciled to  tax.     4-498. 

Debts  owing  by  solvent  debtors,  taxation 
as  personalty.     2-754. 

— evidences  of  debt  belonging  to  non- 
resident, right  of  state  to  tax.  11- 
739. 

Dogs,  validity  of  ordinance  imposing  tax 
on  privilege  of  keeping  dog.  1912D- 
879. 

Double  taxation,  taxing  shares  of  stock 
and  capital  stock  or  property  of  cor- 
poration as  constituting.  7-1195;  13- 
636. 

Farming  land  within  municipal  limits, 
taxation  of.     1912A-342. 

Federal  bonds  and  obligations  as  subject 
to   state   taxation.     4-936. 

Foreign  corporations,  liability  to  taxa- 
tion within  state  of  shares  of  stock. 
1916C-829. 

Goods  in  transit,  nonresidents'  tangible 
personalty  temporarily  within  state, 
when  taxable  as  not  being  in  transit. 
10-65. 

-  state  taxation  of  property  delayed 
during  transit  between  stages  as  taxa- 
tion  of   interstate  commerce.     5-1019. 


TAXATION— Continued. 

Government  reservation,  right  of  state  or 
territory  to  tax  personalty  on  reserva'- 
tion,     14-964. 

Marine  insurance  policy  on  exports,  tax 
on  policy  as  tax  on  articles  exported. 
1915D-1090. 

Membership  in  board  of  trade  or  stock 
exchange  as  taxable  property. 
1915C-542. 

Mercantile  agencies,  taxation  of.  1916D- 
749. 

Minerals,  interest  in  minerals  as  taxable 
separately  from  land.     15-513. 

Municipal  securities  in  hands  of  holder, 
right  of  municipality  to  tax.  19- 
411. 

National  banks,  married  woman's  liability 
to  assessment  on  shares  of  stock 
owned   by  her.     5-743. 

— deposits  in  national  bank,  state  taxa- 
tion.    1912D-37. 

Orders  for  foreign  goods  or  services,  state 
taxation  of  business  of  taking  orders 
as  attempted  regulation  of  interstate 
commerce.  2-701;  14-865;  1916B- 
496. 

Public  property,  foreign  state  or  munici- 
pality, taxation  of  property.  1912D- 
804. 

— municipal  property  outside  corporate 
limits  as  subject  to  taxation,  191 8E- 
88. 

—state  lands  under  contract  of  purchase 
as   subject  to  taxation.     1917C-129. 

— United  States  property  granted  or  sold 
by  government,  but  to  which  gov- 
ernment still  holds  legal  title,  lia- 
bility to  state   taxation.     11-391. 

Public  service  plant  operated  by  mu- 
nicipality as  subject  to  taxation. 
1918E-85. 

Sales  of  foreign  products,  power  of  state 
to  discriminate  against  by  taxing. 
5-880. 

State  instrumentalities  of  government, 
federal  taxation.     4-747. 

Stock  transfers,  taxation  of.  6-523;  9- 
738;   10-107. 

Trademark  as  subject  of  taxation.  18- 
1159. 

Trading  stamps,  validity  of  taxes  upon 
use.     2-302. 


TAXATION. 


839 


TAXATION— Continued. 

6.    Place  of  Taxation. 

Animals,   situs  for  tax   purposes.     8-677. 

Corporations,  place  of  taxation  of  tangi- 
ble personalty  of  corporation  as  de- 
pendent upon  location  of  principal 
office.     19-958. 

Debts  owing  by  solvent  debtors,  siturf  for 
taxation.     2-756. 

Decedent's  personal  property,  situs  Jfor 
tax  purposes.     1-438;  20-729. 

Double  taxation,  property  taxed  in  two 
states  as  constituting.     15-895. 

Franchise  of  corporation,  place  of  taxa- 
tion.    7-518. 

Infant's  personal  property,  situs  for  taxa- 
tion.    7-680. 

Lunatic's  personal  property,  situs  for 
taxation.     7-680. 

Partnership    property,    place    of    taxation. 

1912B-758. 
— interest   of   deceased   partner,   situs   for 

taxing   purposes.     9-692. 

Eealty  situate  in  more  than  one  taxing 
district,  place  of  taxation.     18-713. 

Eolling  stock  of  railroad  company,  situs 
for  taxation.     10-355. 

State  and  municipal  bonds,  situs  for  tax 
purposes.     8-27. 

Trust  property,  personal  property  held  in 
trust,  situs  for  purpose  of  taxation. 
2-850;  1917D-948. 

Vessels,  situs  for  purpose  of  taxation. 
3-1103;  6-211;  7-446;  20-966;  1914D- 
289. 

7.    Assessment. 

Appeal  to  courts  from  amount  of  assess- 
ment, validity  of  statute  conferring 
right.     14-165. 

Board  of  assessors,  validity  of  assess- 
ment made  by  less  than  whole  board. 
16-422. 

Direct  assessment  by  legislature,  validity. 
11-720. 

Dollar-mark  or  other  designation  indi- 
cating money,  effect  of  omission. 
1915C-338. 

Erroneous  assessment  as  imposing  civil 
liability  on  assessing  officer.  4-942; 
13-678. 


TAXATION— Continued. 

Estoppel  of  taxpayer  returning  property 
for  •  taxation  to  dispute  assessment 
based  on  return.  7-866;  17-1031; 
1916C-230. 

— validity  of  tax,  estoppel  of  taxpayer 
to  question.     1916C-225. 

Injunction  as  remedy  for  assessment  of 
property  disproportionately  with  other 
property.     1914D-916;  1917E-97. 

Joint  ownership  of  property,  proper  mode 
of    assessment    of    tax.     1914A-568. 

Mandamus  to  review  decision  of  tax  offi- 
cial or  board  as  to  assessments. 
1912B-786. 

Misnomer  of  land  owner  as  affecting  va- 
lidity of  assessment.     1918D-569. 

Names  in  tax  assessment,  substitution  of 
phrase  "et  al."     14-572. 

Omitted  property,  right  of  taxpayer  to 
notice  and  opportunity  to  be  heard 
on  assessment  for  taxation.     12-468. 

"Require,"  legal  meaning  in  statute  relat- 
ing to  levy  of  taxes.     1912A-1237. 

"Verification  of  assessment-roll  by  as- 
sessors, necessity  of.     11-1118. 

8.    Valuation. 

Leases,  tax  value  of  lease.     1912C-944. 

Mortgaged  land,  validity  of  tax  for  full 
value  without  deduction  of  mortgage 
debt.     15-188. 

Percentage  basis  for  valuation,  validity 
of  statute  providing  for  assessment 
at  fixed  per  cent  of  value  of  property. 
1915D-446. 

Railroads,  valuation  of  property  for  pur- 
pose of  taxation.  1916E-1180,  1196, 
1198,   1201;    1917E-110. 

Remedy  of  owner  of  particular  class  of 
property  assessed  at  greater  per  cent 
of  value  than  other  property.  1914D- 
916. 

Uniformity,  valuation  of  other  property 
at  lower  proportion  of  actual  value 
as  invalid.     1912B-872;  1917E-97. 

9.    Payment  and  Collection. 

Attempt  to  pay  taxes  frustrated  by 
officer,   effect.     17-820;    1914D-1056. 

Bankruptcy,     duty    of    trustee    in    banl 
ruptcy  to  pay  taxes  owing  by  bank- 
rupt.    3-238. 


840    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918B. 


TAXATION — Continued. 

Compromise  of  tax,  right  of  public  au- 
thorities.    1912A-754. 

Discretionary  enforcement  of  mode  of 
collection  as  delegation  of  legislative 
power.     3-350. 

Equitable  remedy  for  collection  of  taxes 
in  case  of  inadequacy  of  statutory 
remedy.     7-22. 

Executory  contract  for  sale  of  land,  lia- 
bility of  parties  for  taxes.     18-450. 

Interest  on  taxes,  collection.     16-471. 

Land  conveyed  on  condition  of  payment 
of  ground  rent,  liability  for  taxes. 
1914B-845. 

Nonresident's  personal  liability  for  taxes 
on  property  within  jurisdiction. 
1913D-342. 

Omitted  property,  decedent's  property 
which  escaped  taxation  in  his  life- 
time, liability  of  estate  for  taxes. 
18-350;   1913C-1373. 

Penalties,  liability  of  one  refusing  to  pay 
tax  and  contesting  its  validity  for 
interest  and  penalties  on  tax  being 
held  valid  in  whole  or  in  part.  5- 
649. 

Presumption  of  payment  of  taxes  from 
lapse  of  time.     4-430;  1915D-186. 

Receiver's  certificates,  issuance  to  pay 
taxes.     1913C-47. 

Services  in  payment,  validity  of  con- 
tract between  municipality  and  cor- 
poration by  which  latter  is  to  render 
services  equal  to  amount  of  taxes. 
1914A-1263. 

Setoff  or  counterclaim,  tax  as  subject  to. 
1914C-339. 

Statutory  remedy  for  collection  of  taxes 
as  exclusive  of  other  remedies.  7-18; 
13-729;    1915D-741. 

Tax  collector,  duty  to  account  for  money 

received  by  him  oflBcially  but  without 

authority.     11-330. 
— ^judgment  against  principal   as   evidence 

against  surety  on  tax  collector's  bond. 

1915D-410. 

Trust  property,  personalty  taxes  as  pay- 
able out  of  income  or  capital. 
1918E-989. 

— realty  taxes  as  payable  out  of  income 
or    capital.     1918E-947,    982. 


TAXATION— Continued. 

10.    Actions  Against  Levy  and  Collection. 

Injunction  against  collection,  erroneous 
or  invalid  levy  or  assessment  as 
ground.     3-564;    12-764;    1915C-755. 

—individual's   right   to    enjoin    assessment 
of  illegal  tax.     3-1014. 

Prohibition  as  remedy  against  levy  and 
collection.     20-964. 


11.    Lien. 

Lien  of  one   tax  as  affected  by  sale  for 
another  tax.     1913A-675. 

Municipal    tax    lien,    validity    of    statute 
providing  for  sale.     1913C-964. 

Priority    as    between    tax    and    purchase- 
money    mortgage.     1916C-95o. 
—validity     and     construction     of     statute 
giving  priority   to   tax  liens.     1913B- 
520;   I917A-1679. 

Subrogation  to  tax  lien  of  person  paying 
tax.     17-1134;   1912B^751. 


12.    Exemptions. 

Cemetery  or  lot  therein,  exemption  from 
taxation.     1912A-1053. 

Corporations,  bonus  or  tax  provision  in 
franchise  or  charter  as  constituting 
exemption.     4-388. 

— capital  stock  of  corporation,  what  is 
included  in  exemption   thereof.     4-37. 

— "carrying  on  business,"  meaning  of 
term  as  used  in  statute  exempting 
corporations   from   taxation.     18-33. 

— repeal  of  exemption  from  taxation  in 
corporate  charter,  right  of  legisla- 
ture.    13-681. 

Educational  institutions,  exemption  from 
taxation.     1-839. 

— buildings  within  exemption  of  educa- 
tional  institutions.     10-671. 

Elks'  lodge  as  charitable  institution  en- 
titled to  exemption.  1914C-958; 
1916E-786. 

"Equipment"  of  hospitals  and  other  char- 
itable institutions,  meaning  of  term 
in    exemption   statute.     1913B-201. 

Exemption  from  taxation  as  including 
exemption  from  assessment  for  local 
improvement.  15-349;  1913D-1114; 
1915A-219. 


TAXATION. 


841 


TAXATION— Continued. 

Farming  land  within  municipal  limits,  ex- 
emption from  taxation.     1912A-347. 

Fraternal  benefit  society,  exemption  of 
charitable  or  benevolent  institutions 
as  applicable  to  fraternal  benefit 
society.     7-39. 

Hospital  as  charity  within  exemption  of 
charitable    institutions.     1917B-278. 

"Manufacturing  establishment,"  what  is 
within  exemption  thereof  from  taxa- 
tion.    1915B-223. 

— electric  light  or  power  company  as 
manufacturer  exempt  from  taxation. 
7-726;  1913C-718. 

— gas  company  as  manufacturer  exempt 
from  taxation.     10-668. 

Masonic  lodge  or  body  as  charitable  in- 
stitution exempt  from  taxation. 
1912A-1187;    1918E-1043. 

Money  loaned  on  mortgage  security,  va- 
lidity of  exemption  from  taxation. 
1916E-757. 

Municipal  corporations,  power  to  grant 
exemption  from  taxation.  7-1013  j 
20-286;  1918E-1088. 

Parsonage  or  residence  of  minister,  priest, 
etc.,  exemption  from  taxation.  11- 
1102. 

Quasi-public  use  as  entitling  leased  real 
estate  to  exemption.     2-810. 

Eailroads,  property  included  in  general 
exemption  from   taxation.     4-1203. 

Eeligious  institutions,  what  is  included 
in  exemption  from  taxation.  1912A— 
354;    1918B-532. 

Eetrospective  operation  of  exemption 
from   taxation.     6-438. 

Social  club  as  exempt  from  taxation. 
1918E-277. 

State  and  municipal  bonds,  exemption 
from   taxation.     8-27. 

13.    Franchise  or  Excise  Tax. 

Common  carrier  franchise,  propriety  of 
using  mileage  basis  in  assessing  value. 
1914B-199. 

Corporate  franchise,  taxation  as  realty 
or  personalty.     19-167. 

Distinction  between  property  tax  and 
excise  tax.     1914B-643. 

Federal  franchise,  right  of  state  to  tax. 
17-722. 


TAXATION— Continued. 

Ferries,  state  taxation  of  ferry  as  regu- 
lation of  interstate  commerce. 
1914B-684. 

Place  of  taxation  of  corporate  franchise. 
7-518.  • 

Telegraph  company,  statute  or  ordinance 
imposing  tax  as  interference  with 
interstate   commerce.     1914A-987. 

—use  of  streets  by  telegraph  and  tele- 
phone companies,  validity  of  ordi- 
nance imposing  tax  as  depending  on 
amount  of  tax.     16-343. 


14.    Eefund  and  Recovery  Back. 

Illegal  tax  paid  "under  protest,"  recov- 
ery.    8-669;    10-1050;    1915A-495. 

Internal  revenue  tax,  refund  by  or  re- 
covery from  United  States.  1916A- 
291. 

Payment  to  avoid  imposition  of  penalty 
(including  forfeiture  of  right  to  do 
business)  as  involuntary.  1913C- 
1052. 

Protest  against  payment,  necessity  that 
should    specify   grounds.     1913D-568. 


15.    Tax  Sales. 

A.     Generally. 

Certificate  of  sale,  validity  as  dependent 

on   time   of  issuance.     1913B-587. 

Combination  between  bidders  at  tax  sale 
validity.     1913D-962.  ' 

Dower,  tax  sale  of  land  as  defeating 
inchoate   right.     19-977;    1914C-115. 

Easements,  tax  sale  as  extinguishing 
private  easement.     1916C-638. 

Limitation  of  actions,  effect  of  statute 
to  protect  purchaser  at  void  tax  sale. 
9-873. 

Misnomer  of  land  owner,  effect  on  pro- 
ceedings.    1918D-573. 

Quieting  title,  reimbursement  of  pur- 
chaser of  invalid  tax  title  as  condi- 
tion precedent  to  action.     16-803. 

Partial  invalidity  of  statutes  relating  to 
tax  sales  and  deeds,  effect  of. 
1916D-48. 

Possession  under  deed  valid  on  face  for 
period  of  statute  of  limitations  pro- 
tecting tax  titles,  validity  of  title 
acquired.     16-1144. 


842    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


TAXATION— Continued. 

Purchase  of  property  by  municipality  or 
other  governmental  agency,  effect  on 
right  to  sell  for  unpaid  taxes. 
1914A-161. 

Purchaser  pendente  lite,  purchaser  at  tax 
sale  as.     1918C-78. 

Eedemption    from   tax   sale,   extension    of 

time   to   redeem,   validity  of  act.     2- 

801. 
— ^infant's   right  to   redeem.     1914C-421. 
— limitation    as    to    time    for    redemption 

as    affecting    action     to     quiet    title. 

20-46. 
— sufficiency    of    notice    with    respect    to 

statement    as    to    expiration    of    time 

to  redeem.     1917A-243. 

Reimbursement  from  owner  of  property, 
right  of  purchaser  of  defective  title 
under  statute.     12-230. 

— right  upon  failure  of  title  in  absence 
of  statute.     7-920. 

Tax  officer,  personal  liability  to  purchaser 
for  error  or  omission  rendering  sale 
void.     1914A-1120. 

— sale  under  void  statute,  personal  lia- 
bility of  officer.     1918B-190. 

B.    Who  may  PtjECHASE. 

Husband's  right  to  acquire  tax  title  to 
wife's  land.     1913E-545. 

Joint  remainderman  in  expectancy,  right 
to  acquire  tax  title  to  property. 
1913E-152. 

Mortgagee's  right  to  purchase  mortgaged 
premises    at    tax    sale.     11-759. 

Purchaser  of  land  subject  to  mortgage, 
right  to  acquire  tax  title.  1916B- 
866. 

Remainderman's  right  to  acquire  tax  title 
on  life  tenant's  faihire  to  pay  tax. 
1916D-326. 

Tenant  in  common,  right  to  hold  tax 
title  adversely  to  cotenants.  8-988; 
17-1199. 

Wife's  right  to  acquire  tax  title  to  hus- 
band's land.     10-986. 


C.     Tax  Deeds. 

Designation  of  grantee,  sufficiency  of  tax 
deed  with   respect   to.     1913A-1195. 

Issuance    of    deed    before    expiration     of 
time  to   redeem,   validity  as   affected 


TAXATION — Continued. 

by     subsequent     failure     to     redeem. 
9-76. 

Reformation  of  tax  deeds.     20-457. 

Superseding  tax  deed  by  execution  of  new 
deed,  right  of  tax  official.  1912B- 
952. 


16.    Income  Taxes. 

Corporations,  situs  of  income  of  corpora- 
tion for  purpose.  1918A-^26;  1918E- 
750. 

Direct  tax^  income  tax  as  coming  within 
term  as  applied  in  federal  constitu- 
tion.    1912B-1330. 

Federal  income  tax,  validity.     1917B-721. 

Interstate  commerce,  proceeds  as  subject 
to  state  income  tax.     1918E-750. 

Partial  invalidity  of  statute  r^ating  to 
income   taxes,   effect.     1916D-89. 

Personal  income  taxable  under  income  tax 
statute.     1913C-984,-    1916D-1265. 

"Plant,"  meaning  as  used  in  English  In- 
come Tax  Act.     1917A-322. 

Public  officers,  power  of  state  to  tax  salary 
or  income  of  federal  officer  and  vice 
versa.     7-87;   12-827. 

Validity  of  statute  levying  income  tax. 
21-1^7;  1913A-1180. 


17.    Inieritance  Taxes. 

Aliens,  liability  to  succession  tax  of  trans- 
fer to  alien.     1912A-857. 

Amount  of  estate  transferred,  liability  to 
succession  tax  as  dependent  upon.  11— 
143;  1914A-472. 

Appreciation  or  depreciation  of  property 
subsequent  to  death  of  decedent  as 
affecting  assessment  of  tax.  1912C— 
1017;  1916A-786. 

Bonds  or  securities  of  United  States  and 
other  governmental  bodies,  liability  of 
transfers  to  succession  tax.     5-874.   . 

Community  property  as  subject  to  inher- 
itance tax.     1913D-496. 

Constitutionality  of  succession  taxes.  1- 
30;  7-1061;  S-159;  12-953;  1913D-757. 

Conveyance  in  contemplation  of  or  to  take 
effect  at  death,  validity  of  statute 
levying  tax.     1914D-1183. 

Corporate  stock,  situs  for  purposes  of  suc- 
cession tax.     13-741;  1918A-555. 


TAX  COLLECTORS— TAXPAYERS'  ACTIONS. 


ft 

843 


TAXATION— Continued. 

Debt,  situs  for  purpose  of  succession  tax. 
11-119;   1912A-903;   1915B-864. 

Deduction  of  mortgage  debts  from  realty 
or  personalty  in  assessing  succession 
tax.     14-860. 

Double  taxation,  construction  of  statute  so 
as  to  avoid.     1914B-691. 

Dower,  widow's  dower,  support,  etc.,  as 
subject  to  succession  tax.  1913A-167; 
19l'8D-1094. 

Executor  or  administrator,  personal  lia- 
bility for  payment  of  inheritance  tax. 
1915A-265. 

Exemption  as  arising  from  tax  exemption 
of  corporation  bv  statute  or  charter. 
1915B-1053;   1918E-943. 

Federal  succession  tax  on  contingent  in- 
terest, refundment.     1916A-318. 

Foreign  charitable  corporations,  liability 
of  bequests  to  inheritance  tax.  1-233; 
8-159;   6-579;    1912B-994. 

Future  estates,  time  for  taxing  under  suc- 
cession tax  acts.     5-237;   1916D-309. 

Life  beneficiary,  method  of  determining 
value  of  interest.     1914D-77. 

Municipal  corporations  as  included  under 
term  "corporation"  in  statute.  1913B- 
747. 

Partnership,  situs  of  interest  of  deceased 
partner  for  tax  purpose.     9-692. 

Payable  out  of  estate  or  out  of  legacy  or 
devise.     20-1358. 

Personal  property  in  foreign  jurisdiction 
at  time  of  owner's  death  as  subject  to 
tax  in  state  of  his  residence.  1913D- 
520. 

Prospective  or  retroactive  operation  of  suc- 
cession tax  acts.     2-608;  8-218. 

Eate  of  taxation,  construction  of  law  with 
respect  to.     1914B-627. 

Keal  property,  situs  as  atfecting  liability 
to  inheritance  tax.     1915A-169. 

Renunciation  of  legacy  or  devise,  effect 
upon  liability  to  succession  tax.  10- 
1036. 

Residence  or  domicile  within  inheritance 
tax  statute.     1917B-733. 

Statutes,  partial  invalidity,  effect.  1916D- 
89. 

' — rule  for  construction  of  inheritance  tax 
statutes.     1915C-322. 


TAXATION — Continued. 

Sum  appropriated  in  will  for  tomb,  grave, 
etc.,  as  subject  to  succession  tax.  17- 
853. 

Transfer  made  before  death,  liability  to 
succession    tax.     14-109;    1915B-1089. 

Will  contest,  succession  tax  on  money  paid 
to  compromise  contest.     6-572. 


TAX  COLLECTORS. 

Accounting  for  money  collected  under  il- 
legal levy,  assessment  or  warrant, 
duty  of  tax  collector.     11-331. 

Carrying  concealed  weapons,  exemption 
from  statute  against.     1914A-258. 

Collector  of  taxes  as  municipal  officer. 
1914D-1231. 

Judgment  against  principal  as  evidence 
against  surety  on  tax  collector'a  bond. 
1915D-410. 


TAXES  DUE. 

Legal  meaning  of  ternu     1918E-792, 


TAXICABS. 

Driver  as  workman  within  English  Com- 
pensation Act.     1913C-33. 

Municipal  regulation  other  than  taxation. 
1914D-735. 

Proprietor  of  taxicab  as  common  carrier. 
1916D-767. 


TAXPAYERS'  ACTIONS. 

Actions  by  taxpayers.     1913C-884. 

Appeal  from  judgment  in  proceeding  to 
which  they  are  not  parties,  right  of 
appeal  as  taxpayer.     1918A-365. 

Burden  of  proof  in  taxpayers'  actions. 
1913C-913. 

Counsel  fees  in  taxpayer's  action.  1913C- 
915. 

Dismissal  of  action  against  county  board 
to  enforce  liability  for  unlawful  issue 
of  warrants,  right  of  county  attorney 
to   dismiss.     1917A-855. 

Illegal  payment  of  money  from  public 
treasury,  right  of  taxpayer  to  main- 
tain action  to  recover.     19-776. 


844 


INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 

TELEGRAMS. 


TAXPAYERS'    ACTIONS— Continued. 

Injunction  against  act  of  public  official, 
right  of  taxpayer  to  maintain.  3- 
1013;   15-1173. 

Jurisdiction  of  taxpayer's  action.  1913C- 
905. 

Legal  meaning  of  term.     1914C-1057. 

Municipal  contracts,  action  by  individuals 
to  set  aside  or  enjoin  performance. 
17-653. 

Nuisance,  suits  by  taxpayer  to  enjoin.  1- 
38;  17-1128. 

Parties  to  taxpayers'  actions.     1913C-911. 

Pleading  in  taxpayers*  actions.      1913C-913. 

Procedure   in   taxpayers'    actions.     1913C- 

904. 

Quo  warranto  to  try  title  to  public  office, 
right  of  taxpayer  to  maintain.  6—463; 
13-1063;  1915D-1154. 

TEACHERS. 

See  Schools. 


TEAMS. 

Exemption    from    execution,    construction 
of  statute.     6-779. 

Logger's  lien  for  services  of  team.     1916C- 

203. 

Mechanic's  lien  for  use  by  contractor,  right 
of  one  who  rents.     15-383. 


TEAMSTERS. 

Authority  to  bind  shipper  of  goods  by  con- 
tract limiting  liability  of  carrier.  1- 
676. 

Loan  by  one  master  to  another,  duty  and 
liability  of  latter.     20-443. 

Team  and  driver  loaned  or  hired  to  third 
person  for  special  service,  liability  of 
master  for  acts  of  driver.     7-102. 


TECHNICAL  TERMS. 

Instruction  containing,  propriety  of.     11- 
622. 

TEETH. 

Injury    to    teeth,    inadequacy    of    verdict. 
1916B-441. 


Contracts  aflFected  by  telegram,  time  when 
complete.     6-379. 

Eeply  telegrams,  admissibility  in  evidence. 
16-394. 

Subpoena  duces  tecum,  sufficiency  of  de- 
scription of  telegram.     15-644. 


TELEGRAPH  OPERATOR. 

Fellow-servant  of  other  railroad  employees. 
9-789;  1912D-882. 


TELEGRAPHS  AND 
TELEPHONES. 

1.  In  General. 

2.  Location  and  Construction. 

3.  Poles  and  Wires. 

4.  Regulation  and  Taxation. 

5.  FumisMng  Service. 

6.  Transmission  of  Messages. 

A.  Generally. 

B.  Persons  Entitled  to  Damages. 
C  Presentation  of  Claims. 

D.  Measure  of  Damages. 

7.  Injuries  to  Person  or  Property. 

8.  Messages  as  Evidence. 

1.    In  General. 

Acknowledgment  by  telephone,  validity  of. 
1912C-330. 

Assumption  of  risk,  applicability  of  doc- 
trine to  lineman.     15-598;   1912B-467. 

Execution  sale  of  property  of  telegraph  or 
telephone  company,  injunction  against. 
1918C-230. 

Fellow-servant,  telegraph  operator  as  fel- 
low-servant of  other  railroad  em- 
ployees.    9-788;  1912D-882. 

Individual's  right  to  supply  telegraph  or 
telephone  service.     1914C-940. 

Mutual  telephone  company  as  constitut- 
ing public  utility.     1917B-497. 

Operation  of  telegraph  business  as  "trade." 
1916A-1201. 

Presentment  and  demand  of  negotiable  in- 
strument by  telephone,  sufficiency. 
1912A-862. 


TELEGRAPHS  AND  TELEPHONES. 


845 


TELEGRAPHS     AND     TELEPHONES— 

Continued. 

Privileged  communication,  telegram  as. 
1916C-704. 

Railroads,  duty  to  maintain  telegraph  or 
telephone  service.     18-108. 

Rules  and  regulations  for  conduct  of  busi- 
ness, reasonableness  as  question  of  law 
or  fact.     3-715. 

Subpoena  duces  tecum  for  telegrams,  suffi- 
ciency of  description.     15-644. 

Telephone  business,  right  of  railroad  com- 
pany to  conduct.     11-829. 


2.    Location  and  Construction. 

Act  of  Congress  of  July  24,  1866,  scope  and 
effect  as  to  power  of  telegraph  com- 
pany to  construct  lines  upon  proper 
roads.     1-533. 

Additional  servitude  on  city  streets,  tele- 
graph or  telephone  line  as.  2-155; 
5-841;  8-956;  10-467. 

— ^rural  highway,  telegraph  or  telephone 
line  as  additional  servitude.  2—163; 
5-841;  11-464. 

Independent  contractors,  persons  engaged 
in  constructing  telegraph  or  telephone 
line  as.     19-26. 

Interest  in  land  acquired  by  condemnation 
for  telegraph  line  as  easement  or  fee. 

20-573. 

Municipal  telephone  system,  power  of  mu- 
nicipality to  construct  and  operate. 
1918A-380. 

Railroad  right  of  way,  compensation  for 
interest  acquired  by  telephone  com- 
pany.    20-723. 

— interest  acquired  by  telegraph  company, 
compensation  for.     1-741. 

— power  of  telegraph  or  telephone  com- 
pany to  condemn  railroad  right  of  way 
under  state  statute.  1917B-689,  705, 
707. 

Trees    of     abutting    owner,     liability     of 

telegraph    or    telephone    company    for 

injury.     2-642;   12-251. 
— right    of    electric    company    to    condemn 

right    to    cut    or    remove    trees    near 

right  of  way.     1914C-271. 


3.  Poles  and  Wires. 

Acquisition    by    prescription    of    right    to 
maintain  poles.     1916E-981. 


TELEGRAPHS     AND     TELEPHONES— 

Continued. 

Fall  of  pole  or  wire  of  public  service  cor- 
poration, liability  of  municipality. 
1913E-379. 

Personalty  or  realty,  poles  and  wires  as. 
9-1192. 

Pole  erected  on  or  in  front  of  private  prop- 
erty, right  of  owner  to  cut  down.  14- 
579. 

Revocation  or  expiration  of  right  to  main- 
tain poles  and  wires  in  street.  1917E- 
525,  539,  557. 

Use  of  force  in  aid  of  right  to  set  poles  on 
land.     1913E-476. 

Wires  above  premises,  remedy  of  land 
owner  for  unauthorized  stringing.  9— 
860. 


4.    Regulation  and  Taxation. 

Pederal  assumption  of  control  of  telegraph 
companies,  effect  on  state  statute  or 
rule.     1918C-1033. 

Location  of  telegraph  or  telephone  line, 
municipal  regulation.     16-441. 

Rate  regulation  of  telegraph  and  telephone 
companies,      constitutionality.     1-433. 

— municipal  regulation  of  telephone  rates 
under  home  rule  charter,  validity. 
1917E-1001. 

— validity  of  statute  or  ordinance  regulat- 
ing telephone  rates.     1912D-308. 

Taxation,  statute  or  ordinance  imposing 
tax  on  telegraph  company  as  inter- 
ference with  interstate  commerce. 
1914A-987. 

— telephone  company  lines,  conduits,  etc., 
situate  in  more  than  one  taxing  dis- 
trict, place  of  taxation.     18-717. 

— ^use  of  streets,  tax  on  telegraph  or 
telephone  company,  validity  of  ordi- 
nance as  depending  on  amount  of  tax. 
16-343. 

Telegraph  operators,  federal  hours  of  ser- 
vice act  as  applicable  to.  1915D-460; 
1918C-802. 


5.    Furnishing  Service. 

Advance  charges  for  telephone  service, 
right  to  require  payment.     1914D-119. 

Connection  and  facilities,  duty  of  tele- 
phone company  to  supply  without 
discrimination.  11-138;  15-1215; 
1912C-135;  1916C-779. 


846    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


TEIEGEAPHS  AND  TELEPHONES—   TELEGRAPHS  AND  TELEPHONES— 

Continued.  Continued. 


— negligence  in  making  connection  for  sub- 
scriber, liability  of  telephone  company. 
18-1070;  1914B-782. 

Deprivation  of  telephone  service,  measure 
of  damages  for  wrongful  deprivation. 
1913B-1120;  1915A-896;   1918E-120. 

Free  delivery  limits,  rights  and  liabilities 
of  telegraph  company  with  respect  to. 
1912B-596. 

Nonsubscriber's  use  of  telephone,  liability 
of  telephone  subscriber  for  extra 
charges  caused.     1914B-1188. 

Public  pay  station,  duty  and  liability  of 
telephone  company  with  respect  to. 
1915D-1087. 

Stock  quotations,  refusal  of  telegraph 
company  to  furnish  for  gambling  pur- 
poses,   right    to    equitable    relief.     6- 

887. 

Sunday  service,  duty  of  telegraph  or  tele- 
phone company  to  furnish.  1912C- 
587;  1915D-380. 


6.    Transmission  of  Message. 
A.    Geneeally. 

Delay  in  transmitting  message  due  to 
strike  of  employees,  liability  of  tele- 
graph company.     17-240. 

— notice  of  delay  in  transmission  or  de- 
livery of  message,  duty  of  telegraph 
company  to  notify  sender.  14-371; 
1917C-545. 

Disclosure  of  contents  of  message,  liability 
of  telegraph  company.     1916C-727. 

Failure  to,  deliver  message  containing  offer 
to  make  contract,  liability  of  tele- 
graph company.  1914C-208;  1915D- 
223;  1918D-741. 

False,  forged  or  fraudulent  messages, 
liability  for  delivery.  1-578;  5-521; 
1915D-245. 

"In  care  of"  another,  duty  and  liability  of 
telegraph  company  as  to  delivery  of 
message  so  addressed.     5-734. 

Ldmitation  of  liability,  notice  of  exemp- 
tion printed  on  telegraph  blank  as  af- 
fecting addressee  of  message.  19-900; 
1916A-1135. 

— repeating  message,  validity  of  stipula- 
tion in  telegraph  blank  limiting  liabil- 
ity unless  message  is  repeated.  10- 
857.  V 

/ 


Libelous    message,   liability   for   receiving 
.   and   transmitting.     9-697;    1913A-538. 

M&iling  message  to  addressee,  liability  of 
telegraph  company  for  delay  in  de- 
livery.    1914A-115. 

Market  reports,  erroneous  transmission  of 
message  announcing  prices  or  state  of 
market,  liability  of  telegraph  company. 
3-4£'9;  1912C-1279. 

Messengers  for  hire,  liability  of  company 
furnishing,  for  loss  of  money  in- 
trusted to  messenger.     5-797. 

Opening  telegrams,  liability  for  wrongful 
opening.     21-861. 

Befusal  to  accept  message  for  transmis- 
sion, liability  of  telegraph  company. 
1916D-467. 

Sender's  liability  to  receiver  of  telegram 
for  error  in  transmission.     1912A-68. 

Service,  notice  or  other  transaction  by  tele- 
phone,   validity.     1917B-903. 

State  statutes  penalizing  negligent  hand- 
ling of  telegrams  as  regulation  of  in- 
terstate commerce.  2-513;  21-819; 
1918C-1039. 

Telephone  company,  duty  to  addressee  of 

message.     16-1243. 
— liability  for  negligence,  etc.,  in  making 

connection    for    subscriber.     18-1070; 

1914B-782. 

B.    Persons  Entitled  to  Damages. 

Addressee's  right  to  sue  for  failure  to  de- 
liver telegram.     2-398;  13-356. 

Person  whose  name  or  interest  does  not  ap- 
pear on  face  of  telegram  or  otherwise, 
right  to  recover  damages  for  mental 
anguish.     10-648. 

C.    Presentation  of  Claims  for  Damages. 

Claims  for  damages  or  statutory  penalty 
required  to  be  presented  within  cer- 
tain time,  validity  of  stipulation  on 
telegraph  blank.  4-613;  14-192; 
1912B-520. 

Commencement  of  suit  as  presentation  of 
claim  within  stipulation  on  telegraph 
blank.     12-656;  1917D-162. 

D.    Measure  op  Damages. 

Failure  to  transmit  telegram,  necessity 
that  damages  be  contemplated.  1- 
361;    10-479. 


TEMPERANCE— TENANTS  IN  COMMON. 


84T 


TELEGRAPHS     AND     TEKEPHONES— 

Continued. 

Mental  anguish  doctrine  in  telegraph  cases. 

1-355;    2-55;    8-474;    13-399;    1912D- 

838. 
—conflict  of  laws  as  to  recovery  of  dam- 
ages for  mental  anguish.     7-1068;  19- 

1063. 
— evidence   of   mental  suffering,  necessity 

and  competency.     2-55. 
— excessive    verdict    for    mental    anguish, 

what  is.     1913B-246;   1916C-524. 
— ^validity  of  statute  permitting  recovery 

of      damages     for     mental     anguish. 

1913C-865. 

Loss  of  profits  as  element  of  damages  re- 
coverable for  delay  in  delivery  of 
telegram.     1914A-1297. 

Ordering  goods  for  resale,  measure  of  dam- 
ages recoverable  for  failure  to  deliver 
telegram.     14-741. 

Transmission  of  money,  measure  of  dam- 
ages recoverable  against  telegraph 
company  for  failure  to  transmit.  7- 
535. 


7.    Injuries  to  Person  or  Property. 

Fire  caused  by  wires  transmitting  elec- 
tricity from  lightning,  liability  of 
telephone  or  other  electric  company. 
1914B-1031. 

Injuries  to  person  using  telephone,  liability 
of  company.     21-1009. 


8.    Messages  as  IMdence. 

Conversation  by  telephone  as  evidence.  1- 
802;  9-170;  20-705;  1916E-977. 

Presumption  as  to  receipt  of  telegram. 
1917E-10S1. 

Primary  evidence,  telegram  left  for  trans- 
mission or  message  delivered  as  pri- 
mary or  best  evidence  in  action  for 
damages  for  delay  in  transmission. 
8-270. 

Eeply  telegrams,  admissibility  in  evidence. 
16-394. 

Telegrams  sent  in  general  course  of  busi- 
ness, admissibility  in  evidence. 
1917D-790. 


TEMPORARY  INJUNCTION. 

See  Injunctions. 

TENANCY. 

See  Joint  Tenancy;  Landlord  and  Tenant; 
Life  Estates;  Tenants  in  Common. 

TENANCY  BY  ENTIRETY. 

See  Entirety. 


TENANT. 

Distinction    between    tenant    and    lodger. 
1914A-200;  1914D-840. 


TENANT  FOR  YEARS. 

Eight  to  have  assignment  of  mortgage  on 
paying  indebtedness.     1914B-556. 


TENANTS  IN  COMMON. 

1.  In  G-eneral. 

2.  Bights  and  Idabilities  Inter  Se. 

3.  Bights  and  Iiiabilities  as  to  Third  Per- 

sons. 

1.    In  Greneral. 

Conveyance  of  unspecified  parcel  by  acre- 
age in  larger  tract  of  land  as  creating 
tenancy  in  common.     2-918. 

Devise  to  persons  "jointly"  as  creating 
joint  tenancy  or  tenancy  in  common. 
1914C-233. 

Entirety  estate  as  converted  by  divorce 
into  tenancy  in  common.     5-536. 

Freeholder,  tenant  in  common  as  "free- 
holder."    1913D-328. 

Nature  of  estate  resulting  from  creation 
of  cotenancy.  1917B-57;  116,  119, 
121. 

Taxation,  proper  mode  of  assessment  of 
tax  on  property  held  by  two  or  more 
persons  in  joint  ownership.  1914A- 
568. 

Testamentary  gift  to  persons  designated  as 
class  as  creating  tenancy  in  common 
instead  of  joint  tenancy,     1917B-116. 


Presumption    of 
I918A-620. 


TEMPERANCE. 

sobriety    or    temperance. 


2.    Rights  and  Liabilities  Inter  Se. 

Accounting  for  rents  and  profits,  liability 
of  tenant  in  sole  possession  to  account 


848     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


TENANTS  IN  COMMON— Continued. 

to    cotenant    in    absence    of    express 
agreement.     18-1082. 

Compensation  for  services  in  sale  of  com- 
mon property,  right  of  tenant  in  com- 
mon.    1916C-680. 

Damages  for  injury  to  premises,  right  of 
one  tenant  to  sue  for.     1918A-608. 

Execution  sale,  right  of  tenant  in  common 
to  enjoin.     1918C-267. 

Homestead  right  in  land  held  in  common, 
right  of  tenant  in.  common  to  acquire. 
1914B-854. 

Lien  on  property  for  rents  and  profits  re- 
ceived by  cotenant,  right  of  tenant  in 
common.     16-94. 

Limitation  statute,  running  between  ten- 
ants in  common  against  adverse  claim 
by  cotenant  as  dependent  on  notice. 
1913D-1312'. 

Minerals,  right  of  tenant  in  common  to  re- 
move from  soil.     1918B-580. 

Mortgage  debt,  payment  by  tenant  in  com- 
mon, right  to  enforce  mortgage  against 
cotenant.  10-282;  1912C-1264; 

1917A-832. 

Partition,  right  of  tenant  in  common  who 
has  life  estate  only  in  property.  11- 
1040. 

— testamentary  restriction  on  right  of  par- 
tition.    1916D-1270. 

— waiver  of  cotenant  of  right  by  express 
or  implied  agreement.  1913E-402; 
1916D-928. 

Purchase  of  outstanding  title,  rule  prevent- 
ing tenant  in  common  as  applicable 
where  tenants  hold  adversely  as  to 
each  other.     1916D-1307. 

Sale  of  common  property  under  judicial 
sale  or  power  in  trust  deed,  right  of 
tenant  in  common  to  buy.  17-1169; 
1914A-1031. 

Tax  title,  right  of  tenant  in  common  to 
hold  adversely  to  cotenants.  8-988; 
17-1199. 

Waste,  right  of  tenant  to  maintain  action 
against  cotenant.     15-271. 

3.    Eights    and    Liabilities    as    to    Third 
Persons. 

Adverse  possession  by  grantee  of  cotenant. 

1915C-1232. 
Conveyance  of  specific  right  or  easement  in 

land  by  one  tenant  in  common,  valid- 


TENANTS  IN  COMMON— Continued. 

ity.  13-307;  1913A-227;  1915A-745; 
1918C-92. 
—estoppel  of  tenant  in  common  to  deny 
validity  of  conveyance  of  specific 
parcel  of  common  property  by  coten- 
ant.    1912B-836;    1915A-745. 

Covenant  of  warranty  or  for  quiet  enjoy- 
ment as  breached  by  existence  of  un- 
divided interest  in  common  tenant. 
1913B-847. 

Creditor's  bill  to  reach  interest  of  coten- 
ant.    1914B-953. 

Ejectment  against  stranger,  right  of  ten- 
ant in  common  to  recover  entire  prem- 
ises.    5-824;  7-999;  191oD-1043. 

Estoppel  of  purchaser  of  tract  allotted  to 
party  in  partition  proceedings  to  deny 
title  of  another  party  to  another  part 
of  land  divided.     1915A-949. 

Lease  by  part  only  of  common  tenants, 
effect.     1913D-1164. 

Lien  for  rents  and  profits  received  by  co- 
tenant,  right  of  tenant  in  common  as 
against  third  persons.     16-95. 

Partition  by  agreement  of  cotenants  as 
binding  on  judgment  creditor  of  one 
tenant.      1913A-1146. 

Torts,  liability  of  tenants  in  common. 
1915C-1144. 


TENANTS  IN  TAIL. 

Effect  of  conveyance.     1912B-56. 


TENDER. 

Amount  of  tender,  waiver  of  objection  to 
amount.     1912B-903. 

Chattel  mortgage  debt,  effect  upon  security 
of  tender  after  default.  15-495; 
1914C-276. 

Checks,  suflBciency  of  tender  by  check. 
1914B-178. 

Conversion  of  pledge,  necessity  of  tender 
of  debt  secured  before  action  against 
pledgee.     10-1125. 

Fire  insurance,  unearned  premium,  neces- 
sitv  to  effect  cancellation  of  policy  by 
insurer.     12-1067;    1913D-490;   1917B- 

910. 

Judgments,  effect  of  tender  of  amount  due 
on   judgment.     1916C-536. 


TENDERS— TERRACES. 


849 


TENDER— Contintied. 

Life  insurance,  necessity  of  tender  of 
premiums  received  on  policy  on  com- 
pany's rescinding  policy  on  ground  of 
breach  of  warranty  or  false  statement 
in  application.     1914A-971. 

Mechanic's  lien  as  discharged  by  tender  of 
amount  due.     1912B-932. 

Mortgage  debt,  by  whom  tender  must  be 
made  to  extinguish  lien.  7-1065; 
1914B-721. 

— effect  of  making  tender  after  fore- 
closure.    1914C-677. 

— ^tender  after  maturity  and  before  fore- 
closure, effect  on  mortgage.     8-363. 

Passenger  fare,  tender  after  refusal  to  pay 

as  affecting  duty  to  carry  passenger, 

10-941. 
— ^what  is  reasonable  sum  which  passenger 

may    tender.     10-642;    18-44;    1918D- 

182. 

Payment  into  court,  ownership  of  money 
tendered.     7-97. 

Release  of  damages  procured  by  fraud, 
necessity  upon  repudiation  of  tender- 
ing consideration  therefor.  4-655; 
10-739;   1912D-1084. 

Rent,  tender  before  declaration  of  forfeit- 
ure of  lease  as  valid  tender.  1912I>- 
1009. 

Specific  performance  of  contract  for  sale 
of  land,  tender  or  payment  of  pur- 
chase price  as  condition  precedent  to 
right  of  action  by  purchaser.  4-852; 
1913C-647. 

Stranger  making  tender,  sufficiency.  12- 
82. 

Subscriptions,  refusal  of  tender  of  sub- 
scription as  releasing  subscriber. 
1912B-495. 


TENDERS. 

Term  "car"  as  including  tender  of  engine. 
1914D-46. 


TENEMENTS. 

Manufacture    of    clothing    in    tenements, 
.    validity    of    regulatory    statutes.     1- 
747. 


TENT. 

Legal  meaning  of  word.     1918B-138. 

TERMINAL  COMPANY. 

"What  is  railroad  terminal  (iompa,ny. 
1915D-1247. 

TERMINATION. 

Agency,  implied  promise  of  indemnity  by 
principal  to  agent  as  affected  by  ter- 
mination of   agency.     1912D-993. 

— subageney,  what  constitutes  termina- 
tion  of    authority.     1915D-22. 

Contracts,  right  to  terminate  where  no 
stipulation    as   to    duration.     20-1104. 

Landlord  and  tenant,  destruction  of  prem- 
ises, construction  of  provision  in  lease 
for  termination  of  tenancy.  1913A- 
1095. 

— termination  of  lease  at  option  of  one 
or  both  parties,  construction  of  pro- 
vision   therefor.     1916B-306. 

Malicious  prosecutions,  sufficiency  of  ter- 
mination of  proceedings  to  support 
action.     See  Malicioiis  ProsecutioiL 

Master  and  servant,  continuance  in  ser- 
vice after  termination  of  contract  as 
affecting  term  of  employment  and 
rate   of   compensation.     191SB-1176. 

Public  office,  termination  of  office  as  af- 
fecting quo  warranto  proceeding  to 
try  title  to  office.  11-1170;  1913C- 
1303. 

Reference,  termination  of  authority  of 
referee.     1918C-616. 

Religious  societies,  termination  of  exist- 
ence.    1918D-1056. 

Society  or  club,  termination  of  member- 
ship.    1913C-398. 

Workmen's  compensation  allowance,  ter- 
mination under  act.  1916E-894; 
1918B-733. 


TERM  OP  OFFICE. 

See  Public  Officers. 


TENOR. 

Meaning  of  word  "tenor."     1914B-660. 
Purport    and    tenor,    distinction    between, 
1914B-661. 

Index  to  Notes — 54 


TERRACES. 

Building  restrictions  affecting  location  of 
terrace.     1914A-6. 


850    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


TERRITORIES. 

Condemnation  of  lands  within  territory, 
power  of  United  States.     1918E-43. 

Decisions  of  territorial  court  in  criminal 
cases  as  reviewable  by  federal  circuit 
court  of  appeals.     9-394. 

Jury,  right  to  trial  by  jury  under  fed- 
eral   constitution.     1-704. 

Taxation  of  personalty  on  government 
reservation,  right  of  territory  to  tax. 
14-964. 


TEXT-BOOKS. 

See  Schools. 

THEATERS  AND  AMUSE 
MENTS. 

1.  In  General. 

2.  Statutory  and  Municipal  Begulation. 

3.  Duties  and  Liabilities  as  to  Patrons. 

See  Hxhibitions  and  Fairs. 


TESTAMENTARY  CAPACITY. 

See   Wills. 

TESTAMENTARY  GIFT. 

See  Wills. 

TESTIMONY. 

See  Evidence;   Witnesses. 

Contract    to    procure    testimony,    legality. 
13-212;  1912A-657J  1914C-454. 

Libel    and   slander,   testimony   of   witness 
as  privileged.     15-773;  1918A-822. 

TEST  ORDER. 

Power   of   Public    Service    Commission  to 
make.     I917E-794. 


TESTS. 

Defect   in    appliances    purchased    by    car- 
rier of  passengers  from  manufacturer, 
liability    where    defect    not    discover- 
.  able  by  known  tests.     19I6E-936. 

Goods  sold  subject  to  test,  implied  war- 
ranty.    1916A-956. 

Physicians  and  surgeons,  failure  of  sur- 
geon to  make  test  before  operation  as 
malpractice.     1918A-S83. 

Pleading,  test  of  inconsistency  in  fact. 
1917C-713,  757. 


TETANUS. 

Accidental  injury  , within  insurance  policy. 
2-141. 

Workmen's  compensation,  tetanus  as  acci- 
dent arising  out  of,  and  in  course  of, 
employment  within  act.  1914B-499; 
1918B-789,   791. 


1.    In  General. 

Amusement  contracts.    1914B-2;  1917C-391. 

Baggage,  theatrical  and  like  paraphernalia 
as  baggage.     21-735. 

Carriers,  contract  between  circus  owner 
and  carrier  limiting  liability  of  latter 
for  injuries  to  employee,  validity  and 
effect.    12-1077. 

Independent  contractor,  person  employed 
or  contracting  to  give  exhibitions. 
1918C-6o6. 

Infringement  of  copyright  or  trade  name, 
dramatic  copyright,  what  constitutes 
infringement.     14—433. 

• — name  of  theatrical  performance  as  in- 
fringed by  use  of  similar  name. 
1915B-345. 

Juries,  allowing  jury  to  attend  theatrical 
performance  during  trial  as  ground 
for   new  trial.     14r-534. 

Mechanic's  lien  on  fittings  and  appliances 
in   amusement   places.     1912B-28. 

Moving  pictures,  law  of.  1916C-301,  317, 
318. 

Municipal  corporations,  power  of  city  to 
conduct  theater  or  opera-house. 
1915A-758. 


Penny  arcade,  operator  as  dealer. 

960. 


1917A- 


Theatrical  promoter  as  engaged  in 
"trade."     1916A-1201. 

Transportation  of  property  intended  for 
exhibition  purposes,  measure  of  dam- 
ages for  carrier's  delay.  5-827; 
1918E-1057. 


2.     Statutory    and   Municipal   Regulation. 

Dance-halls,  state  or  municipal  regulation. 
1915C-1110. 


THEATKICAL  PERFORMERS— THING    PATENTED.         851 


THEATERS  AND  AMUSEMENTS— Con- 
tiinied. 

Equal  rights  in  places  of  public  accommo- 
dation, statutes  securing.  9-69; 
1912B-860;  1916B-729. 

Fixe  or  police  protection,  right  to  com- 
pel proprietor  to  furnish  a.t  his  own 
expense.     20-361;    1916A-1183. 

Horse-racing,  validity  of  statute  li- 
censing or  regulating.     8-1016. 

Immoral  show  or  exhibition,  right  of  mu- 
nicipality to  suppress.     1915B-322. 

Liberty  of  speech  and  press  as  violated 
by  censorship  and  restriction  on  exhi- 
bitions.    1915B-1186. 

Moving  pictures,  statutory  regulation. 
1913E-1306;  1915C-1214. 

Police  surveillance  of  place  of  amusement, 
injunction  against.  5— 4S3;  1913B- 
713. 

Scalping  of  tickets,  validity  of  prohibi- 
tory statutes.     9-749. 

Sunday  laws,  amusements  or  exhibitions 
within  prohibition  of  law.  16-406; 
21-681;   1914C-782. 

—engaging  in  labor  or  amusement  a.s  of- 
fense at  common  law  or  under  stat- 
ute other  than  Sunday  law.  1918B- 
387. 


3.    Duties  and  Liabilities  as  to  Patrons. 

Admission  to  place  of  amusement,  rights 
of  purchaser  of  ticket.  5-346;  8- 
529;  12-422;  1913E-560;  1916B-729; 
1916D-464. 

Bathing  resort  or  beach,  duty  of  proprie- 
tor   to    patrons.     8-982;     1913D-1217. 

— ^liability  of  bath-house  proprietor  for 
loss  of  property  of  patron.     8-91. 

Fireworks  exhibition,  liability  of  pro- 
moters for  personal  injuries  resulting 
from    their    negligence.     1918D-972. 

Municipal  corporations,  liability  for  un- 
safe condition  of  building  maintained 
for    public    amusement.     1918D-115. 

Property  of  patrons,  duty  of  owners  of 
places    of    amusement.     5-929. 

Public  entertainment  not  given  for  profit, 
liability  of  organizer  or  promoter  for 
personal  injuries.  1917E-238;  1918D- 
972. 

Safety  and  protection  of  patrons,  duty  of 
owners   and   managers   of   exhibitions 


THEATERS  AND  AMUSEMENTS— Con- 
tinued. 

and  places  of  amusement.  5-926;  15— 
517;  1915B-546;  1917D-931,  933; 
1918E-1073. 

Scenic  railway  or  similar  contrivance,  pro-, 
prietor  as  carrier  of  passengers.  17— 
410;   1917D-930. 

Nuisance. 

Crowd  attracted  by  exhibition  or  enter- 
tainment obstructing  street  as  nui- 
sance.    1916B-971. 

Noise  arising  from  exercise  of  lawful 
amusement  as  nuisance,  4-378;  19- 
993;   1912B-428. 

Skating-rink  as  nuisance.     19-104. 


THEATRICAL  PER- 
FORMERS. 

Contracts  for   services.     1914B-5;    1917C- 
393. 

THEFT. 

See  Larceny. 


THEN. 

Legal    meaning    in    construction    of    will. 
I913B-321. 


THING. 

Legal  meaning  of  word.     1915A-25. 

THING  ADJUDGED. 

Legal   meaning   of   phrase.     1915A-32. 

THING  DULY  DONE. 

Legal  meaning  of  phrase.    1915A-32. 

THING  IN  ACTION. 

Legal   meaning  of   term,     1915A-31. 

THING  OF  VALUE. 

Legal  meaning  of  term.     1915A-30. 

THING  PATENTED. 

Legal   meaning   of    phrase.     1915A-32. 


852    INDEX  TO  THE  NOTES,  1  ANN.  PAS.  TO  ANN.  CAS.  1918E. 


THIRD  DEGREE. 

Confession,  admissibility  as  affected  by 
fact  that  accused  was  tied,  chained, 
shackled,  incarcerated  in  dark  cell, 
etc.     1912B-1056. 


THIRD  PERSONS. 

See    Strangers. 

Agency,  delegation  of  authority  by  agent 
as  affecting  relations  between  prin- 
cipal or  agent  and  third  person. 
191oD-17,  22. 

Appliances  furnished  for  use  by  servant 
of  another,  duty  and  liability  of  per- 
son furnishing  for  injury  to  such 
servant.     9-990  j   1913C-754. 

Assignment  of  mortgage,  rights  of  as- 
signee as  against  equities  in  favor 
of  third  persons.     1918C-490,  512,  518. 

Attachment  as  waived  as  against  third 
person  by  enlarging  original  claim. 
18-1022. 

—intervening  rights  of  third  person  as 
affecting  appeal  by  plaintiff  in  attach- 
ment from  judgment  for  defendant. 
1913B-183. 

Attorneys,  contract  with  third  person  to 
procure  legal  business,  validity.  2- 
836;    17-690. 

— negligence  or  breach  of  duty  of  attor- 
ney, liability  to  third  persons. 
1917B-45. 

Automobile  maker's  liability  to  third  per- 
sons for  defective  construction. 
1913B-694;   1917E-584. 

Banks,  right  to  pay  money  on  deposit  to 
third  person  claiming  adversely  to  de- 
positor.    1912C-125. 

Chattel  mortgages,  injury  or  conversion 
of  pledged  property  by  third  person, 
right  of  action  of  chattel  mortgagor. 
21-80;  1917D-554. 

— Cleaving  property  in  possession  of  third 
person  as  sufficient  to  dispense  with 
filing   of  instrument.     19150-605. 

— rights  of  junior  mortgagee  as  against 
third   persons.     1916A-864. 

Coal-hole  in  sidewalk  left  open  by  third 
person,  liability  to  pedestrian  for  in- 
juries,    1917D-^96. 

Compromise  by  attorney  of  client's  cause 
of  action  as  affecting  third  persons. 
21-58S. 


THIRD   PERSONS— Continued. 

Conditional  sales,  effect  as  to  third  per- 
sons of  sale  of  goods  to  retailer  for 
purpose  of  resale.     1916A-90. 

— ^property  sold  for  purpose  of  being  at- 
tached to  realty  of  third  person, 
rights  of  parties.     1916D-915. 

Confession  of  third  person,  admissibility 
in  criminal   case.     1913E-722. 

Contracts  by  intoxicated  person  as  void- 
able where  rights  of  third  persons 
have  intervened.     1918E-333. 

Death  of  human  being  as  element  of  re- 
covery in  civil  action  between  third 
persons.     1917B-886. 

Debt  secured  by  pledge  of  decedent's  per- 
sonalty, validity  as  against  estate. 
1912C-982. 

Deposit  of  deed  with  third  person  to  be 
delivered  after  grantor's  death,  effi- 
cacy.    1915C-378,  385,  388.         / 

Divorce  proceeding,  right  of  third  person 
to   intervene.     1913E-429. 

Dower,  release  to  third  person,  right  of 
married  woman  by  express  contract 
with   husband.     1917A-57. 

Dying  declaration  of  third  person  as  ad- 
missible in  prosecution  for  homicide. 
1913C-414;    1918C-581. 

Electric  wire  cut  by  third  person,  liabil- 
ity of  one  maintaining  wire.  21- 
1100. 

Eminent  domain  proceedings,  right  of 
third   person    to   appeal.     1914D-1142. 

Eviction  of  tenant  by  act  of  third  per- 
son.    1915C-396,  408. 

Executor  de  son  tort,  validity  and  effect 
of  acts  with  respect  to  third  persons. 
1912A-534. 

Executors  and  administrators,  personal 
liability  for  tortious  or  negligent  acts 
of  third  person.     21-355. 

Fraud  of  third  person  as  defense  to  ac- 
tion   on     guaranty.     1916A-506. 

Frauds,  statute  of,  contract  for  joint  pur- 
chase of  goods  from  third  person  as 
within  statute.    1918C-744. 

Gaming  contracts,  evidence  admissible, 
other  transactions  between  party  and 
third  person  on  issue  whether  con- 
tract is  for  future  difference.  1914D- 
88. 


THIKD  PERSONS. 


853 


THIRD  PEESON&— Continued. 

Garnishment,  money  standing  in  name  of 
debtor  but  belonging  to  third  person 
as  reachable.     1917C-1145. 

Gift  causa  mortis  as  created  by  delivery 
of  key  of  box  or  other  receptacle  of 
property  to  third  person  as  suflBcient 
delivery  to  support  gift  causa  mortis. 
2-1003;    1914A-531. 

Gratuity  from  third  person  as  mitigation 
of  damages.  1-213;  10-794;  1915C- 
893. 

Homicide,  injury  to  third  person  in  as- 
sault on  another  with  intent  to  kill 
or  murder  as  criminal  offense.  8- 
789;   1912A-1063. 

Independent  contractor,  liability  for  injury 
to  person  or  property  of  third  person 
sustained  after  completion  of  work. 
4-228;   1912B-710. 

Indorsement  of  negotiable  instrument 
made  by  third  person  as  forgery. 
1915A-1047. 

Innkeepers,  lien  on  property  of  third  per- 
sons in  possession  of  guests.  3-626; 
12-404. 

Judgments,  effect  of  partial  assignment 
of  judgment  as  between  assignee  and 
third    person.     1913E-845. 

Labor  unions,  validity  of  rule  affecting 
third  persons.     19180-653,  668. 

Landlord  and  tenant,  defects  in  premises, 
liability  of  landlord  to  third  persons 
as  affected  by  his  agreement  to  re- 
pair. 2-466;  12^9;  1915B-165; 
1916C-815. 

— injury  to  leased  premises  by  third  per- 
son, liability  to  landlord.     1912D-120. 

Libel  and  slander,  conversation  over- 
heard by  third  person  as  affecting 
privilege  of  communication  within 
law    of    slander.     1917E-699. 

• — investigations  before  legislative  com- 
mittee, privilege  of  third  person  pub- 
lishing matters.     1916B-1066. 

— ^reflection  on  third  person  in  criticising 
candidate  as  constituting.  1914C- 
1002. 

—statement  by  third  person  to  master 
with  respect  to  character  of  domestic 
servant  as  privileged.     1917A-347. 

'  Lien  on  stock  in  favor  of  corporation, 
provision  in  charter,  statute  or  by- 
law as  affecting  third  person.  1918D- 
371,  375. 


THIKD  PERSONS— Continued. 

Malicious  prosecution,  liability  of  one 
advising  or  procuring  third  person  to 
institute  proceeding.     1918A— 485. 

Mandamus,  right  to  compel  performance 
of  act  as  affected  by  necessity  of 
approval  or  co-operation  of  third  per- 
son.    19150-132. 

Marriage  between  third  persons,  validity 
of  contract  made  to  induce.  1918C- 
820. 

Master  and  servant,  duty  of  master  to  fur- 
nish safe  appliances  or  safe  place  to 
work  as  applicable  to  servant  sent  to 
work  on  premises  of  third  person. 
1913B-796. 

• — master's  liability  for  damage  caused  to 
third  person  by  fire  started  by  ser- 
vant.    1914A— 1102. 

^servant's  liability  to  third  person  for 
injuries  caused  by  defects  in  machin- 
ery or  other  instrumentalities  fur- 
nished by  master.     1913B-725. 

Mercantile  agency,  rights  and  liabilities 
between  agency  and  third  person. 
1916D-753. 

Mortgages,  construction  of  absolute  deed 
as  equitable  mortgage  in  favor  of 
third  person.  1917C-970,  979,  981, 
985. 

• — injuries  caused  to  mortgaged  premises 
by  third  person,  right  of  mortgagor 
to  sue.     1913A-652. 

Municipal  franchise  to  public  service  cor- 
poration, alteration  of  terms,  right  of 
third  person  who  may  derive  ben- 
efit to  object.     1913D-1089. 

Negligence,  failure  to  use  due  care  toward 
third  person  as  actionable  negligence 
for   injury   to   another.     1^13E-927. 

— gas  company's  liability  ^  for  injury 
caused  by  escape  of  gas  from  pipes  as 
affected  by  negligence  of  third  per- 
son.    1914C-353;   1916E-280. 

— liability  of  owner  or  occupant  for  neg- 
ligent act  of  third  person  committed 
on  premises.     1914D-91. 

Outstanding  title  in  third  person,  right  of 
defendant  in  detinue  or  replevin  to 
show.     1912D-20. 

Partnership,  intent  as  essential  to  creation 
with  respect  to  third  persons.  1916E- 
441,  444. 

Payment,  right  of  third  person  to  control 
application.     1917C-582. 


864    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


THIED  PEESONS— Continued. 

Personal  liability  of  superior  servant  to 
third  person  for  act  of  underservant. 
1915C-106. 

Promoter's  contracts,  liability  of  corpora- 
tion to  third  persons.  8-262;  1916C- 
105. 

Public  oflScer  having  fixed  compensation, 
right  to  recover  from  third  person  for 
act  performed  within  scope  of  offi- 
cial duty.     1913D-579. 

Eailroad  company's  liability  to  third  per- 
son for  injury  from  fire  started  by 
employee  on  right  of  way.  1914A- 
1102;    1917B-1054. 

Eeplevin  bond  by  plaintiff  as  inuring  to 
benefit  of  third  person  adjudged  to  be 
entitled  to  property.     1913D-1106. 

Seizure  of  property  of  third  person  as  evi- 
dence, right  of  officer  making  arrest. 
19150-964. 

Statute  of  frauds  as  available  to  third 
person.     21-1388. 

Threats  of  third  person  to  commit  crime 
charged  against  defendant,  admissi- 
bility in  criminal  prosecution  of  lat- 
ter.    1913A-731. 

Tort  of  third  person,  right  of  action  of 
principal  or  agent.     1915B-1297. 

Vendor's  implied  lien  as  waived  by  taking 
security  from  third  person.  13-S69; 
1914D-1225. 

Witnesses,  communications  to  attorney  in 
presence  of  third  party  as  privileged. 
1913A-18. 

— statement  by  spouse  in  presence  of 
third  person,  competency  of  other 
spouse  to  testify  to  conversation. 
1916B-602. 

— transactions  between  decedent  and  third 
person  as  affecting  rule  of  incom- 
petency of  witness  to  testify  to  trans- 
actions with  decedent.     1913E-795. 

Workmen's  Compensation  Act  as  applica- 
ble to  injury  to  employee  by  third 
person.     1915D-156. 

— recovery  against  third  person  as  pre- 
cluded by  recovery  under  act. 
1916B-1224;   1917E-682. 


THIRD-RAIL  SYSTEM. 

Duty    of    railroad    with    respect    to    em- 
ployees and   trespassers.     21-750. 


THREAD. 

Trademark  or  trade  name  as  infringed  by 
similar  name.     1915B-346. 


THREATS. 

Accusation  of  crime,  threat  to  accuse  as 
criminal  offense.     9-196;  1917B-134. 

Blackmail,  sufficiency  of  allegations  in  in- 
dictment for  conspiracy  therefor  as  to 
object  and  means  of  accomplishing 
conspiracy.     21-43. 

Cruel  and  unusual  punishment  for  send- 
ing threatening  letter.     19-731. 

I>emand  for  payment  of  debt,  criminal  lia- 
bility for  threat  of  prosecution  in 
connection   with   demand.     1917E-246. 

Duress,  contract  induced  by  threats  of 
criminal  prosecution  against  friend  or 
relative  other  than  parent,  child  or 
spouse.     1917C-1026. 

— threat  of  abandonment  by  spouse  as 
duress.     1917A-174. 

False  imprisonment  accomplished  by 
threats  of  force.     1912D-728. 

Forcible  entry  as  constituted  by  threats 
and  display  of  force  without  actual 
force.     15-804. 

Homicide,  threat  of  death  accompanying 
assault  as  assault  with  intent  to  mur- 
der.    1913A-202. 

Impersonation  of  officer  and  threatening 
bodily  injury  or  arrest  as  constituting 
money  obtained  thereby  robbery.  12- 
63. 

Jury,  threatening  jurors  to  procure  verdict 
as  constituting  coercion  by  court. 
1912D-448. 

Letters,  anonymous  letter,  sending  as 
criminal   offense.     1917C-699. 

• — "threatening  letter,"  what  is  within 
statute  prohibiting  sending.  19I2B- 
457. 

Liberty  of  speech  and  press  as  infringed 
by  statute  prohibiting  communication 
of  threats.     15-8. 

Money  paid  under  coercion  of  threats  to 
begin  criminal  prosecution,  recovery. 
3-107. 

Eesisting  officer,  threat  as  element  of  of- 
fense.    17-404. 

Strike  threat  in  attempted  coercion  of  em- 
ployer   as    unlawful    act.     3-974. 


THRESHERS'  LIENS— TICKETS  AND  FARES. 


855 


THREATS— Continued. 

Third  person,  threat  to  commit  crime 
charged  against  defendant,  admissi- 
bility in  evidence.  10-323;  1913  A- 
731. 

Uncommunicated  threat  as  admissible  in 
evidence  in  prosecution  for  homicide. 

1912C-48a. 

THRESHERS'  LIENS. 

See  Liens. 


TICKET  AGENTS. 

Information  as  to  route  given  passenger, 
liability  of  eajrier  for  error.     13-96S. 

TICKET  BROKERAGE. 

Hawking  and  peddling  regulations  as  ap- 
plicable to  ticket  scalpers.  1912D- 
1292. 

Prohibitory  statutes,  validity  and  effect. 
6-873;  8-649;  9-972. 

Statutory  regulation  of  railroad  ticket 
brokerage  as  burden  on  interstate 
commerce.     7-14;   1917A-997. 

Theater  tickets,  validity  of  statutes  pro- 
hibiting scalping.     9-749. 

TICKETS  AND  FARES. 

Amusement  place,  rights  of  purchaser  of 
ticket  of  admission.  5-346;  12-422; 
1913E^560;  1916D-464. 

Commutation  rates,  validity  of  order  by 
Public  Service  Commission  regulating. 
1917B-1153. 

Connecting  lines,  validity  of  statute  re- 
quiring carrier  to  sell  tickets  for. 
1913E-613. 

Coupon  "void  if  detached,"  or  words  of 
like  import,  construction  of  stipula- 
tion  in   railroad  ticket.     19-457. 

Discrimination  between  localities  as  to 
rates  of  fare  by  carrier  of  passengers. 
18-149. 

Extra  fare,  refusal  to  pay  as  giving  rail- 
road company  right  to  eject  passen- 
ger where  sufficient  opportunity  to 
buy  ticket  was  presented.  10-923; 
1913A-1198. 

Fixed  rate  per  mile  for  carrying  passen- 
gers, validity  and  effect  of  statute  re- 
quiring,    21-191. 


TICKETS  AND  FARES— Continued. 

Free  transportation,  constitutional  or 
statutory  provisions  against  receipt 
or  gift.     17-662;   1915D-5o9. 

Invalidity  of  passenger  ticket  through 
fault  of  carrier,  right  to  eject  pas- 
senger.    1912C-730;  1914D-922. 

Larceny  of  railroad  tickets.  14-179; 
19140-649. 

Limitation  of  baggage  liability  of  car- 
rier to  certain  amount,  validity  and 
effect  of  stipulation  on  passenger 
ticket.     1912B-285. 

Mileage  tickets,  manner  of  using,  validity 
of  order  of  public  service  or  railroad 
commission    regulating.     1915A-1031. 

— reasonableness  of  condition  attached  to- 
sale  of  mileage-book.     1914B-915. 

Nonpayment  of  fare,  right  to  eject  sick 
passenger.     1915D-145. 

Nontransferable  tickets,  injunction  to 
prevent  buying  and  selling.  12-700; 
1913B-475. 

Payment  of  fare  into  box,  register  or  the 
Uke,  validity  of  rule  requiring  pas- 
senger.    1912C-1290;    1918D-473. 

Place  of  contract  of  railroad  ticket  pur- 
chased by  passenger.     1912C-542. 

Production  of  ticket  or  payment  of  fare, 
duty  of  carrier  to  give  passenger 
time.     20-922. 

"Eate  of  fare,"  or  "fare,"  meaning  as 
used  with  respect  to  passenger  traffic. 
21-91. 

Eedueed  rates  or  free  transportation  for 
militia  or  state  or  public  officers,  va- 
lidity of  statute  requiring.  1913E- 
498;'l916E-959. 

— refusal  of  carrier  to  transport  passenger 
at  rate  charged  other  persons  of 
same  calling,  right  to  recover  dam- 
ages.    1912A-lo9. 

— ^validity  of  statute  requiring  reduced 
rates  for  certain  classes.  2-420;  9- 
1130;  1912C-841. 

Second  fare,  duty  of  passenger  to  pay  to 
avoid    ejection.     1913B-1209. 

Seller  of  railroad  tickets  as  dealer. 
1917A-961. 

State  regulation  of  passenger  tickets  as 
interference  with  interstate  com- 
merce.    7-14;    1916B-326. 

Statutes  relating  to  passenger  tickets  and 
passes,  effect  of  partial  invalidity. 
1916D-85. 


856    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


TICKETS  AND  FARES— Continued. 

Steamship  ticket  limiting  baggage  lia- 
bility,  validity   and   effect.     9-913. 

Street-car  transfers,  prohibition  against 
selling  or  giving  away,  validity  of 
statute  or  ordinance.     11-557. 

— validity  of  rule  with  respect  to  use 
of  transfers.     1916D-586. 

Tender    of   fare    to    carrier    after    refusal 

-to   pay   as  affecting   duty   of   carrier. 

10-941;   1913C-1246. 
— what    is    reasonable    9tim    to    tender    in 

payment      of     fare.     10-642;      18-44; 

1918D-182. 

Through  ticket  sold  by  passenger  carrier, 
liability  for  wrongful  acts  or  omis- 
sions of  connecting  carriers.  3-5; 
1916A-493. 

Ticket  or  pass  fraudulently  procured  or 
under  which  passenger  has  no  right 
to  transportation,  liability  of  railroad 
to  person  riding  on.  7-587;  20-1227; 
1913E-235. 

Time  limit  fixed  by  carrier  of  passengers 
for  use  of  ticket,  effect  upon  rights 
of  purchaser.     6-119;   20-316. 

Worn  or  mutilated  money  tendered  in 
payment  of  fare,  duty  of  carrier  to 
receive.     1912C-642. 

TroE-LANDS. 

See  Waters  and  Watercourses. 


TIDES. 

High    and    low    water    mark,    meaning    of 
term  "ordinary."     17-149. 

Loss    resulting   from   rise   or   fall    of   tide 
as  due  to   act  of  God.     1917A-450. 


TIE  VOTE. 

See  Elections. 

TIMBER. 

See  Trees  and  Timber. 


TIME. 

"About,"  meaning  when  used  with  refer- 
ence to  time.     17-742. 

Acknowledgments,  certifying  authority 
of  officer  taking  acknowledgment 
after  taking  as  sufficient.  191oD- 
1240. 


TIME — Continued. 

Actual  or  conventional  time  as  governing 
transactions  and  proceedings.  9-329; 
1913E-68. 

Age,  time  of  arrival  at  specified  age. 
9-269;    17-906. 

"Any   time,"   legal   meaning.     1916E-90. 

Appeals,  computation  of  time  for  appeal 
or  writ  of  error  as  affected  by  mo- 
tion for  new  trial  or  rehearing.  3- 
630. 

— death  of  judgment  plaintiff  as  affecting 
time   to   appeal.     7-393. 

— notice  of  appeal,  time  for  filing.  9- 
731. 

— validating  appeal  taken  after  time  to 
appeal  has  elapsed,  validity  of  stat- 
ute.    1913D-1261. 

— waiver  of  right  to  notice  of  judgment 
required  to  set  statute  of  limitations 
running  against  right  of  appeal. 
1913B-439. 

"At"  as  word  of  time.     1912B-1075. 

Bankruptcy,  examination  of  bankrupt, 
time    for.     19-1039. 

— period  within  which  preferential  trans- 
fer is  invalid,  construction  of  provi- 
sion computing  from  record  or 
registry   thereof.     1914D-706. 

— time  in  proceedings  when  bankrupt's 
title  to  property  is  divested.     9-544. 

Bills  and  notes,  extension  of  time  of 
payment  or  agreement  to  extend, 
construction.     1918B-lo7. 

Bills  of  review,  time  within  which  bill 
must  be  brought.     6-330. 

Carrier  of  goods  or  livestock,  contract 
limiting  time  to  bring  suit,  validity 
and   effect.     1913E-868. 

— presentation  of  claim,  validity  of  con- 
tract, stipulation  limiting  time.  9- 
17;    14-416;    1914A-231. 

Carriers  of  passengers,  production  of 
ticket  or  payment  of  fare,  duty  of 
carrier  to  give  passenger  time.  20- 
922. 

Contracts  by  correspondence  or  telegrams, 
time  when  offer  and  acceptance  is 
complete.     6-378. 

Conversion,  corporate  shares,  time  as 
factor  in  determining  damages  for 
conversion.     18-608. 

— necessity  for  alleging  time  of  conver- 
sion in  complaint  in  action  for  trover 
and    conversion.     1913A-879. 


TIME. 


857 


TIME — Continued, 

Criminal  law,  accused's  right  to' time  to 
prepare  for  trial  as  waivable.  17- 
522. 

Death,    time    of   death    within   rule    as    to 

presumption     from     absence.     191 7A- 

82. 
Dower,  time  for  assertion  of  wife's  right 

of  dower  on   setting  aside  fraudulent 

conveyance.     15-447. 
Ejectment,    time    as    to    which    judgment 

speaks.     13-1092. 

Elections,  filing  certificate  of  nomination 
under  election  or  primary  law,  con- 
struction of  statute  as  to  time. 
1914A-1135. 

— statutory  provision  as  to  time  of  elec- 
tion as  directory  or  mandatory. 
1913E-371. 

Eminent  domain,  devotion  of  appropriated 
land  to  public  use  as  necessary  within 
reasonable   time.     1915B-993. 

Employment  contract,  time  as  of  essence 
of  contract.     1918D-756. 

Equitable  conversion,  time  of  conversion 
of  realty  ordered  sold  by  court. 
1912A-509. 

— ^will  directing  sale  of  land  at  future 
time  as  affected  by  definiteness  or  in- 
definiteness  of  time  specified.  17- 
643. 

Evidence,  execution  of  written  instrument 
varying  from  expressed  date  as 
showable   by   parol.     1913A-496. 

Extension  of  time,  accommodation  party 
as  discharged  under  negotiable  in- 
struments law  by  extension  of  time 
to   principal   debtor.     1913C-527. 

— attorney's  power  to  extend  time  for 
payment  of  collection.     1913B-1295. 

— mortgagor's  personal  liability  as  re- 
leased by  extension  of  time  to 
grantee  who  has  assumed  mortgage 
debt.     9-259. 

— negotiability  of  promissory  note  as  af- 
fected by  extension  for  time  of  pay- 
ment.    17-55;    1914B-210. 

--•parol  agreement  for  extension  of  time 
of  payment  of  note  as  valid  and 
enforceable.     1914A-103. 

—removal  of  causes  to  federal  court,  ex- 
tension of  time  by  order  of  court 
or   stipulation.     14-268. 

— surety  as  discharged  by  extension  of 
time  to  principal.  5—442;  1914B- 
1080. 


TIME — Continued. 

Federal  statute  superseding  state  statute, 
point  of  time  at  which  operates. 
17-1016. 

fire  insurance,  contract  limiting  time  for 
bringing   suit    after   the   fire.     10-824. 

—  furnishing    proofs    of    loss    within    pre- 

scribed time  as  condition  precedent 
to  action  on  policy.  15-335;  1912C- 
604. 

—  sole   and   unconditional   ownership,   time 

to  which  clause  in  policy  relates. 
7-1155. 

—  time  of  taking  effect  of  policy  as  sub- 

ject to  modification  by  parol  evi- 
dence.    1914C-64. 

Fires,  time  and  distance  traveled  by  fire 
as  element  in  determining  proximate 
cause  of  injury  resulting  from  fire 
set   by   railroad.     3-386. 

Income  tax,  time  of  accrual  under  federal 
statute.     1913C-990. 

Indictment,  blank  date  alleged  for  com- 
mission of  crime,  sufficiency.     19-930^ 

— commission  of  crime  fixed  at  future 
or  impossible  date,  validity  of  indict- 
ment or  information.  6-854;  1913B- 
1043. 

— "on  or  about"  certain  date,  sufficiency 
of  charge  of  commission  of  offense 
at   such   time.     7-775. 

Infants,  disaffirmance  of  contract  after 
majority,  what  constitutes  reasonable 
time.     1917D-413. 

Injunctive  relief  as  dependent  on  condi- 
tions at  time  of  trial  or  time  of  in- 
stituting suit.     1915D-1252. 

Judicial  notice  of  matters  relating  to 
time.     21-350. 

— time  designated  by  abbreviations,  judi- 
cial  notice.     17-495. 

Jury,  time  of  exercise  of  right  of  per- 
emptory   challenge.     19-766. 

Landlord  and  tenant,  designation  of  time 

of    termination   of   tenancy   in    notice 

to   quit   by   tenant.     4-628. 
— return    of    premises    in    condition    they 

"now"     are,     time     referred     to     in 

lessee's  covenant.     15-881. 

Letters,   mailing,    presumption   as   to   time 

of.     19-654. 
— receipt    of    letter,    presumption     as    to 

time.     1917E-1068. 


868    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  19I8E. 


TIME — Continued. 

Lighting  of  street  crossings  by  railroads, 
time  for  under  municipal  ordinance. 
1912D-406. 

Limitations  of  actions,  absence  of  debtor 
from  state  as  applicable  to  nonresi- 
dence  at  time  of  accrual  of  action 
within  exception  in  limitation  statute. 
1912D-467. 

Loss    of   time,    infant's    personal    injuries, 

loss  of  time  as  element  of  damages. 

8-1107. 
— passenger    carried    beyond    destination, 

loss  of  time  as   element   of   damages. 

16-189. 
— property  loss   as  including  loss  of  time 

as  element  of  damages.     17-1080. 

Mandamus,  expiration  of  time  for  assess- 
ment as  affecting  right  to  mandamus 
to  compel  officer  to  act.     1912B-787. 

Mechanic's  lien,  time  for  filing  as  ex- 
tended by  substitution  of  new  ma- 
terials for  those  already  furnished. 
1912C-217. 

Mines  and  minerals,  time  of  determina- 
tion of  mineral  or  nonmineral  char- 
acter  of   public   land.     1912A-1308. 

Municipal  corporations,  lapse  of  time  as 
conferring  taxing  jurisdiction  by  mu- 
nicipality over  certain  locality. 
1913A-1342. 

—time  of  accident,  sufficiency  of  statu- 
tory notice  of  claim  against  munici- 
pality with  respect  to  description  of 
time.     1918E-1026. 

Payment,  application  of  payment,  time 
when  creditor  may  make.     1913E-89o. 

—presumption  of  payment  from  lapse  of 
time  as  rebutted  by  institution  of- 
legal   proceedings.     7-723. 

— promissory  note,  certainty  as  to  time 
of  payment  as  affecting  negotiability. 
1912D-6. 

— right  of  debtor  to  pay  debt  before  ma- 
turity.    17-151. 

Pleading,  appellate  court,  amendment  of 
pleading  to  conform  to  proof. 
1913E-1315. 

— default  judgment,  right  to  amend  plead- 
ing  thereafter.     1913B-481. 

— trial,  amendment  of  pleadings  on  trial. 
5-674. 

— verdict,  amendment  of  ad  damnum 
clause   after  verdict.     1913B-709. 


TIME — Continued. 

Public  officers,  eligibility  to  office  as  re- 
lating to  time  of  election  or  time 
ot   taking   office.     11-950;    20-992. 

— qualification  by  officer,  time  prescribed 
by  statute  as  directory  or  mandatory. 
1915D-412. 

— resignation  of  public  officer  as  effective 
prior  to  time  of  appointment  or  elec- 
tion.    191oC-346. 

Eeasonable  time,  baggage  of  passenger, 
what  is  reasonable  time  to  call  for 
after   arrival.     16-712;    1915B-634. 

— bills  and  notes,  what  constitutes  rea- 
sonable time  for  transfer  of  demand 
note.     1912A-476. 

— boarding  or  alighting  from  train,  duty 
of  carrier  to  allow  passengers  rea- 
sonable time.  7-760;  14-962;  1912C- 
794. 

— check  drawn  on  bank  in  same  place 
as  residence  of  payee,  presentment 
of  check  for  payment  within  reason- 
able  time.     10-1121. 

— consignee's  removal  of  goods  from 
premises  of  carrier,  reasonable  time 
for  removal.     21-531. 

—delivery  of  goods  sold,  reasonableness 
of  time  as  question  of  law  or  fact. 
6-245. 

— infant's  disaffirmance  of  deed,  what 
constitutes  reasonable  time.  1912C- 
778. 

— limitation  of  actions,  reasonable  time 
for  commencement'  of  suit  upon  ex- 
isting causes  as  necessary  to  con- 
stitutionality of  new  limitation  act. 
8-525;    14-352. 

— master's  promise  to  repair,  reasonabl* 
time  for  performance  with  respect  to 
servant's  assumption  of  risk.  1913C- 
511. 

— process,  reasonable  time  for  going  to  and 
returning  from  court  as  applied  to 
privilege  from  service  of  process. 
11-1147. 

— sales,  return  of  goods  under  contract 
of  "sale  or  return,"  reasonableness 
of  time  as  question  of  law  or  fact. 
14-331. 

Receivers,  time  when  right  or  title  of 
receiver  vests.     20-551. 

Bent  payable  at  what  time  of  day. 
1912D-387. 

Eeplevin,  time  for  making  demand  neces- 
sary  to  support   action.     14-815. 


TINNERS. 


859 


TIME — Contimied. 

Kestraint  of  trade,  contract  by  servant 
not  to  engage  in  similar  business  as 
master,  time  as  element  in  determin- 
ing validity.     8-155. 

— =-time  unlimited  with  respect  to  not  en- 
gaging in  particular  business  as  af- 
fecting validity  of  contract.     16-254. 

Specific  performance,  allowance  of  time 
for  perfecting  title  in  suit  for 
specific   performance.     1912A-323. 

— enforceability  of.  contract  on  failure 
of  vendee  to  make  payments  as  de- 
pendent on  whether  time  of  payment 
is  essential   element.     1913D-933. 

Statutes,  "passage  of  act,"  meaning  of 
statutory  terms  applying  to  time  of. 
3-737;   21-989. 

— signing  or  rejecting  bill  passed  by 
legislature,  computation  of  time  al- 
lowed  executive.     6-717;    1912A-801. 

— veto  of  bill,  evidence  of  time  of  veto. 
19-838. 

Stolen  property,  lapse  of  time  as  con- 
ferring   title.     19-751. 

Subscription,  time  of  acceptance  of  sub- 
scription as  affecting  enforceability. 
17-1078. 

Succession  tax  acts,  time  for  taxing  fu- 
ture   estates    thereunder.     5-237. 

Taxation,  correction  of  irregular  tax 
deed  as  affected  by  lapse  of  time. 
1912B-954. 

— 'presumption  of  payment  from  lapse  of 
time.     191oD-186. 

Telegraphs  and  telephones,  claims  for 
damages  or  statutory  penalty,  va- 
lidity of  stipulation  on  telegraph 
blank  requiring  presentation  within 
certain  time.  4-613;  14-192;  1912B- 
520. 

Trees  and  timber,  conveyance  not  specify- 
ing time  for  removal,  rights  of 
grantee.     12-918. 

— ^reservation  of  standing  timber  in  con- 
veyance, time  within  which  timber 
must  be  removed.     6-249. 

Unauthorized  time,  right  to  amend  juris- 
dictional writ  made  returnable  at 
Buch   time.     1913A-556. 

Wages,  validity  of  statute  regulating  time 
of  payment.  9-238;  13-482;  1916B- 
135. 

Wills,  competency  of  attesting  witness 
to  will,  time  as  to  which  competency 
is   to   be   determined.     15-889. 


TIME — Continued. 

— inquiry  as  to  testamentary  capacity, 
time  to  which  should  be  limited.  18- 
905. 

— Elapse  of  time  as  raising  presumption 
of  payment  of  legacy.     2-747. 

— ^nuncupative  will,  statutory  restrictions 
as  to  time  of  making.  3-317;  14- 
1164. 

— ^regularity  of  probate  or  administration, 
presumption  from  lapse  of  time. 
1913A-1038. 

— "then"  in  will  construed  as  denoting 
time.     1913B-321. 

— time  from  which  pecuniary  legacies 
draw  interest  in  absence  of  govern- 
ing provision  in  will.  6-525;  1912B- 
244. 

Witnesses,  memory  affected  by  lapse  of 
time  as  impairing  weight  of  testi- 
mony as  to  oral  statements.     18-1195. 

Computation    of    Time. 

Fractions  of  day  in  computation  of  time. 
2-135;   19140-95. 

"From"  as  word  of  inclusion  or  exclusion 
in  computation  of  time.  15-27 ; 
1918A-924. 

"Half,"  legal  meaning  of  term  "half" 
as  applied  to  year  or  month.  1913E- 
1015. 

Limitation  against  action,  inclusion  of 
day  of  accrual  of  action  in  com- 
puting.    12-58;    1913D-1068. 

Mechanic's  lien,  computation  of  time  for 
filing  lien  as  dating  from  completion 
or  from  acceptance  of  work.  1912A- 
908. 

Sundays  and  holidays,  exclusion  or  inclu- 
sion of  Sunday  or  holiday  in  com- 
putation of  time.  1917E-934,  949, 
952. 

. — performance  of  act  under  court  rule 
where  last  day  falls  on  Sunday,  com- 
putation  of   time   for.     1914B-1036. 

. — statutory  requirement  for  performance 
of  act,  computation  when  last  day 
falls  on  Sunday.     7-325;   20-1318. 

"To,"  meaning  of  word  "to"  in  computa- 
tion of  time.     2-518. 


TINNERS. 

Tinner    as    engaged    in    "trade."     1916A- 
1201. 


860    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


TIPS. 

Anti-tipping  Act,  validity  and  construc- 
tion.    1918D-238. 

Earnings  or  wages,  tips  as  constituting 
part    of.     14-336. 

Workmen's  compensation,  tips  as  part  of 
average  weekly  earnings  or  wages  of 
employee  under  Workmen's  Compen- 
sation Act.     1918B-1122. 


TIRES. 

Width    on    vehicles,    validity    of    ordinance 
fixing  width.     21-1222. 


TITHES. 

Honey    and    wax    of    bees    as    tithable. 
1917B-991. 


TITLE  DEEDS. 

Client's    title    deed,    right    to    compel    at- 
torney to  produce.     1916A-68. 


TITLE  GUARANTY  COM- 
PANIES. 

Abstracts  of  public  records,  right  to  make 
without  payment  to  custodian.  6- 
543. 


TITLE  INSURANCE. 

Law  of  title  insurance.    1914D-637. 


TITLES. 

See   Abstracts   of  Title;    Adverse   Posses- 
sion;  Quieting  Title. 

Agency,  agent  receiving  moneys  or  prop- 
erty, right  to  deny  title  of  prin- 
cipal.    8-570;   13-1184. 

Animals,      ownership      as      evidenced     by 

brands.     12-414;  18-544. 
—offspring,    title    to.     14-338. 

Bailment,  right  of  bailee  to  deny  title  of 
bailor.     19-521;    1918E-1201. 

Bankruptcy,  property  of  bankrupt  in 
foreign  country,  effect  of  assign- 
ment in  bankruptcy  on  title.  21-^ 
1040. 


TITLES — Continued. 

— time  of  divestiture  of  title  of  bank- 
rupt.    9-544. 

Banks,  advancement  of  money  on  se- 
curity of  bill  of  lading  with  draft 
attached,  title  to  goods.     14-1053. 

Bills  and  notes,  instrument  fraudulently 
procured  from  master,  title  acquired 
by  payee  by  repurchase  after  transfer 
to   innocent  third   person.     8-626. 

— retention  of  title  tp  property  pending 
payment  of  note  as  affecting  nego- 
tiability of  note.  14-1129;  20-1333; 
1912D-10. 

Boundary  proceedings,  conclusiveness 
upon  title  to   land.     3-1064. 

Corporations,  ultra  vires  purchase  of  land, 
effect    on    title.     17-529. 

Crops  sown  by  trespasser,  title  to.  21- 
431. 

Deed  given  in  official  cq,pacity,  extent 
of  title  passing.     11-731. 

Evidence,  admissibility  of  acts  or  state- 
ments of  defendant  while  in  posses- 
sion to  show  title  to  personalty  levied 
on  in  execution  or  attachment. 
1914D-690. 

— declarations  or  admissions  of  grantor 
made  while  owner  of  personalty  as 
evidence  of  title  against  grantee. 
1912C-1210. 

— oral  testimony  as  admissible  to  prove 
title  to  personalty  when  written  evi- 
dence   exists.     1914C-118. 

— unprobated  will,  admissibility  to  prove 
title.     1916A-887. 

Fire  insurance,  government  title  as 
breach  of  insurance  condition  of  un- 
conditional ownership.     10-333. 

— reaequisition  of  title  after  sale  as  vio- 
lation of  clause  in  policy  prohibiting 
change  in  title.     1917C-934. 

— sale  and  mortgage  back  of  property 
as  violation  of  condition  as  to  uncon- 
ditional ownership.     12-259. 

— spouse's  title  to  insured  property  as 
violation  of  sole  and  unconditional 
ownership   clause.     1912B-269. 

— vendor's  lien  as  breach  of  uncondi-^ 
tional    ownership    clause.     7-57. 

Husband  and  wife,  jewelry  bought  for 
wife  with  husband's  money,  owner- 
ship  as   between   spouses.     16-508. 


TITLES. 


861 


TITKES — Continued. 

"Interest"  as  including  or  excluding  title, 
when  used  with  respect  to  transfer 
of   property.     1912B-524. 

Joint  adventure,  title  to  property  ac- 
quired by  joint  adventure.  17-1023; 
1912C-202;   1916A-1211. 

Judicial  sale  as  passing  title  of  all  par- 
ties.    1914D-283. 

— title  based  on  adverse  possession,  judi- 
cial sale  as  enforceable  against  pur- 
chaser.    1912D-1179. 

Landlord  and  tenant,  estoppel  of  tenant 
to  deny  landlord's  title  in  action 
to    recover    premises.     1912D-101. 

— ^judgment  against  tenant  affecting  title, 
effect  upon  landlord.     5-61;   19-263. 

— tenant  in  possession  before  leasing,  as 
estopped  to  deny  landlord's  title. 
1913A-1069. 

Libel,  significance  of  title  or  headline  as 
determining  whether  article  is  li- 
belous.    13-375. 

Marketability  of  title  to  realty,  admissi- 
bility of  opinion  evidence.     21-840. 

Partition  allotments,  estoppel  of  pur- 
chaser from  one  allottee  to  deny  title 
of  another   allottee.     1915A-949. 

Patent,  jurisdiction  of  state  court  of 
action  to  determine  title.     1916B-806. 

Probate  court,  jurisdiction  to  determine 
questions  of  title  to  property  be- 
tween   estate    and    stranger.     6-878. 

— questions  involving  incidentally  title 
to  real  estate,  power  of  probate  court 
to   determine.     5-192. 

Public  officers,  mandamus  proceedings  in- 
volving title  to  office,  necessary  par- 
ties   respondent.     2-553. 

— quo  warranto  to  try  title  to  public 
office,  right  of  private  individual 
to  file.     6-464;   13-1063. 

Eeal  property,  assertion  of  paramount 
title  by  one  of  two  parties  deriv- 
ing title  from  common  source.  16- 
652. 

— ^partial  invalidity  of  statute  relating 
to  title  of  real  property,  effect. 
1916D-47. 

Eeceivers,    national   bank    assets,    title   of 

receiver.     1-296. 
— time     when     title     vests     in     receiver. 

20-551;   1916D-604,  613. 


TITLES^Continued. 

Eeplevin,  necessity  of  allegation  as  to 
ownership  in  replevin  complaint. 
11-1150;    1912A-333. 

— right  of  defendant  in  detinue  or  re- 
plevin to  show  title  in  third  person. 
1912D-20. 

— want  of  title  in  plaintiff  as  showable 
under  general  denial  in  replevin.  20- 
298. 

Sales,  article  in  course  of  manufacture 
to  be  paid  for  in  instalments,  passing 
of  title.     10-141. 

— draft  attached  to  bill  of  lading  to 
seller's  order,  effect  on  passing  of 
title   to   goods.     5-263. 

— effect  on  passing  of  title  of  agreement 
by  one  party  to  insure.     1914B-708. 

— ^goods  sold  from  mass,  when  title 
passes.     9-26. 

— reservation  of  title  by  parol  at  time  of 
conditional  sale  of  personalty,  valid- 
ity and  effect.     13-866. 

— successive  deliveries  of  goods,  rescis- 
sion of  contract  on  account  of  non- 
payment of  instalment.  3-901;  11- 
1049;    1913D-1021. 

— Uniform  Sales  Act,  passing  of  title  to 
goods  under  act.     1918D-400. 

"Satisfactory"  to  vendee,  construction  of 
provision  in  executory  contract  for 
sale  of  land.     8-273;  1915C-536. 

Search-warrant  proceedings,  right  to  try 
title  to  personalty.     1014D-172. 

Slander  of  title,  burden  of  proof  in  ac- 
tion for  slander  of  title  to  realty. 
1913C-1362. 

— damages  recoverable  for  slander  of 
title.     21-221. 

— malice  as  essential  element  of  cause  of 
action.     1916D-317. 

— who  may  sue  for  slander  of  title. 
1913C-1360. 

Stock  carried  on  margin,  ownership  as  be- 
tween  broker  and   customer.     14-986. 

Stolen  personalty,  acquisition  of  title  by 
lapse   of  time.     19-751. 

Tax  deed  valid  on  face,  acquisition  of 
title  under.     16-1144. 

Torrens  Acts,  title  of  applicant  for  reg- 
istration under  Torrens  Acts.  12- 
836. 

Trademarks,  title  of  periodical  publication 
as   subject   to.     14-274. 


862    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


TITLES — Continued. 

Trees  or  timber,  title  as  prerequisite  to 
injunction    against    injury.     11-459. 

Trust  deeds,  legal  title  as  vested  by  trust 
deed.     1913A-1049. 

Turnpike,  title  after  expiration  of  fran- 
chise.    13-665. 

Vendor  and  purchaser,  estoppel  of  pur- 
chaser to  deny  vendor's  title.  1912C— 
404. 

— inability  of  vendor  to  make  title, 
measure  of  damages  for  breach  of 
contract  to  sell  land.  2-634;  1917B- 
S58. 

"Warranty  of  title,  assignment  of  chose  in 
action  "without  recourse,"  implied 
warranty.     1912A-925. 

— entry  on  land  under  right  of  eminent 
domain  as  breach  of  warranty  of 
title.     10-1079. 

— implied  warranty  of  title  on  sale  of 
chattels.     16-59. 

— measure  of  damages  for  breach  of  war- 
ranty of  title  on  sale  of  goods. 
7-937;    1912B-1340. 


Title  of   Statutes  and  Ordinmices. 

Constitutional  amendments,  constitutional 
provision  relating  to  title  and  sub- 
ject matter  of  statutes  as  applicable. 
1916B-1004. 

Construction  of  constitutional  provision 
relative  to  title  of  statutes.  1-584; 
1915A-79. 

Intoxicating  liquor  law,  validity  under 
constitutional  provision  as  to  title  and 
subject  matter  of  statutes.     20-323. 

Laundries,  sufficiency  of  title  of  act  regu- 
lating.    21-982. 

Municipal  ordinance,  necessity  that  title 
fully  express  subject  matter.  1912C— 
192. 

Penalty  or  punishment  not  mentioned  in 
title,  validity  of  statute.     1912D-157. 

Title  broader  than  act  itself  as  affecting 
validity  of  statute.     1912A-102. 


TO. 

Meaning  of  word  in  computation  of  time. 
2-518. 


TOBACCO. 

Advertising,  prohibitory  statutes.  1916A— 
905. 

Cigarettes,  importation,  right  of  state  to 
prohibit.     9-360. 

— smoking  cigarettes,  validity  of  statute 
or    ordinance    forbidding.     1912D-191. 

— what  are  cigarettes.     14-934. 

Seller  of  tobacco  as  "dealer."     1917A-953. 

Smoking  in  public  place,  validity  of  stat- 
ute or  ordinance  forbidding.  1915A- 
1058. 

Tobacco  as  food.     1913E-1293;  1917A-181. 

Trademark  or  trade  name  as  infringed  by 
similar  name.     1915B-346. 


TOBACCO  FACTORY. 

Nuisance  arising  from  operation.     20-732. 

TOES. 

Injury  to  toes,  inadequacy  of  verdict. 
1916B-441,  450. 

t 

TOILET  PREPARATIONS. 

Alcohol  content  as  bringing  toilet  prepa- 
ration within  purview  of  intoxicating 
liquor  statute.     13-638;  1917C-909. 

TOILET-ROOMS. 

Carrier's  duty  to  provide  for  passengers. 
1916A-408. 

Public  lavatory  constructed  in  street  as 
nuisance  or  as  entitling  abutting  owner 
to  damages.     1918D-906. 

Wash  room  for  employees,  validity  of 
statute  requiring  master  to  furnish. 
1915D-991;    191SE-622. 

TOLL-GATES. 

Meaning  of  word  "near"  with  respect  to 
location.     1913I>-121. 

TOLL  ROADS  AND 
BRIDGES. 

Bridges,  collection  of  tolls,  right  of 
county^  or  other  municipality  to  col- 
lect on  bridge  under  its  control. 
1914D-515. 


TOLLS— TORTS. 


863 


TOLL  BOADS  AND  BRIDGES— Con- 
tinued. 

— compensation  payable  on  purchase  of 
toll  bridge  by  municipality.  1915B- 
1180. 

— safe  condition  for  travel,  duty  of  pro- 
prietor with  respect  to  toll  bridge. 
11-1198. 

"Highways"  or  "public  highways,"  term 
as  including  toll  roads.     17-804. 

Purchase  by  municipality,  special  elements 
of  value  in  determining  compensation 
payable.     1915B-1179. 


TOLLS. 

Bridges  under  control  of  county  or  other 
municipality,  right  to  collect  tolls. 
1914D-515. 

Taxation  of  vehicles  for  privilege  of  using 
municipal  streets  as  in.  nature  of  toll. 
5-908. 


TOMBSTONES. 

Bequest    for    purchase    or    care,    validity. 
15-606. 

Contract    to    make    tombstone    as    within 
statute  of  frauds.     10-309. 

Liability  of  decedent's  estate  for  cost  of 
monument    or   tombstone.     1917B-2o6. 

Monument,   meaning   of  term  as  used  in 
will.     19-1158. 

Sum  appropriated  in  will  for  tombstone  as 
subject  to  succession  tax.     17-853. 


TOOLS — Continued. 

Exemption  statute,  meaning  of  term 
"necessary"  as  applied  to  tools. 
1918B-176. 

Furnishing  tools  as  test  of  independence  of 
contractor.     19-19. 

Inspection  by  master,  duty  as  to  common 
or    simple    tools.     7-342;    1912A-1004. 

Mechanic's  lien,  right  of  one  who  rents 
tools  for  use   by    contractor.     15-383. 

— tools  for  construction  work  as  "mate- 
rials" for  which  mechanic's  lien  may 
be   had.     1912B-227,-    1915B-966. 

Negligence  of  fellow-servant  in  selecting 
from  supply  provided,  liability  of 
master.     2-909. 

Vehicle  as  "tool*'  within  exemption  stat- 
ute.    1917D-96. 


TORNADOES. 

Appropriation  of  public  money  for  relief 
of  sufferers,     1-936. 

Storm  contemplated  by  policy  of  cyclone 
or  tornado  insurance.     1913A-272. 


TORPEDOES. 

Duty  and  liability  of  master  to  servant 
with  respect  to  use  of  railroad  tor- 
pedoes.    19-1097. 

Person  other  than  servant  of  railroad 
company  injured  by  railroad  torpedo, 
liability  of  company.     1914C-1101. 


TONTINE  POLICY. 

Eelation  between  insured  and  insurer 
under  tontine  policy  as  fiduciary  in 
nature.     1915B-638. 


TORRENS  ACTS. 

Validity     and     proceedings     under     act. 
12-834;  1913C-871;  1918E-184. 


TOOL-HOUSE. 

Burglary,  description  in  indictment,  suffi- 
ciency.    1913D-875. 


TOOLS. 

Baggage  of  passenger,  tools  as  constitut- 
ing.    21-735. 

Deadly  weapon,  tool  as.     1912A-1333. 

Employee  stopping  work  to  obtain  tools 
as  affecting  relation  of  master  and 
servant.     191SA-1197. 


TORTS. 

1.  In  General. 

2.  Who   Liable. 

3.  Joint  Tort-feasors. 

See   Municipal   Corporations;    Negligence. 

1.     In  General. 

Act  lawful  in  itself  not  rendered  unlawful 
by  malicious  motive.  1-250;  16-810; 
1912D-79S;   1916C-438. 

Admiralty    jurisdiction    in    tort.     13-1216. 


864    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


TORTS — Continued. 

Agency,  right  of  action  of  principal  or 
agent  for  torts  of  third  person. 
1915B-1297. 

Attorneys,  lien  as  extending  to  action  for 
tort.     1917r)-917. 

Bankruptcy,  discharge  of  bankrupt  as 
affecting  judgment  for  wilful  and 
malicious  injuries  to  person  or  prop- 
erty.    3-169;    12-1011;    1917A-212. 

—right  of  action  of  bankrupt  for  tort  as 
asset  in  bankruptcy.     12-940. 

— unliquidated  claims  for  tort  as  provable 
in    bankruptcy.     9-448. 

Burden  of  proof  in  civil  case  based  on 
criminal  act.     2-73. 

Carrier  of  goods,  contract  fixing  value  as 

valid      limitation      on  liability      for 

affirmative      wrongful  act.     12-1133; 
1913D-990. 

Conflict  of  laws  as  to  elements  of  dam- 
ages in  actions  for  tort.     4-524. 

Confusion  of  goods,  measure  of  damages 
for  tortious  confusion.  1913E-665; 
1918A-740. 

Conspiracy,  separate  tortious  acts  in  pur- 
suance of  conspiracy  as  giving  rise  to 
single    cause    of    action.     1915B-1014. 

Contributory  negligence  as  defense  to  ac- 
tion  for  wilful   wrong.     1912A-493. 

Corporations,  equitable  jurisdiction  of 
suits  against  corporate  directors  or 
officers   for  wrongful   acts.     7-1121. 

— right  of  corporation  or  stockholders  to 
recover  amount  of  damages  paid  by 
corporation  for  tort  of  officers. 
1913C-375. 

Counterclaim  for  tort  in  action  for  tort. 
3-486;  1917D-114. 

Damages,  special  damages  properly 
pleaded  consisting  of  liability  in- 
curred but  not  paid,  right  to  recover 
in  action  for  tort.     1913D-761. 

Destruction  of  property  of  another  in 
order  to  save  one's  own,  right  of  in- 
dividual.    1914A-993. 

Equity  jurisdiction,  on  ground  of  multi- 
plicity of  suits,  of  several  actions  for 
damages  on  account  of  same  tort. 
16-694;   1914B-697. 

Evidence,  admission  of  liability  made  in 
offer  of  compromise  as  admissible  in 
evidence  in  action  for  tort.  1918E- 
447. 


TOETS — Continued. 

— rule  excluding  testimony  relating  to 
transaction  with  decedent  as  applica- 
ble to  action  ex  delicto.     1918B-9S. 

Frauds,  statute  of,  plea  of  statute  as 
available  to  tort-feasor  not  a  party  to 
the  contract.     21-1390. 

Hotel  premises  maintained  in  unsafe  con- 
dition as  constituting  tort.     15-925. 

Imprisonment  for  debt,  civil  liability  for 
tort  as  debt  within  constitutional  pro- 
vision against  imprisonment.  20- 
1344;    1917D-841. 

Infants,  right  of  action  of  unemaneipated 
child  for  tort.     3-3. 

Interest  as  element  of  damages  in  action 
for  tort.     1-763. 

Interference  with  contract  relations,  civil 
liability  for.  2-441;  3-741;  11-332; 
1912B-1162;   1916E-608. 

Joinder  and  splitting  of  claims  for  injury 
to  person  and  property  arising  out  of 
single  tort.     3-4G4;  1912D-256. 

Limitation  of  actions,  bar  of  statute 
against  action  ex  delicto  as  remov- 
able by  new  promise.     11-180. 

—running  of  statute  as  beginning  from 
date  of  act.     13-697. 

Misjoinder  of  defendants  in  actions  of 
tort,  effect.     14-1142. 

Physicians  and  surgeons,  malpractice  ac- 
tion as  based  on  contract  or  tort. 
1912D-866. 

Public  officer,  proper  county  for  place  of 
trial  of  action  against  for  tort. 
1912C-345. 

Eailroads,  statutes  regulating  liability  for 

torts    as   interference    with    interstate 

commerce.     7-10. 
Eefusal    to    permit    person    to    visit    sick 

relative  or  to  attend  relative's  funeral, 

liability.     1914A-1248. 

Release  of  damages  for  tort,  right  of  in- 
fant to  repudiate.  12-689;  1914A- 
997. 

Waiving  tort  and  suing  in  assumpsit. 
1913D-22S;   1915C-1135. 

2.     Who  Liable. 

Agricultural  board  or  society,  liability  in 

tort.     1914B-1295. 
Carriers   of  passengers,  liability  of  initial 

carrier  for  wrongful  acts  or  omissions 


TORTS. 


865 


TORTS — Continued, 

of    connecting   carriers.     3-5;    1916A- 
493. 

Corporations,  liability  of  stockholder  for 
corporate  debts  as  including  claim  for 
torts.     19-138. 

— personal  civil  liability  of  officer  or  di- 
rector to  person  injured  by  wrongful 
act  of  corporation.     1913D-1058. 

— purchase  of  property  of  another  corpo- 
ration as  rendering  purchasing  corpo- 
ration liable  for  its  torts.  1915A-549. 

Drainage  or  similar  district,  liability  for 
tort.     15-908;   21-958, 

Tire  insurance  patrol,  liability  for  torts. 
16-1222;    1917E-684. 

Bomestead  entryman  committing  tort 
prior  to  patent,  liability  as  exempted 
under  federal  statute,     1912D-287. 

Hospitals  and  asylums,  personal  liability 
of  officer  or  employee  for  tort. 
1915D-775, 

Husband  and  wife,  dogs,  liability  of 
spouse  harboring  dog  of  other  spouse 
for  injuries  caused  by  it.     1914B-608. 

— husband's  liability  for  voluntary  torts 
of  wife.  9-1225;  16-378;  1913D-997; 
1915D-1206. 

— wife's  liability  for  torts  of  her  agent. 
21-875, 

Independent  contractor  engaged  in  street 
improvement,  municipal  liability  for 
acts.     16-433;  1914A-71. 

Infants,  liability  of  infant  master  for  tort 

of  servant.     1916A-962. 
— play,    liability    of    infant    for    injuries 

caused  while  at  play.     1912C-177. 
— tort   connected  with   or  growing   out  of 

contract,  liability   of  infant,     1913A— 

970, 

Innkeepers,  insult  or  indignity  to  guest, 
liability    for.     1918E-255. 

Insane  persons,  liability  of  institution  of 
which  insane  person  is  inmate  for  his 
torts.     12-829. 

— lunatic's  liability   for  torts.     21-1352. 

— principal  or  master  as  liable  for  tor- 
tious acts  of  insane  agent  or  servant. 
4-135. 

Landlord    and    tenant,    action    of   tort    on 
landlord's     agreement     to     repair.     3- 
835;   13-171;   1915D-832, 
Index  to  Notes — 55 


TORTS— Continued. 

Master  and  servant,  joint  action  against 
master  and  servant  for  torts  of  ser- 
vant.    10-756. 

Municipal  liability  for  tort  committed  in 
cleaning  streets  or  in  removal  of  gar- 
bage, ashes  or  other  refuse.  1916C- 
242;   1918D-834. 

Parent  and  child,  automobile  driven  by 
child,  liability  of  parent.  10-732; 
12-972;  1914C-10S7;  1916A-661. 

— liability  of  parent  for  torts  of  minor 
child.     11-367;   1912A-585. 

Partnership,  liability  of  partners  as  joint 
and  several  for  partnership  tort. 
1914A-802, 

Prison  officer,  personal  liability  to  con- 
vict for  tort.     1915D-964. 

Keceivers,  right  of  action  against  receiver 
for  tort  committed  by  corporation  or 
partnership  prior  to  his  appointment. 
1912A-589;   1918E-263. 

Eeligious  institution,  liability  of  head  for 
torts   of   subordinates.     1915B-1234, 

Soldier  or  militiaman,  civil  liability  for 
torts.     1917C-8,  29,  32. 

State,  liability  for  acts  of  its  officers, 
1913E-1038. 

Teacher,  liability  for  corporal  punishment 
of  pupil  in  excessive  or  unreasonable 
manner,     12-357, 

Tenants  in  common,  liability  for  tort. 
1915C-1144. 

Trade  unions,  liability  for  acts  of  agents. 
5-601. 

Trusts,  liability  of  trust  estate  for  torts 
of  trustee,     19-387. 


3.    Joint  Tort-feasors, 

Action  between  joint  tort-feasors  on  claim 
satisfied  by  and  assigned  to  one  of 
them.     9-519, 

Contribution  between  tort-feasors.  2- 
528;  1913B-93S, 

Indemnity  between  joint  tort-feasors, 
right  to  under  contract  between  them. 
21-122. 

Eelease  of  joint  tort-feasor,  effect.  1- 
63;    11-397;    1913A-270. 

— joint  tort-feasor  not  actually  liable,  ef- 
fect  of   release,     8-1042;    12-1065. 


866    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


TORTS — Continued. 

JBes  judicata,  unfavorable  judgment  in  ac- 
tion against  joint  tort-feasor  in  one 
state  as  bar  to  action  against  other 
tort-feasor  in  another  state.  IQISE- 
882. 

Verdict,  validity  and  effect  of  several 
verdict  against  joint  defendants.  12- 
534. 

Judgment  or  verdict  rendered  against 
joint  tort-feasors,  power  of  court  to 
eet  aside  or  reverse  as  to  part  of 
them.     19-797. 


TOTAL  DESTRUCTION. 

Meaning  of  term  in  lease.     1913A-1100. 


TOTAL  DISABILITY. 

Accident  insurance,  construction  of  "total 
disability"  clause  in  policy.  7-815; 
21-1031;  1918C-113. 

Excessiveness  of  verdict  for  total  disabil- 
ity in  action  for  personal  injuries. 
1916C-916. 

Workmen's  compensation,  total  disability 
under  act.     19156-1000;  1917E-240. 


TOWAGE. 

Bridge  injured  by  vessel  in  tow,  liability 
of  tug.     1917B-940. 

Collision  of  tow  with  another  vessel,  lia- 
bility.    19-301;   1915D-58S. 

Duty  of  tug  to  tow  with  respect  to  equip- 
ment of  tug.     1914A-55. 

TOWNS. 

See  Municipal  Corporations. 

Attorney's  lien  on  town  order  in  his  pos- 
session     connected     with     litigation. 
,    1917D-150. 

Bridges,  maintenance  and  operation,  lia- 
bility of  town  in  respect  to.     15-835. 

Certiorari  to  review  highway  proceedings, 

right  of  town  to  bring.     18-669. 
"dtj"  as  including  town.     1914B-215. 

Defects  in  highways  within  jurisdiction, 
Uability.     9-1156;   11-943. 

Division  of  territory  by  legislatures,  time 
of  apportionment  of  assets  or  liabili- 
ties  of   towns.     18-324. 


TOWNS— Continued. 

Quarantined  persons,  liability  for  expenses 
of.     5-234. 

Streets  and  highways,  extent  of  street  or 
highway  which  municipality  is  under 
duty  to  keep  in  repair.     13-282. 

— injuries  to  employee  caused  by  negligence 
of  officer  in  repairing  public  highway, 
liability  of  town.     1914A-558. 

Salary  of  officer  overdue,  right  to  recover 
interest  thereon.     1914D-408, 

"Town"  as  limited  to  incorporated  town. 
1914D-230. 

"Village"  as  synonymous  with  town. 
191SD-264. 

TOWNSHIPS. 

See  Towns. 


TOY  PISTOL. 

Injury  to  child,  liability  of  seller  in  dam- 
ages.    1913C-804. 


TOYS. 

Trademark  or  trade  name  as  infringed  by 
similar  name.     1915B-348. 


TRACK  INSPECTOR. 

Track  inspector  as  fellow-servant  of  other 
railroad   employees.     13-274. 


TRACKS. 

Meaning  of  "track"  as  applied  to  railroad 
in  statute  or  ordinance.    1918E-234. 

Eemoval  of  railway  tracks  as  establishing 
abandonment  of  right  of  way.  11- 
771. 

"Eight  of  way"  as  including  railroad 
tracks  and  improvements.  1918D- 
1049. 

Walking  on  street  railway  track  as  con- 
tributory negligence.     10-947. 


TRACTION  ENGINES. 

Use  of  highway  by  traction  engine.     15- 
1074;  1917E-798. 


TRADE— TRADEMARKS  AND  TRADE  NAMES. 


867 


TRADE. 

Carrying  on  trade  as  witliin  prohibition 
of  Sunday  law  against  "labor"  or 
"labor    or  work."     1913D-799, 

Conspiracy  to  injure  trade  or  business  of 
another.     1-508. 

— sufficiency  of  allegations  of  indictment 
as  to  object  and  means  of  accomplish- 
ing conspiracy  to  injure  another'a 
trade.     21-44. 

Insurance  company  as  engaged  in  trade. 
1913B-979. 

Nuisance    caused    by    noise    arising    from 

trade.     4-378. 
— ^prescriptive    right    to    maintain    pnblie 

nuisance  arising  from  offensive  trade. 

17-792. 

Occupations  embraced  in  word  "trade." 
1916A-1198. 

Eight  of  corporation  to  practice  trade  for 
which  license  is  required.  12—674; 
19-8S2. 

Soliciting  trade  on  premises  or  trains  of 
passenger  carriers,  validity  of  statute 
prohibiting.     18-867. 

TRADE  FIXTURES. 

See   Fixtures. 


TRADEMARKS  AND. 
TRADE  NAMES. 

1.  In  General. 

2.  Infringement. 

3.  Actions  and  Defenses. 

1.    In  General. 

Article  on  which  patent  has  expired,  right 
to  protection  against  unfair  competi- 
tion.    20-860. 

Assignability  of  trademarks  and  trade 
names.     2-218;    1917A-260. 

Associations,  right  of  unincorporated  be- 
nevolent, fraternal  or  social  organiza- 
tion to  protection  in  use  of  its  name. 
1918A-245. 

"Crime"  for  which  witness  may  be  im- 
peached, trademark  violation  as  con- 
stituting crime.     1916A-277. 

Descriptive  words,  names  consisting  of 
mere  corruptions  as  valid  trademarks, 
9-763. 


TRADEMARKS  AND  TRADE  NAMES— 

Continued. 

Foreign   trademarks,   treaty  provisions   as 
affecting  rights.     5-561. 

Periodical  publication,  title  as  subject  of 
trademark.     14-274. 

Taxation,  trademarks  as  subject  to.     18- 
1159. 

Territorial  extent  of  rights  in  trademarks 
or  trade  names.     5-560;  1914C-931. 


2.    Infrlngeme(nt. 

Color,  use  as  infringement  of  trademark  or 
unfair  competition.     18-1034. 

Corporate  name  similar  to  that  of  other 
corporation,  right  of  corporation  or- 
ganized for  purposes  other  than  pecu- 
niary profit  to  use.  1912A-825; 
1913E-642. 

Fraudulent  intent  as  necessary  element  of 
unfair  competition  or  infringement  of 
trade  name.     3-32. 

Geographical  name,  use  as  unfair  competi- 
tion.    10-71;  1915A-543. 

Manufacture  and  sale  of  parts  of  article 
made  by  another  as  unfair  competition. 
13-650. 

Personal  or  corporate  trade  name,  use  as 
unfair  competition.  2-415;  7-806;  16- 
596;  1918A-229. 

Similarity  of  name  as  constituting  in- 
fringement of  trademark  or  trade 
name.     1915B-327. 


S.    Actions  and  Defenses. 

Accounting  for  damages,  power  of  court  to 
decree  in  action  to  enjoin  unfair  com- 
petition or  infringement  of  trademark. 
20-59. 

Collateral  misrepresentations  as  to  trade- 
mark or  trade  name  as  bar  to  relief 
for  infringement.     14-843. 

Exemplary  damages  for  infringement  of 
trademark,   right   to.     1913A-3o5. 

Jurisdiction  of  suit  for  infringement  of 
trademark.     15-220. 

Loss  of  right  to  relief  against  infringe- 
ment of  trademark  or  trade  name  by 
acquiescence,  laches  or  delay.     18-459. 

Misrepresentation  of  quality  by  owner  of 
trademark  as  depriving  him  of  relief 
for  infringement.     13-834. 


868    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


TRADE  SECRETS. 

Duty  of  servant  with  regard  to  those  of 
master.  17-144;  1914C-631;  1918G- 
1026. 


TRADE  TRUSTS. 

See  Monopolies. 

TRADE  UNIONS. 

Agreement  between  labor  union  and  em- 
ployer, effect  on  rights  of  member  of 
union.     1915B-101. 

Coercion  of  employers  by  threat  to  strike 
as  unlawful  act.     3-974. 

Discharge  of  union  employees,  validity  of 
laws  prohibiting.     1-939;  13-773. 

Employment  of  union  labor  only,  validity 
of  contracts  stipulating  for.  5-285; 
21-213. 

Pine  imposed  by  labor  union  as  unlawful. 
6-851. 

Injunction  against  labor  union  as  subject- 
ing individual  members  to  liability  for 
criminal  contempt  for  violation  of 
terms.     3-28. 

— right  of  nonunion  employees  to  enjoin 
strike  by  union  coemployees.  1913D- 
369. 

Rules,  validity  of  rule  as  affecting  third 
person.     1918D-653. 

Wrongful  conduct  of  agents,  liability  of 
labor  union.     5-601. 


TRADING. 

Labor  within  prohibition  of  Sunday  law, 
trading  as  constituting.     1913D-799. 


TRADING  PARTNERSHIP. 

Distinction     between     trading     and     non- 
trading  partnership.     1916A-206. 

Fictitious  partnership  name,  what  is.     10— 
812. 


TRADING  STAMPS. 

Constitutionality  of  laws  prohibiting  trad- 
ing stamps.  1-48;  2-302;  3-882;  6- 
450;  1915A-375;  1916A-212;  1917B- 
464;  191SD-713. 


TRADING  VOTES. 

Public  officer,  trading  votes  misconduct  in 
office.     1915A-1148. 


TRADING  WITH  ENEMY 
ACT. 

Bights  and  liabilities  of  alien  enemies  as 
to  contracts  and  property.  1918C- 
709,  741. 

TRAFFIC  CONTRACTS. 

Validity  of  contract  of  railroad  impairing 
ability  to  serve  public.     1915C-465. 


TRAILER. 

street  railways,   term   "car"  as  including 
trailer.     1914D-47. 


TRAIN-DISPATCHER. 

Fellow-servant  of  other  railroad  employees. 
9-788. 

TRAINMEN. 

Federal  Employers'  Liability  Act  as  pro- 
tection of  employees  operating  trains. 
1914C-165;   1918i8-58. 


TRAINS. 

See  Carriers  of  Passengers;  Railroads. 

Service  to  be  furnished  by  railroad,  valid- 
ity of  regulation  of  extent  of  train 
service.     1917B-1217. 

Sunday  trains,  validity  of  order  of  Public 
Service  Commission  requiring.  1917B- 
1205. 

What  constitutes  train  within  federal 
Safety  Appliance  Act.     1915C-671. 

TRAIN  SHEETS. 

Running  time  of  trains,  train  sheet  as  evi- 
dence.    1912B-372. 


TRAMROADS. 

Public   use   supporting   condemnation    pro- 
ceedings for  tramroad.     14-905. 


TRANSACTIONS  WITH  DECEDENTS— TREASON. 


869 


TRANSACTIONS  WITH  DECE- 
DENTS. 

See  Witnesses. 


TRANSCRIPT. 

Court  proceedings,  transcript  as  privileged 
from  inspection.     1916C-876. 


TRANSFERS. 

street  railways,  incorrect  transfer,  rights 
and  duties  of  passenger  receiving. 
1-392;  6-943,  946;  10-277. 

— selling  or  giving  away  street-car  trans- 
fers, validity  of  statute  or  ordinance 
prohibiting.     11-557. 

— validity  of  rule  of  street  railway  with  re- 
spect to  use  of  transfer.     1916D-o86. 


TRANSFER  TAXES. 

Residence    in    jurisdiction    within    taxing 
statute,  what  constitutes.     1917B-733. 


TRANSIENT  MERCHANTS. 

See  Hawkers  and  Peddlers. 

Discrimination  against  nonresidents. 
1918E-114. 

State  or  municipal  regulation.     1917E-50o. 

TRANSMISSION   OF   MESSAGES. 

6ee  Telegraphs  and  Telephones. 

TRANSPORTATION. 

See  Carriers. 

Independent  contractors  as  tested  by  char- 
acter of  employment.  19-26;  1918C- 
627. 

Intoxicating    liquors,    state    regulation    of 

transportation.     1917A-622. 
— validity  of  statute   prohibiting  bringing 

liquor  into  prohibition  territory.     14- 

569;  1917A-740. 

Mechanics'  liens,  right  to  lien  for  transpor- 
tation of  materials  to  be  used  in  con- 
nection with  improvement.  1916E- 
1030. 

Pupils  to  and  from  school,  validity  and 
construction  of  provisions  for  trans- 
portation.    1912C-762;     1916A-269. 


TRANSPORTATION— Continued. 

— power  of  legislature  with  respect  to  ex- 
penditure of  school  fund  for  trans- 
portation.    1917C-925. 

Workmen's  Compensation  Act  as  applica- 
ble to  employment  in  connection  with 
transportation  of  goods.     1917D-28. 


TRAVELERS. 

Carrying  concealed  weapons,  who  is  trav- 
eler within  exception  of  statute.  £1- 
448. 

Sale  of  liquor  on  Sunday  in  hotel,  who  is 
"traveler"  within  statute  permitting 
sale.     17-817. 


TRAVELING. 

Accident  insurance,  meaning  of  term  in 
policy.     1913A-841. 

Eestriction  in  insurance  contract  as  to 
travel  by  insured,  construction  of. 
1917A-381. 

Sunday  laws  as  applicable.     16-410. 


TRAVELING  EXPENSES. 

Agency,  power  of  agent  to  bind  principal 
for  traveling  expenses.     1917C-840. 

Public  officers,  meaning  of  "necessary 
travel"  or  "necessarily  traveled"  as 
used  with  respect  to  mileage  allow- 
ance.    1918D-934. 


TRAVELING  SALESMAN. 

Agent  for  service  of  process  on  foreign  cor- 
poration within  statute  therefor.  19- 
202;  1914D-987. 

Authority  to  make  binding  contract  of 
sale.     1912B-356. 

Carrying   side   line  as  breach   of   contract. 

1918C-952. 

Collection  of  accounts,  authority -as  to.  7- 
650;  14-858. 

Drummer's  samples  as  baggage.     6-828. 


TREASON. 

Adherence  to  enemies,  etc.,  what  consti- 
tutes within  law  of  treason.  1917D- 
479. 


&70    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


TREASON — Continued. 

Aliens,  treason  by  domiciled  alien.     8-77. 

Decree   by   court,  power  of  legislature  to 
annul.     2-241. 

;  Malicious  prosecution  upon  charge  of  trea- 
son, excessiveness  of  verdict.  1916C— 
263. 


TREASURERS. 

Loss  of  public  funds,  liability  of  officer. 

1914C-492. 
Treasurer    of    municipality    as    municipal 

officer.     1914D-1238. 


TREASURE-TROVE. 

Mutual  rights  of  joint  finders.     15-1160. 
Eight  of  finder  to  property  found.     1-4; 
11-707. 


TREATIES. 

Alien  enemy,  right  to  sue  as  affected  by 
treaty.     1918C-720. 

Decedents'  estates,  rights  and  duties  of 
consul  with  respect  to.  1913D-654; 
1916D-238;  1918A-933. 

Extradition,  crimes  for  which  fugitive  is 
triable.     10-639. 

"Person,"  as  including  private  corporation. 
20-748. 

Real  property  inheritance  by  aliens  as 
affected  by  treaties.     1912A-1100. 

Self -executing  effect  of  treaty  as  supreme 
law  of  land.     1915C-967. 

■  Succession  tax  in  case  of  transfers  to 
aliens  as  dependent  on  treaty. 
1912A-857. 

Trademark  rights  as  affected  by  treaty. 
5-561. 


TREES  AND  TIMBER. 

1.  In  GeneraL 

2.  Statutory  and  Municipal  Regulation. 

3.  Sale  or  Reservation  of  Rights. 

4.  Injury  or  Conversion. 

1.    In  GeneraL 

Adjoining  land  owners,  rights  with  re- 
spect to  tree  on  or  overhanging 
boundary  line.     1918B-1157,  1171. 


TREES  AND  TIMBER— Continued. 

Attachment  of  logs  or  lumber,  what  is 
sufficient  levy.     1916B-994. 

Condemnation  of  right  to  cut  or  remove 
trees  near  right  of  way,  right  of  elec- 
tric company.     1914C-271. 

Dower  lands,  right  of  widow  to  cut  tim- 
ber.    20-972. 

Fall  of  tree  growing  on  highway,  liability 
of  municipality  for  injuries  caused. 
16-835;    1913A-787. 

Felling  tree,  liability  of  master  to  servant 
for  injuries  received.     20-249. 

Fire  insurance,  standing  timber  as  "prop- 
erty" within  meaning  of  policy.  6- 
569. 

Floating  timber,  liability  of  one  using 
stream  for  resulting  injuries  to  ri- 
parian owner.     10-235;  1918A-732. 

Fruit  growing  on  trees,  crop  as  realty  or 
personalty.     1912C-736. 

Malicious  prosecution  on  charge  of  statu- 
tory offense  relating  to  timber,  ex- 
cessiveness or  inadequacy  of  verdict. 
1916C-261. 

Nursery  stock,  implied  warranty  on  sale. 
1913E^93. 

Partition  of  standing  timber,  right  to. 
1912D-587. 

"Timber,"  meaning  of  term.     19-1051. 


2.  Statutory  and  Municipal  Regulation. 

"Adjacent"  public  lands,  meaning  under 
statute  permitting  railroad  to  cut 
timber.     1913B-170. 

Cutting  of  trees  on  private  land,  right  of 
state  to  restrict  or  regulate.     13-749. 

Diseased  fruit  trees,  validity  of  statute 
providing  for  destruction.  1917E- 
220. 

Federal  Timber  Cutting  Act,  meaning  of 
"domestic  purposes"  as  used  therein. 
1912B-621. 

Forestry  legislation,  validity  and  construc- 
tion. 1917A-5,  38,  40,  46;  1918E- 
709. 

License  tax  imposed  on  owner  of  premises 
for  extracting  turpentine  or  cutting 
timber,  validity.     191S'A-678. 

Shade  trees,  power  of  municipality  to  re- 
move from  streets.  1-785;  16-642; 
1913C-1013. 


TRENCHES— TRESPASS. 


871 


TREES  AND  TIMBER— Continued. 

Sidewalks,  right  of  municipality  to  use 
or  permit  to  be  used  part  of  sidewalk 
for  planting  trees.     1912D-1236. 

Workmen's  compensation,  employment  in 
forestry  service  as  within  purview 
of  act.     1917D-23. 


3.  Sale  or  Beservatlon  of  Eights. 

Contract  of  sale  of  trees  for  future  de- 
livery, anticipatory  breach  of  con- 
tract by  vendee,  measure  of  damages. 
1913C-765. 

Frauds,  statute  of,  contract  for  cutting 
and  delivery  of  timber  as  within 
statute.     19-1301. 

— sale  of  growing  trees  as  sale  of  interest 
'  in  land  within  statute  of  frauds. 
9-192;  18-971;  1916A-243. 

Eemoval  of  timber,  rights  of  grantee  un- 
der conveyance  not  specifying  time 
for  removal.    12-918. 

Reservation  and  exception  of  standing 
timber  in  deed,  distinction  between, 
18-801. 

Sale  of  standing  timber,  right  to  remove 
and  cut  after  expiration  of  time  speci- 
fied in  contract.     4-1030;  12-731. 

Standing  timber  reserved  in  conveyance 
of  land,  time  within  which  must  be 
removed.     6-249. 


4.    Injury   or  Conversion. 

Conversion  of  trees  severed  from  realty, 
forum  in  which  action  must  be 
brought.     3-344;    21-1314;    1913E-597. 

Gas  company,  liability  for  injuring  trees. 
19140-362. 

Injunction  to  prevent  injury  to  trees.  11- 
456. 

Leased  premises,  liability  of  third  person 
to  landlord  for  injury.     1912D-123. 

Measure  of  damages  for  injury  or  de- 
struction of  standing  trees.  15-916; 
1912A-919. 

Moving  buildings,  liability  for  injury  to 
trees.     1917C-80. 

Telegraph,  telephone,  electric  light  or 
trolley  company,  liability  for  injury 
to  trees  of  abutting  owner.  2-642; 
12-251. 


TRENCHES. 

Independent  contractors,  person  contract- 
ing to  dig  trenches  for  water  mains 
as  independent  contractor.  1918C- 
655. 

Sliding  rock  or  earth  in  trench,  liability 
of  master  for  injuries  to  servant.  7- 
301;  21-708. 


TRESPASS. 

1.  In  General 

2.  Wliat  Constitutes  Trespass. 

3.  Bights  of  Trespasser. 

4.  Bemedies. 

5.  Damages. 

6.  Trespassing  Animals. 

1.    In  General 

"Crime"  for  conviction  of  which  witness 
may  be  impeached,  trespass  as. 
1916A-277. 

"Joint  trespassers"  as  including  joint 
libelant.     1-875. 

Malicious  prosecution  on  charge  of  tres- 
pass, excessiveness  of  verdict.  1916C- 
263. 


2.  What  Constitutes  Trespass. 

Abuse  of  license  as  constituting  trespass. 
1-889. 

Blasting  as  constituting  trespass.     11-347. 

Easements  damages  for  excessive  use  as 
trespass.     1-864. 

Hunting,  trespass  in  pursuit  of  game.  21- 
915. 

Public  lands,  cutting  timber  on  public 
domain  of  United  States,  civil  liabil- 
ity for  trespass.     1917A-17. 

Shooting  across  land  of  another  as  tres- 
pass.    10-531. 

Eailroad  right  of  way,  trespass  by  travel- 
ing along.     2-548;  20-140. 


S.    Eights  of  Trespasser. 

Bridge  or  trestle  of  railroad  liability  for 
injury  to  trespasser.  1914D-12H; 
1916E-617. 


872    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


TRESPASS — Continued. 

Children  trespassing  on  railroad  tracks, 
duty  of  railroad  to  anticipate.  4-680; 
16-247;   1916B-357. 

— private  railroad  as  charged  with  duty 
to  keep  lookout  for  trespassing  chil- 
dren on  tracks.     1914A-671. 

Crops  sown  by  trespasser,  right  with  re- 
spect to.     21^31,  1915D-359. 

Dangerous  substances  on  premises,  lia- 
bility of  owner  to  trespassing  chil- 
dren injured  thereby.     5-503. 

Elevators,  injury  to  trespasser,  liability 
of  owner.     1912D-533. 

Flying-switch  injuring  trespasser  on  rail- 
way track,  liability  of  railroad.  10- 
18. 

Necessity  as  excuse  or  justification.  15- 
1153. 

Pond,  pool  or  well  left  unguarded,  liability 
of  land  owner  to  trespassing  child  in- 
jured thereby.  7-200;  11-990;  1913A- 
1032;  1916C-1085. 

Recovery  of  property,  right  to  enter  on 
premises  of  another  and  employ  force. 
6-505. 

Removal  of  trespassers  from  railroad 
trains,  liability  for  injuries  inflicted 
in  removing.     1-775;   13-591. 

Riding  on  trains,  liability  of  railroad  for 
injuries  to  trespasser.     21-699. 

Running  engine  or  train  backward  as  neg- 
ligence with  respect  to  trespasser  on 
railroad  right  of  way.     1913D-9. 

Self-defense,  right  of  trespasser.     9-1134. 

Signals,  failure  of  railroad  to  sound  stat- 
utory crossing  signals  as  negligence 
toward  trespassers  on  track  at  place 
other  than  crossing.     16-1111. 

Speed  of  railroad  train  as  affecting  lia- 
bility to  trespassers.  7-991;  1914&- 
605. 

— violation  of  speed  law,  liability  for  in- 
juries to  trespassers.     5-1007. 

"Wharves,  docks  or  piers,  duty  to  tres- 
passer.    1916C-150. 

4.    Remedies. 

Animals,  right  to  kill  trespassing  animals. 
1-193;    16-951;    1913C-790. 

Assault  and  battery  as  justified  by  tres- 
pass.    1-8:88;  1917D-307,  316. 


TRESPASS — Continued. 

Continuing  or  repeated  trespass,  injunction 
as  remedy.     15-1235. 

Counterclaim  for  trespass  in  action  for 
trespass.     3—487. 

Ejection  of  trespassers  on  railroad  trains, 
authority  of  brakemen.  2—624;  18- 
892;  1914A-598. 

Executor  or  administrator,  personal  liabil- 
ity to  third  person  for  trespass.  21- 
356. 

Forum  in  which  action  for  trespass  on 
real  property  must  be  brought.  3- 
344;  21-1314;  1913E-597. 

Graves,  right  of  action  for  disturbing.  3- 
136. 

Inconsistent  defenses  growing  out  of  tres- 
pass to  realty.     1917C-735. 

Injunction  against  trespass  on  realty  situ- 
ate in  another  state.     8-519. 

Landlord's  remedy  for  injury  to  leased 
premises  by  third  person.  1912D- 
127. 

Overhanging  eaves,  remedy  of  owner  of 
land   against.     4-343. 


Past      injuries, 
1913D-968. 


injunction     as      remedy. 


Possession  of  land  under  color  of  title  as 
giving  one  right  to  maintain  action 
against  mere  trespasser.  4-190; 
1915D-37. 

Trees  or  timber,  injunction  to  prevent 
trespass  against.     11-456. 

Waiving  tort  and  suing  in  assumpsit  for 
trespass  to  real  property.     1913D-237. 

Wrongful  levy  of  execution  after  debt 
has  been  paid,  remedy  of  debtor.  19— 
368. 

5.    Damages. 

Continuing  trespass,  award  of  damages  in 
action    to    enjoin.     1912A-804. 

Exemplary  damages,  injury  to  person  as 
warranting  recovery  in  action  for 
trespass   on  realty.     16-75. 

Interest  as  allowable  on  damages  for  tres- 
pass.    1-763. 

Mitigation  of  damages  for  trespass,  ad- 
missibility of  evidence  of  benefit  to 
owner.     20-925. 


TRESPASS  TO  TRY  TITLE— TRIAL. 


873 


TRESPASS— Continued. 

6.     Trespassing  Animals. 

Disease  communicated  by  trespassing  ani- 
mals to  other  animals,  liability  of 
owner.     15-1007. 

Dogs,  liability  for  injuries  caused  by  tres- 
passing  dogs.     20-73. 

Domestic  animals  straying  on  uninclosed 
land,  liability  of  owner  of  land  as  for 
negligence  for  injury  to  animals.  17— 
565;   1917A-288. 

Fowls  permitted  to  trespass  on  another's 
land,  right  to  damages  against  owner. 
1913C-757. 

Injunction  to  restrain  trespass  by 
animals.     14-550;    1916A-247. 

Injuries  inflicted  on  trespasser  by  do- 
mestic animal,' liability  of  owner.  17- 
563. 

Joint  or  several  liability  of  owners  of  ani- 
mals committing  trespass.     8-1072. 

Killing  trespassing  animals,  right  of  land 
owner.     1-193;   16-951;  1913C-970. 

Railroads,  animal  on  track,  duty  to  blow 
whistle  or  give  other  warning.  1&15B- 
462. 

Seizure  and  sale  of  trespassing  animals, 
validity  of  statute  authorizing  land 
owner  to  seize  and  sell.     1915C-1263. 

Unfencpd  lands,  effect  of  statute  prohibit- 
ing recovery  for  damages  done  by  tres- 
passing   animals   thereon.     9-1095. 


TRESPASS  TO  TRY  TITLE. 

Estoppel  of  tenant  to  deny  landlord's  title 
in  action  of  trespass  to  try  title. 
1912D-103. 

Judgment  against  tenant  as  affecting  land- 
lord,    5-62. 


TRESTLES. 

Implied  license  to  use  railroad  trestle  as 
highway.     2-551. 

Liability  of  railroad  for  injury  to  person 
other  than  servant  on  its  trestle. 
1914D-1210;   1916E-617. 

Lights,  liability  of  master  for  injuries  to 
servant  because  trestle  insufficiently 
lighted.     20-18. 


TRLA.L. 

1.  In  General. 

2.  Continuance  and  Adjournment. 

3.  Evidence  and  Witnesses. 

4.  Conduct  and  Remarks  of  Judge. 

5.  Argument  and  Conduct  of  .CounseL 

6.  Province  of  Court  and  Jury. 

7.  Exceptions  and  Objections. 

8.  Direction  of  Verdict.  , 

9.  Findings  of  Fact. 

See    Criminal    Law;    Instructions;    Jury; 
Verdict. 

1.    In  General. 

Amicus  curiae,  functions  and  powers. 
1915A-194. 

Foreman  as  spokesman  for  jury.  1913B- 
385. 

Hearing  in  camera,  right  of  court  in  mat- 
rimonial  action.     1913E-639. 

Holidays,  power  of  court  to  sit  and  try 
causes  on  legal  holidays  other  than 
Sunday.     11-559. 

Place  other  than  courthouse  or  courtroom, 
power  of  court  to  try  case.  1917E- 
1050. 

Separate  trial  of  issues  in  case,  validity 
of   statute   providing.     1913B-267. 

Sunday,  validity  of  judicial  act  performed 
on    Sunday.     1916B-6. 

Use  of  jury,  while  trying  one  case,  for 
trial  of  another.     1913E-754. 


2.    Continuance  and  Adjournment. 

Absence  of  counsel  as  ground  for  continu- 
ance.    1913C-431. 

Adjourning  court  to  home  of  vdtness,  pro- 
priety.    1914A-369. 

Amendment  of  pleading  to  conform  to 
proof  as  ground  for  continuance. 
1914A-1275. 

Criminal  case,  diligence  in  taking  deposi- 
tion as  affecting  right  to  continuance. 
1916A-1086. 

— prejudicial  newspaper  publication  as 
ground    for    continuance.     1918A-449. 

— suspension  of  trial  pending  restoration 
of  defendant  to  sanity.     1913C-328. 


874    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


TBIAIi — Continued. 

Divorce  eases,  continaance  in.  1914B-359; 
1918B-1087. 

Exclusion  or  inclusion  of  Sunday  or  holi- 
day in  computation  of  time  of  con- 
tinuance.    1917E-938. 

Imposition  of  terms  on  granting  continu- 
ance.    1913A-306. 

Time  of  continuance  as  computed  by  ex- 
clusion or  inclusion  of  Sunday  or  holi- 
day.    1917E-938. 


3.    Evidence  and  Witnesses. 
Generally. 

Admission  or  exclusion  of  evidence,  error 

as  rendered  immaterial  by  verdict.     9- 

900. 
— incompetent      evidence      admitted      as 

ground  for  granting  of  new  trial  by 

court.     1917D-545. 

Agreed  case,  additional  evidence,- power  of 
court  to  receive.     1915D-256. 

— inferences  upon  agreed  case,  power  of 
court  to  draw.     11-148. 

Amicus  curiae,  power  to  make  offer  of 
evidence.     1915A-196. 

Exclusion  of  jury,  during  argument  of 
counsel  upon  admissibility  of  evidence, 
20-1144. 

Exhibition  of  person  to  jury,  right  of 
plaintiff  in  action  for  personal  in- 
juries.    1913D-245. 

Incompetent  evidence  admitted  in  trial 
before  court  without  jury,  effect. 
1917C-660,  675,  679,  681,  684. 

Inspection  of  memorandum  used  by  wit- 
ness to  refresh  memory,  right  of  op- 
posite party.     9-560. 

Kiysical  examination  of  party,  power  of 
court  to  compel  submission.  1-266; 
11-844;  1917D-351. 

Production  of  evidence  for  use  in  another 
jurisdiction,  duty  of  court  to  compel 
irrespective  of  its  admissibility.  6- 
577. 

Reading  part  of  evidence  to  jury  after 
retirement,  propriety  of  permitting. 
20-1219. 

Reopening  case  for  additional  evidence  as 
entitling  adverse  party  to  introduce 
rebuttal  evidence.     1916A-131. 


TRIAL — Continued. 

— right  of  court  to  reopen  ease  after  sub- 
mission to  jury  for  reception  of  addi- 
tional  evidence.     1913C-1010. 

Undisputed  point,  validity  of  court  rule 
dispensing  with  introduction  of  evi- 
dence.    1912D-795. 

Calling  and  Examination  of  Witnesses. 

Bias  of  witness,  admissibility  of  evidence 
in  rebuttal  of  testimony  showing  bias. 
14^232. 

Calling  witnesses,  right  of  judge  on  own 
initiative.     18-163. 

Court's  right  to  examine  witnesses.     6-477. 
Deaf   mute's   testimony,    mode    of   taking. 
9-88. 

Exclusion  of  witnesses,^  effect  of  disobedi- 
ence of  rule  excluding  witness  from 
courtroom  during  trial.     9-368. 

Failure  to  swear  witness,  effect  upon  trial 
and  verdict.  4-1023;  6-57;  1912D- 
572. 

Number  of  witnesses  as  to  certain  fact  or 
issue,  power  of  court  to  limit.  8-828; 
17-780;  1916B-771. 

Perjury  of  witness,  commitment  during 
trial  as  prejudicial  error.     19—423. 

Reception  of  testimony  of  witness  unable 
by  illness  or  otherwise  to  be  cross- 
examined  as  reversible  error.     16-364. 


4.    Conduct  and  Remarks  of  Judge. 

Coercion  of  jury  by  court  into  agreeing 
on  verdict,  what  amounts  to.  11- 
1131;    1912D-440. 

Comment  by  court  on  fact  that  defendant 
in  action  for  negligence  is  insured 
against  liability,  propriety.  1914A- 
951. 

Duty  of  presiding  judge  not  to  absent 
himself  from  trial.     2-8;  16-627. 

Manner  or  tone  of  court  in  remark  or 
instruction  as  prejudicial  error. 
1912A-1006. 

Overruling  plea,  right  of  court  on  its  own 
motion.     15-250. 

Private  communication  by  trial  judge  with 

jury    during    deliberations    as    ground 

for  new  trial.     16-1141. 
Propriety  of  comment  by  court  to   effect 

that    perjury     has    been    committed. 

1917B-128. 


TRIAL. 


875 


TRIAL— Continued. 

Reference  by  judge  to  amount  of  plain- 
tiff's claim  in  action  for  personal  in- 
juries as  reversible  error.     17-573. 

Remarks  or  instructions  in  presence  of  en- 
tire panel  of  jurors  as  reversible  error 
in  particular  case.     1915B-824. 


5.    Argument  and  CJonduct  of  CounseL 

Generally. 

Additional  counsel  appearing  'for  party  to 
cause  after  jury  impaneled  as  preju- 
dicial to  opposing  party.     1912B-666. 

Appeal  to  race  prejudice  as  improper  in 
argument  of  counsel.  1913D-1167; 
1917A-944. 

Challenge  to  juror,  right  of  counsel  to  com- 
ment on  act  of  opposing  party. 
1913B-2o8. 

Comment  on  fact  that  party  to  action  is 
corporation  as  improper  argument. 
1912A-1292. 

Failure  of  party  to  testify  in  civil  action, 
comment  on  fact  by  attorney,  16- 
309. 

Inadmissible  evidence,  conduct  of  counsel 

in   getting   it   before   jury   as  ground 

for  new  trial.     6-224;  19-296;  1917A- 
441. 

Instruction  to  jury  to  pay  no  attention  to 
remarks  of  counsel  as  reversible  error. 
1912C-817;  1915B-736. 

Insurance  of  defendant  other  than  master 
against  liability,  propriety  of  com- 
ment by  counsel.     1914A-951. 

Misconduct  of  counsel  in  challenging  op- 
ponent to  waive  legal  rights  as  mis- 
conduct.    1918C-3S2. 

Negligence  of  attorney  in  conduct  of  trial, 
liability  to  client.     1917B-27. 

Objection  and  exception  to  improper  argu- 
ment of  counsel,  necessity  and  suffi- 
ciency. 7-229;  1916A-551;  1918A- 
1128. 

Open  and  close,  effect  of  denial  of  right. 
1912D-251. 

— right  where  only  issue  is  amount  plain- 
tiff is  entitled  to  recover.     1916D-958. 

Propriety  in  personal  injury  case  asking 
jury  what  they  would  take  for  similar 
injury.     1917A-1099. 

Reference  to  poverty  or  wealth  of  party 
to  action,  propriety.     1917B-312. 


TEIAIi— Continued. 

Criminal  Cases, 

Expression  of  opinion  of  guilt  of  accused 
by  prosecuting  attorney  as  improper 
argument.     1916A-431. 

Failure  of  accused  to  testify,  comment  by 
"    prosecutor    on    fact.     3-164;    20-1273; 
^       1917D-277. 

Fair  trial,  duty  of  prosecuting  attorney 
to  see  that  accused  has.     21-333. 

Good  character  of  accused,  right  of  pros- 
ecution to  comment  on  failure  to  pro- 
duce evidence.     19-407. 

Outlining  defense  to  jury,  power  of  court 
to  require  counsel  for  accused.  16- 
324. 

Prevalence  of  crime,  reference  by  pros- 
ecuting attorney  as  improper  argu- 
ment.    1912A-1019. 

Restricting  argument  of  counsel  in  crimi- 
nal action  as  constituting  reversible 
error.     2-435;   1917A-718. 

Wife  of  accused  as  witness,  right  of  coun- 
sel to  comment  on  failure  to  call  her. 
17-421;  1913D-559. 

6.    Province  of  Court  and  Jury. 

Delivery  of  deed  as  question  of  law  or 
fact.     1914B-108. 

Dying  declarations,  admissibility  as  ques- 
tion of  law  or  fact.     8-539. 

Estoppel  in  pais  as  question  of  law  t)r 
fact.     1913A-1072. 

Fencing  railroad  tracks,  whether  failure 
to  fence  was  proximate  cause  of  acci- 
dent as  question  of  law  or  fact. 
1912D-454. 

Fire    insurance,    materiality    of    warranty 
regarding    incumbrances     on     property  ' 
covered  by  policy  as  question  of  law 
or  fact.     15-342. 

Foreign  law,  proof  of  law  as  question 
for  court  or  for  jury.  7-74;  1913D- 
256. 

Fraud  as  question  of  law  or  fact.     1-446. 

Frauds,  statute  of,  original  or  collateral 
nature  of  oral  promise  within  statute 
as  question  of  law  or  fact.  9-895; 
1915B-257. 

Life  insurance  premiums,  waiver  of  time 
of  payment  as  question  for  court  or 
jury.     7-386. 


876    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


TRIAL — Continued. 

Malicious  prosecution,  belief  of  defendant 
in  truth  of  charge  made  against  plain- 
tiff as  question  of  law  or  fact.  1912C- 
1043. 

Master  and  servant,  assumption  of  risk 
arising  after  commencement  of  em- 
ployment as  question  of  law  or  fact. 
3-814. 

— discharge  of  servant,  sufficiency  of 
ground  as  question  or  law  or  fact. 
1916A-1040. 

— fellow-servants,  whether  employees  are 
as  question  of  law  or  fact.  1912D- 
75. 

■ — rule  promulgated  by  master  for  guidance 
of  servant,  reasonableness  as  question 
of  law  or  fact.     1913C-187. 

Mere  scintilla  of  evidence  as  sufficient  to 
justify  submission  of  cause  .  to  jury. 
1914B-472. 

Municipal  ordinance,  reasonableness  as 
question  of  law  or  fact.     1914B-204. 

Necessaries,  province  of  court  and  jury  as 
to  whether  articles  furnished  to  in- 
fants constitute.     14-686. 

Negligence  of  railroad  in  constructing  per- 
manent structure  close  to  tracks  as 
question  of  law  or  fact.     7-331. 

Proximate  cause,  respective  functions  of 
court  and  jury  with  respect  to  ques- 
tion.    1913B-351. 

Public  policy  province  of  court  or  of  jury 
to  determine  whether  contract  is  con- 
.     trary  to.     11-124. 

Result  of  forces  acting  on  animate  human 
body  as  question  of  law  or  fact. 
1913E-938. 

Rules  and  regulations  for  conduct  of -busi- 
ness of  quasi-public  nature,  reason- 
ableness as  question  of  law  or  fact. 
,  3-715. 

Sales,  reasonableness  of  time  for  delivery 
of  goods  sold  as  question  of  law  or 
fact.     6-245. 

Similarity  of  properties,  in  order  to  make 
comparison  of  their  value  admissible 
as  question  for  court.     1913D-582. 

Withdrawal  of  unreasonable  testimony 
from  consideration  of  jury  15-1187; 
1917B-473. 

7.    Exceptions  and  Objections. 

Amicus  curiae,  power  to  take  exception. 
1915A-197. 


TBIAIi — Continued. 

Depositions,  objections  not  raised  on  first 
trial  as  affecting  right  to  raise  on  sub- 
sequent trial.     1913B-1057. 

Failure  to  object  to  admission  of  evidence 
at  former  trial  as  precluding  objection 
at  subsequent  trial.  19-1279;  1913B- 
1057. 

Inconsistent  defenses,  method  of  objecting 
to.     1917C-743,  757. 

Instructions,  necessity  for  objection  in 
addition  to  exception  in  order  to  save 
giving  of  instruction  for  review. 
1912B-1231. 

Nonexistence  of  plaintiff,  method  of  rais- 
ing objection.     1917D-1195. 

Pleading,  objection  based  on  want  of  veri- 
fication as  waived  by  not  raising  till 
time   of   trial.     1918i>-444. 

Sufficiency  of  exceptions  and  objections  as 
to  improper  argument  of  counsel.  7- 
231;   1916A-551;  1918A-1128. 

Testimony  admitted  over  objection  with 
question  reserved,  failure  to  move  to 
strike,  effect.     1912C-711. 

Waiver  of  exception  to  denial  of  applica- 
tion to  take  case  from  jury  by  subse- 
quent introduction  of  evidence.  14- 
222;  1914A-146. 

8.     Direction  of  Verdict. 

Criminal  case,  plea  of  "not  guilty"  entered, 
power  of  court  to  direct  verdict  of 
guilty.     8-808;   1916A-1241. 

— what  constitutes  direction  of  verdict  of 
guilty.     1916A-1252. 

Direction  of  verdict  in  favor  of  one  code- 
fendant  at  close  of  plaintiff's  case, 
right  of  court.     1912D-1061. 

Exception  to  direction  of  verdict,  neces- 
sity for.     1917A-849. 

Libel  and  slander  action  where  jury  have 
power  to  determine  law  and  facts, 
power  of  court  to  direct  verdict. 
1915D-1270. 

Opening  statement  of  plaintiff's  counsel, 
power  of  trial  court  to  direct  verdict 
at   close.     14-699. 

Penal  action,  right  of  court  to  direct 
verdict  for  plaintiff.     16-964. 

Request  by  both  parties  for  direction  of 
verdict,  effect  of  request.  6-545;  13- 
372;  1913C-1342. 


TRICKS— TRUSTS  AND  TRUSTEES. 


877 


TRIAL— Continued. 

9.    Findings  of  Fact. 

Contempt    proceeding,    duty    of    court    to 
make  findings   of  fact.     1913A-957. 

Eefusal  to  make  requested  finding  as  con- 
stituting contrary  finding.     7-380. 

Waiver  of  right  to  have  findings  of  fact 
made  by  court.     1914D-797. 


TRICKS. 

Confessions  procured  by  trick,  admissi- 
bility in  evidence.  15-274;  1916D- 
966. 

Obtaining  possession  of  property  by  trick 
with  intent  to  steal  as  larceny.  S- 
287. 


TROLLEY  COMPANIES. 

See  Street  Railways. 

TROLLEY  SLOTS. 

Electric  railways,  improper  construction 
as  imposing  liability  for  injuries 
caused.     1913D-534. 

TROVER. 

See  Conversion. 


TRUCKING. 

Independent  contractor,  person  trucking 
or  hauling  as  constituting.  19180- 
658. 


TRUST  COMPANY. 

Investment  of  funds  of  cestui  que  trust, 
liability  for  loss.     1914A-1027. 


TRUST  DEEDS. 

See  Mortgages. 

Attorney's  lien  on  instrument  in  his  posses- 
sion in  connection  with  litigation. 
1917D-150. 

Bill  or  note  as  controlled  by  trust  deed. 
5-151. 

Corporation,  power  of  trustee  to  bid  in 
property  for  benefit  of  bondholders. 
1915A-237. 


TRUST  DEEDS — Continued. 

— 'liability  as  for  negligence  of  trustee  to 
bondholder.     1915A-239. 

Debtor's  right  to  require  creditor  to  sat- 
isfy out  of  nonexempt  property. 
1913B-394. 

Distinction  between,  and  power  of  sale 
mortgage  of  realty.     1913A-1045. 

Homestead,  validity  of  trnist  deed  ex- 
ecuted by  husband  without  joinder 
of  wife.     9-9;    15-1120;   1917A-75. 

Injunction  against  sale  under  trust  deed, 
conflicting  liens  or  rights  or  because 
of  disputed  title  as  ground.  1917D- 
125. 

— ^limitation  statute  as  bar  to  action  on 
debt  secured  as  ground  for  enjoining 
sale.     7-189. 

Power  of  sale  in  trust  deed  as  power 
coupled  with  interest.  4-58;  1918E- 
1021. 

Release  of  mortgaged  property,  power  of 
trustee  of  corporate  mortgage.  1916D- 
1182. 

Resale  of  property  after  invalid  first  sale, 
power  of  trustee.     17-755. 

Tenant  in  common,  right  to  buy  com- 
mon property  under  power  in  trust 
deed.     17-1169;  1914A-1031. 

TRUSTEE  PROCESS. 

See  Ganusluuent. 

TRUST  FUND  DOCTRINE. 

See  Corporations. 

TRUSTS,  ILLEGAL. 

See  MonopoUea. 


TRUSTS  AND  TRUSTEES. 

1.  In  Greneral, 

2.  Existence,  Validity  and  Administration 

of  Trusts, 

3.  Qualification  of  Trustee. 

4.  Appointment  and  Removal  of  Trustees. 

5.  Termination,    Renunciation    or    Breach 

of  Trust. 

6.  Rights  and  Powers  of  Trustees. 

7.  Liability  of  Trustees  and  Trust  Est.-.tc'i 

8.  Investment  of  Trust  Funds. 

9.  Constructive,      Implied      or      Ees.;lt:ns 

Trusts. 


878    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


TEUSTS  AND  TRUSTEES— Continued. 

1.    In  General. 

Alien  enemy,  war  as  affecting  rights  and 
liabilities  of  trust  relation.  19180- 
715. 

Bond  of  trustee,  judgment  against  princi- 
pal as  evidence  against  surety. 
1915D-409. 

Cestui  que  trust  as  "freeholder."  1913D- 
329. 

Life  estate  in  trust  funds,  who  entitled  to 
increase   in   value.     1916B-132. 

Mechanics'  liens,  cestui  que  trust  as  neces- 
sary or  proper  party  to  foreclosure 
action.     1918B-18. 

— ^trustee  as  necessary  or  proper  party  to 
foreclosure   action.     1918B-17,   28. 

Notice  of  trust  relation,  use  of  descriptive 
term  after  signature  of  trustee  as  con- 
stituting.    16-843. 

Priority  of  assignees  to  fund  in  hands  of 
several  trustees  as  dependent  on  no- 
tice to  all  trustees.     17-444. 

Purchase  of  trust  property  from  trustee 
with  power  at  sell,  duty  of  purchaser 
to  see  to  application  of  purchase 
money.     4-371. 

Eemainders  and  reversions,  trustees  to 
support    remainders.     1917A-905,    913. 

Taxation,  situs  of  personal  property  held 
in  trust.     2-850;    1917D-948. 

Trust  funds,  improper  witdrawal  from 
bank,  liability  of  bank  for  knowingly 
permitting.     12-669;  1914B-677. 

.Will  setting  up  invalid  trust,  effect  upon 
clauses  otherwise  valid.     3-951. 


2.    Existence,    Validity    and    Admlnlstxa- 
tion  of  Trusts. 

Advancement  out  of  accumulation  for 
benefit  of  cestui  que  trust,  power  of 
court  to  make.     1914A-1047. 

Conveyances  to  children  in  trust  as  includ- 
ing child  en  ventre  sa  mere.     7-135. 

Death  of  beneficiary,  right  of  succession  to 
fund  remaining  in  hands  of  executor 
or  trustee  under  will  giving  latter  dis- 
cretion in  paying  fund  to  beneficiary. 
1912D-1177. 

Deposit  in  bank,  joint  deposit  as  creating 
trust.     1916D-523. 


TRUSTS  AND  TRUSTEES— Continued. 
Discretion  of  trustee  to  defeat  charitable 
trust  as  affecting  its  validity.     21-156. 

Division  of  trust  estate,  execution  by  court 
of  power  to  divide  where  trustee  has 
only  partially  executed  power.  1914C- 
250. 

Donor's  death  without  exercising  power  of 
revocation,   effect  upon   trust.     6-189. 

Imperfect  or  incomplete  gift,  enforcement 
as  trust.     16-373. 

Indefinite  duration  of  trust  for  mainte- 
nance or  repair  of  residence  or  home- 
stead as  offending  rule  against  per- 
petuities.    1914B-551. 

Jurisdiction  of  probate  court  to  administer 
testamentary  trust.     21-255. 

Knowledge  of  cestui  que  trust  as  to  crea- 
tion, validity  of  trust  as  depending  on. 
12-167. 

Life  insurance,  oral  promise  by  beneficiary 
in  policy  to  pay  proceeds  to  third  per- 
son as  enforceable  trust.     14-872. 

Merger  of  estates  where  life  tenant  is  also 
trustee  of  property.     1917A-1221. 

Modification  of  terms  of  trust,  power  of 
court.     1916A-999,  1008;  1918D-563. 

Oral  trust  fully  executed,  effect  of  statute 
of  frauds.     1913A-9o4. 

Partition  of  property  held  in  trust,  right 
to.     1912C-327. 

Precatory  trusts,  general  rule  as  to 
creation.     2-593;    21-321;    1915D-418. 

Proof  of  express  trust  by  written  declara- 
tion of  trustee.     1913B-1023. 

Savings  bank  trusts.  1-904;  14-924; 
1913E-516. 

Specific  performance  of  personal  property 
contract  in  aid  of  trust.  5-273;  10- 
936;   1915D-790. 

Spendthrift  trusts,  bankruptcy  of  benefi- 
ciary as  affecting.     1918D-91. 

— donor  as  beneficiary,  validity.  19-273; 
1917D-1054. 

— suflBciency  of  instrument  to  create 
spendthrift  trust.  3-1010;  18-495; 
1917B-400. 

— validity  of  spendthrift  trust.  3-588; 
18-221;  1918C-961. 

Successor  to  corporation  designated  as 
trustee,  power  to  execute  trust. 
1915D-934. 


TRUSTS  AND  TRUSTEES. 


879 


TRUSTS  AND  TRUSTEES— Continued. 

Testamentary  trust  whose  purpose  is  de- 
fined only  in  oral  instructions  given 
by  testator,  validity.     1912A-834. 


3.     Qualification  of  Trustees. 

Corporations,  power  of  corporation  to  act 
as  trustee  of  charitable  trust.  8- 
1181. 

Donee  of  power  to  appoint  trustee,  who 
may  be  appointed  by  donee.  4-405; 
1913D-147. 

Married  woman,  power  to  act  as  trustee 
of  express  trust.     7-1082. 

Municipality,  power  to  take  property  as 
trustee.     17-746. 


4.   Appointment  ajid.  Removal  of  Trustees. 

Antagonism  or  ill  feeling  between  trustee 
and  beneficiary  as  ground  for  removal 
of   trustee.     1918B-1045. 

Executor  as  testamentary  trustee,  effect 
of  resignation  or  removal  on  his 
powers  or  duties.     1914C-609.  . 

Failure  of  creator  of  trust  to  name 
trustee,  power  of  court  to  appoint. 
1916B-246. 

Xumber  of  trustees  appointed  by  creator 
of  trust,  power  of  court  to  increase 
or   diminish.     6-598. 

Removal  of  trustee  who  goes  out  of  juris- 
diction, power  of  court.     20-S16. 

Trustee  for  alimony,  power  of  court  to 
appoint.     1914D-991. 


5.    Termination,  Renunciation  or  Breach 
of  Trust. 

Breach  of  trust  by  trustee,  silence  by  ces- 
tui que  trust  as  acquiescence.  19140- 
748. 

Renunciation  by  executor  or  testamentary 
trustee,  what  constitutes.  20-836; 
1918D-459. 

— right  to  retract  renunciation.  1916D- 
1305. 

Setting  aside  trust  during  life  of  creator 
for  fraud  or  undue  influence.  1918C- 
836. 

Termination  of  trust  by  agreement  of  all 
parties   interested.     1915B-723. 


TRUSTS  AND  TRUSTEES— Continued. 
6.    Rights   and    Powers    of   Trustees. 

Compensation  of  trustee,  right  in  absence 
of   statute   or  contract.     1913C-195. 

■ — waiver  of  right  to  compensation. 
1914B-493. 

Conveyance  of  trust  property,  power  of 
trtistee  to  convey  without  consent  of 
cotrustees.     4-953. 

Execution  sale,  right  of  trustee  or  cestui 
que  trust  to  enjoin.     1918C-267. 

Express  powers  given  to  trustee  as  nega- 
tiving implied  powers.     1913C-979. 

"Fiduciary  capacity,"  trustee  of  express 
trust  as  acting  in  within  meaning  of 
Bankruptcy  Act.     1915A-1298. 

Guardian  as  trustee,  right  to  institute  suit 
in  individual  capacity  on  behalf  of 
ward.     11-1095. 

Lease  of  trust  property,  term  for  which 
trustee  may  grant.  14^651;  1914C- 
393. 

Mortgage  of  trust  property,  power  of 
trustee.  1-942;  9-643;  10-255;  191'6C- 
606. 

"Necessary  expenses"  of  trust  estate, 
what  constitute.     1918D-924. 

Substituted  trustee,  right  to  execute 
power  conferred  on  original  trustee. 
16-325;    1913A-12S3. 


7.    Liability     of     Trustees     and     Trust 
Estates. 

Broker's  commission,  liability  of  trustee 
employing  real  estate  broker.  1913E- 
344. 

Creditor's  bill  to  reach  interest  in  trust 
estate.     1914B-950. 

Decedent's    estate,    liability    of  personal 

representative    where    trust  property 

held     by     decedent     comes  into     his 
hands.     19-563. 

Default  of  cotrustee,  liability  of  trustee 
as  to  funds  jointly  received.     15-522. 

Interest  of  trustee  in  subject  matter  of 
trust,  effect.     1918A-481. 

Intermingling  property  of  trust  estate 
with  that  of  insolvent  trus- 
tee, rights  of  cestui  que  trust.  7- 
553. 

Limitation  of  action  as  between  trustee 
aud  beneficiary,  application  of  statute 


880    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


TRUSTS  AND  TEUSTEES— Continued. 


to     express 
1917C-1018. 


trusts.     3-200;     13-1165; 


Loss  of  trust  funds  deposited  in  bank, 
personal  liability  of  trustee.  1915C- 
50. 

Taxes  and  carrying  charges,  personal 
property  expenses  as  payable  out  of 
income   or   capital.     1918E-9S9. 

— real  estate  expenses  as  payable  out  of 
income  or  capital.     191SE-947,  982. 

Torts  of  trustee,  liability  of  tnist  estate. 
•      19-387. 

Trust  company  as  trustee,  liability  for 
loss  on  investment  of  funds.  1914A- 
1027. 


8.    Investment    of    Trust   Funds. 

Instruction  of  trustee  by  court  as  to  in- 
vestment of  funds.     1912A-637. 

Investment  beyond  jurisdiction  of  ap- 
pointing court,  right  of  fiduciary  to 
make.     14-834. 

Private  corporate  stock,  right  of  fiduciary 
to  invest  funds  therein.     16-69. 


9.     Constructive,     Implied     or     Resulting 
Trusts. 

Agent's  purchase  of  land  in  his  own  name, 
resulting  trust  arising  from.  5-255; 
12-805. 

Attorney  of  party  to  proceeding  purchas- 
ing property  at  judicial  sale  as  hold- 
ing in  trust  for  client.     21-276. 

Ex  maleficio,  failure  of  heir  or  distributee 
to  perform  oral  promise  which  pre- 
vented making  of  will,  liability  there- 
for.    2-556. 

— murder  of  ancestor  or  testator  by  heir, 
devisee  or  legatee  as  constituting  him 
trustee  ex  maleficio.     2-659. 

Husband  and  wife,  funds  furnished  partly 
by  each  spouse,  resulting  trust  as 
arising  from  purchase  in  name  of  one 
spouse.     igi5D-654,   657. 

— husband's  purchase  in  name  of  wife,  re- 
sulting trust  as  arising.  1915C-1082, 
1097,  1102;  1917B-225. 

— putative  wife,  property  right  as  implied 
trust.     1913A-242. 

— wife's  money  used  by  husband  for  pur- 
chase in  own  name,  resulting  trust  as 


TRUSTS  AND  TRUSTEES— Continued. 

arising.     1915D-625,  643,  649;   1918E'- 
900. 

Improvement  of  land,  payment  of  money 
for  purpose  as  constituting  resulting 
trust.     9-249. 

Jury  trial  in  action  to  declare  resulting 
trust,  light  to.     1913C-153. 

Oral  agreement  to  hold  in  trust  or  re- 
convey  lands  conveyed  under  influ- 
ence of  confidential  relations;  con- 
structive   trust    arising    from.     2-777. 

Parol  agreement  made  with  person  inter- 
ested in  land,  that  promisor  will  buy 
land  at  judicial  sale  and  hold  for 
benefit  of  promisee,  as  implied  trust 
enforceable  in  equity.     5-173;  12-542; 

igiSE-sog. 

Part  payment  of  consideration  for  realty 
taken  in  name  of  another  as  creating 
resulting  trust.     2-667. 

Presumption  of  resulting  trust  arising 
from  language  of  will  as  rebuttable 
by  parol  evidence.     1915B-52. 

Renewal  of  lease,  implied  trust  arising 
from.     7-295;  1912B-1100. 

Secret  trust,  liability  of  grantee  under 
fraudulent  conveyance  for  rents  and 
profits.     1914A-l608. 

Sufficiency  of  evidence  to  establish  con- 
structive or  resulting  trust.  1916D- 
1194. 

Testamentary  gift  secured  by  promise  of 
donee  to  hold  for  benefit  of  another, 
implied   trust   arising   from.     21-1384. 


TRUTH. 

Libel  and  slander,  criminal  prosecution, 
truth  as  defense.  21-832.  1916A- 
429. 

— truth  alone  as  complete  in  civil  action 
for  libel.     17-761;   191SC-335. 


TUBERCULOSIS. 

Accident  arising  out  of,  and  in  course  of, 
employment  within  "^'orkmen's  Com- 
pensation  Act.     1918B-773,    780. 


TUGS. 

Duty  of  tug  to  tow  with  respect  to  equip- 
ment of  tug.     1914A-55. 


TUITION  FEES— TYPEWRITING. 


881 


TUGS — Continued. 

Negligence  of  tug  in  towing  as  affecting 
liability  of  tow  for  collision.  19-301; 
191oD-588. 

Tugboat  as  independent  contractor.  19- 
26. 


TUITION  FEES. 

Expulsion  or  withdrawal  of  pupil  from 
school  as  entitling  to  recovery  of  ad- 
vance payment  of  tuition  fee.  1915D- 
313. 

Incidental  fees,  right  of  public  college  or 
school  to  exact  from  students.  1914B- 
403. 


TURNPIKES  AND  TOLL  EOADS— Con- 
tinued. 

Location  of  toll  gate,  meaning  of  word 
"near"  with  respect  to.     1913D-121. 

Minimum  charge  for  use  of  road,  right  to 
make.     1914D-458. 

Municipal  purchase  of  toll  road,  compen- 
sation payable.     1915B-1179 

Title  to  turnpike  after  expiration  of  cor- 
poration's charter  or  franchise.  13— 
665. 


TURNSTILES. 

Injuries  received  in  turnstile,  liability  of 
proprietor.     16-117;  1916D-1235. 


TUMOR. 

Accident  arising  out  of,  and  in  course  of, 
employment  within  Workmen's  Com- 
pensation Act.     1916B-1299. 


TUNNELS. 

Construction  under  street  by  private  citi- 
zen, power  of  municipality  to  permit. 
1916B-750. 

Independent  contractor,  person  contract- 
ing to  build  tunnel  as  constituting. 
1918C-658. 


TURF. 

Eemoving  turf  as  waste.     1918D-543. 

TURF  EXCHANGE. 

Poolroom   or   turf   exchange   as  nuisance. 
1915C-1033. 


TURNTABLES. 

Applicability  of  turntable  doctrine  to 
standing  railroad  cars.     1912D-916. 

Care  required  in  operation  of  turntable 
in  respect  to  children.  5-377;  8-866; 
15-561. 

Jurisdiction*  in  which  doctrine  is  approved 
or  disapproved.     11-901,  990. 


TURPENTINE. 

License  tax  imposed  on  owner  of  prem- 
ises for  extracting  turpentine  from 
timber   thereon,   validity.     1918A-678. 


TYPESETTINa  MACHINE 
MANUFACTURERS. 


Manufacturer     as     engaged     in 
1916A-1201. 


'trade." 


TURNPIKES  AND  TOLL 
ROADS. 

Bridge  under  control  of  county,  right '  to 
collect  tolls.     1914D-515. 

Excessive  toll,  criminal  liability  of  corpo- 
ration for  collecting.     1916C-465. 

Highways    or    public    highways,    term    as 
including  "turnpikes"  or  "toll  roads." 

17-S'04. 

Index  to  Notes — 56 


TYPEWRITINa. 

Forgery  of  or  by  typewriting.  8-S6; 
1916D-784. 

Signature  in  typewriting,  sufficiency 
within  statute  of  frauds.     1913B-663. 

Specimen  of  typewriting  as  admissible  for 
purpose  of  comparison  with  disputed 
typewriting.     1914C-201. 

Typewriting  as  "trade."     1916A-1201. 


882    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 
TYPHOID  FEVER.  TYPOGRAPHICAL 


Accident  arising  out  of,  and  in  course  of, 
employment  within  Workmen's  Com- 
pensation Act.  1916B-1297;  1918B- 
789. 


ERRORS. 

statutes,  intent  as  controlling  in  construc- 
tion in  case  of  error.     1-752. 


u 


ULTRA  VIRES. 

Acceptance  of  benefits  of  ultra  vires  act 
of  corporation  as  affecting  one's  right 
to  equitable  relief.     6-126. 

Bank  contract  of  guaranty  as  affected  by 
its  ultra  vires  nature.  1916D-560, 
565,  570. 

Effect  of  ultra  vires  purchase  of  land  by 
corporation.     17-529. 

Insurance  company,  defense  of  ultra  vires 
in  action  on  policy.     4-1046. 

Invocation  by  municipality  as  defense 
agaittst   contract.     2—403. 

Who  may  ob.ieet  to  sale  of  property  by 
corporation  as  ultra  vires.  1916A- 
839,  848. 

UNAUTHORIZED    WORK. 

Injury  resulting  as  accident  arising  out 
of,  and  in  course  of,  employment 
within  Workmen's  Compensation  Act. 
1914B-501,  502. 

UNBORN  CHILD. 

Contingent  remainder  to  unborn  person, 
destruction  of.  1917A-902,  921,  925, 
932. 

Death  of  unborn  child  by  wrongful  act, 
right  to  recover  for.     1914C-615. 

Judgments  and  decrees,  effect  on  unborn 
children.     2-790. 

Loss  of  unborn  child  as  element  of  dam- 
ages in  action  for  personal  injuries 
to  woman.     19-266. 


UNCHASTITY— Continued. 

Concealment  as  ground  for  divorce  or  an- 
nulment   of    marriage.     1914C-1291. 

Excessiveness  of  verdict  in  action  based 
on  libelous  or  slanderous  imputation 
of  unchastity.  1913B-704,  70S;  1916D- 
1176. 

UNCLE. 

Death  by  wrongful  act_  inadequacy  of 
verdict  in  action  by  nephew  or  niece. 
1916B-468. 

UNCONTRADICTED  TES- 
TIMONY. 

Weight  of  uncontradicted  testimony.  4- 
982;   12-245. 

UNCONTROLLABLE  IM- 
PULSE. 

Irresistible  or  uncontrollable  impulse  as 
defense  to  criminal  charge.  1912A- 
36;  1917C-609. 

UNDENIED  ACCUSA- 
TIONS. 

Admissibility  of  undenied  accusation  of 
crime  in  evidence  in  criminal  prosecu- 
tion.    4-1042;   12-875;   1913C-240. 

UNDERGROUND  PIPES. 

Li9,bility  for  injuries  caused  by  under- 
ground   water-pipes.     1916C-1050. 


UNCHASTITY. 

Charging   woman   with    unchastity   as    ac- 
tionable per  se.     15-1242. 


UNDERGROUND    ROOMS. 

Conduct  of  business  in  basement  or  room 
underground,  validity  of  statute  reg- 
ulating.    1914A-1132. 


UNDERGROUND  WATERS— UNIFORM    SALES  ACT. 


883 


UNDERGROUND  WATERS. 

Liability  for  pollution.     16-676. 


UNDERSTANDING. 

Breach  of  promise,  understanding  of  fam- 
ily or  friends  of  party  as  evidence  of 
agreement  to  marry.     1916C-564. 

Libel  and  slander,  understanding  of  iden- 
tity of  person  defamed,  admissibility 
of  testimony  of  readers  or  hearers  of 
libel  or  slander.     1917C-36. 


UNDERTAKERS. 

See   Funeral   Expenses. 

Contract  for  burial  as  insurance  contract. 
1916C-1016. 

Liability  of  undertaker  for  negligence 
with  respect  to  dead  body.     3-136. 

Statutory  regulation  of  undertakers.  18- 
477;    1913A-1252. 

Undertaking  establishiiient  as  nuisance. 
1912B-1208. 

UNDISCLOSED  PRINCIPAL. 

See   Agency. 


UNDUE  INFLUENCE— Continued. 

Wills,  executor's  declarations  as  admis- 
sible on  issue  of  undue  influence. 
1913A-87. 


UNDERGROUND    WIRES.     - 

Eight  of  municipality  to  compel  electric 
company  to  install  wires  in  under- 
ground conduits.     1917E-532,  539. 


■legatee's  or  devisee's  declarations  as 
admissible  on  issue  of  undue  influ- 
ence.    21-50. 

-preparation  of  will  by  beneficiary  as 
evidence  of  undue  influence.     15-551. 

-testator's  declarations  not  made  at  time 
of  execution  of  will,  admissibility  on 
question  of  undue  influence.  5-608; 
10-600;  1917D-717. 

-unreasonable  character  of  will  as  evi- 
dence of  undue  influence.     7-894. 


UNEARNED  PREMIUM. 

Necessity  of  return  or  tender  to  effect 
cancellation  of  fire  insurance  policy 
by  insurer.     1917B-910. 


UNEXPLAINED  DEATH 
OR  ACCIDENT. 

Accident  arising  out  of,  and  in  course  of, 
employment  within  Workmen's  Com- 
pensation Act.  1913C-5,  7,  8;  191SB- 
'775,  784,  794. 

UNFAIR  COMPETITION. 

See  Trademarks,  Trade  Names  and  Unfair 
Competition. 


UNDUE  INFLUENCE. 

Conveyances  inter  vivos,  child  to  parent, 

presumption   and  burden   of  proof   of 

undue   influence.     18-539. 
— ^parent  to  child,  presumption  and  burden 

of  proof  of  undue  influence.     17-989; 

1915D-711;   1918B-^57. 

Fraud,  undue  influence  as  related  to  fraud. 
18-412. 

Man  and  mistress,  presumption  of  undue 
influence  arising  from  relation  of. 
9-783;   1913C-143. 

Presumption  of  undue  influence  arising 
from  relation  of  man  and  woman  en- 
gaged to  be  married.     1916C-1031. 

Trusts,  setting  aside  during  life  of  cre- 
ator for  fraud  or  undue  influence. 
1918C-836. 


UNFAIR  LIST. 

Publication  that  employer  has  been  placed 
on  "unfair  list"  of  labor  union  as 
libelous.    15-677;  1918B-570. 


UNGUARDED  SHAFTS. 

Liability  of  mine  owner  or  operator  for 
injuries  resulting  from  unguarded 
mining  excavations.     1916E-484. 


UNIFORM  NEGOTIABLE  INSTRU- 
MENTS LAW. 

See  BlUs  and  Notes. 

UNIFORM  SALES  ACT. 

See  Sales. 


884    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


UNIFORM  WAREHOUSE  RE- 
CEIPTS. 

See  Warehouses. 

UNINCORPORATED  ASSOCIA- 
TIONS. 

8ee  Associations;  Societies  and  Clubs. 

UNION  DEPOTS. 

Employee  as  fellow-servant  of  employee 
of  railroad  company  using  depot.  18- 
278, 

UNION  EMPLOYEES. 

Discharge,  validity  of  law  prohibiting. 
1-939. 

UNIONS. 

See  Iiabor  Combinations. 

UNITED  STATES. 

Actions,  right  of  United  States  to  main- 
tain civil  action.     1912D-514. 

Bonds  of  United  States  as  subject  to  suc- 
cession tax  on  transfer  by  will  or 
inheritance.     5-874. 

— state  taxation  of  federal  bonds  and  ob- 
ligations.    4-936. 

Building  contract  with  United  States,  va- 
lidity of  assignment  of  proceeds. 
191SD-614. 

Civil  War  claims,  validity  of  statute  regu- 
lating attorneys'  fees.  1918C-863, 
872;  I91SE-538. 

Claims  against  United  States,  assignment, 
scope  and  construction  of  statute  pro- 
hibiting.    20-1119. 

— attorney's  fee,  validity  and  construc- 
tion of  statute  limiting  amount. 
1918C-863,  872;  1918E-538. 

— part  payment  of  claim  as  satisfaction. 
1914D-824, 

Common  law  as  not  obtaining  in  federal 
courts.     1918A-984,  991. 

Contractor's  bond,  right  of  one  furnishing 
labor  or  material  for  public  work  to 
sue  on  bond  given  by  contractor. 
1916A-761. 

Contracts  with  United  States,  annulment, 
suspension  or  modification,  rights  with 
respect  to.     1918E-5,  34. 


UNITED  STATES— Continued. 

— compensation,  right  to  additional  under 
contract  with  government.  1918E- 
14,  36. 

Costs,  liability  of  federal  government.  S- 
398. 

Criminal  law,  adoption  of  state  laws  for 
places  under  federal  jurisdiction.  21- 
946. 

— place  df  trial  and  rights  of  accused  in 
federal   courts.     17-1117. 

Dredging  through  land  under  water  held 
by  private  owner,  right  of  federal 
government.     1915A-234. 

Ejectment  against  federal  officer  or  agent 
in  actual  possession  of  premises,  right 
to  maintain.     1913D-357. 

Eminent  domain,  exercise  of  power  for 
benefit  of  United  States.    1915D-1228. 

— nature  and  extent  of  power  of  United 
States.     1918E-39, 

— state  lands  as  subject  to  condemnation. 
15-489. 

Extraterritorial  operation  of  federal  stat- 
ute as  to  acts  of  citizens  of  United 
States  performed  in  another  country. 
16-1050. 

Indians  as  subject  to  state  regulation.  13- 
192;    1914B-652;   1915D-371. 

Militia,  power  of  federal  government  with 
respect  to  state  militia.     1917B-250. 

Officer  of  United  States,  who  is,  so  as  to 
be  free  from  interference  by  state 
courts.     1914B-105. 

Patent  rights,  infringement  by  govern- 
ment or  governmental  agents,  remedy 
against.     15-1109. 

Pension  checks,  right  to  recover  money 
paid  to  bank  cashing  forged  check. 
16-1189. 

Public  works  of  United  States,  what  con- 
stitute.    11-595. 

Reservations,  right  of  state  or  territory 
to  tax  personalty  thereon.     14-964. 

Res  judicata,  judgment  in  criminal  pro- 
ceedings as  bar  to  civil  action  by 
United  States.     5-80. 

Salary  or  income  of  state  officer,  power  of 
federal  government  to  tax  and  vice 
versa.     7-87;  12-827. 

Special  assessments,  liability  of  property 
of   United   States   in   absence    of  ex- 


UNITED  STATES  COURTS— USAGES  AND  CUSTOMS.  885 


UNITED   STATES — Continued. 

press     statutory     provision.       16-886; 
1917D-844. 

Taxation  by  federal  government  of  instru- 
mentalities of  state  governments.  4— 
747. 

— state  taxation  of  property  granted  or 
sold,  but  to  which  federal  government 
still  holds  legal  title,  liability.  11- 
391. 


UNITED  STATES  COURTS. 

See  Courts. 

UNITED  STATES 
MARSHALS. 

Carrying    concealed    weapons,    exemption 
from  statute  against.     1914A-258. 

UNIVERSITIES. 

See  Colleges  and  Universities. 


UNMARRIED  WOMAN. 

Meaning  of  term  within  statute  relating  to 
seduction.     17-65. 


UNNATURAL  DISPOSI- 
TION OF  PROPERTY. 

Unjust  or  unnatural  disposition  of  prop- 
erty as  evidence  of  testamentary  in- 
capacity.    13-1044J    1917C-130. 


UNOCCUPIED. 

Meaning  as  used  with  reference  to  build- 
ing in  fire  insurance  policy.  1912D- 
82. 


UNREGISTERED 
TRANSFERS. 

Eights  of  unregistered  transferee  of  corpo- 
rate stock  as  against  attachment  or  ex- 
ecution levied  thereon.  21-1394; 
1917A-428. 


UNKNOWN    CLAIMANTS. 

Constructive    service,    validity    of    statute 
providing  for.     1914D-677. 


UNLAWFUL   ASSEMBLY. 

Distinction  between  riot  and  unlawful  as- 
sembly.    17-1149. 

Engaging  in  labor  or  amusement  on  Sun- 
day as  offense  at  common  law  or  un- 
der statute  other  than  Sunday  law. 
1918B-387. 


UNLAWFUL  DETAINER. 

See  Forcible  Entry  and  Detainer. 

Estoppel  of  tenant  to  deny  landlord's  title 
in  action  by  landlord  to  recover  pos- 
session of  premises.     1912D-101. 

Yendee  under  contract  to  purchase,  right 
to  bring  action  of  unlawful  detainer 
against  him.     1915C-317. 


UNLOADING  CARS. 

Persons    engaged    in    work    as    not    bare 
licensees.     1-601. 


UNREPEATED  MES- 
SAGES. 

Stipulation  regarding  unrepeated  message, 
applicability  in  cases  of  negligence  in 
transmission  or  delay.     14r-374. 


UNTENANTABLE. 

Meaning  of  word  in  lease.     1913A-1101. 

URINARY  ORGANS. 

Excessiveness  or  inadequacy  of  verdict  for 
injuries   affecting.     16-43;    1916B-442. 

USAGES  AND  CUSTOMS. 

Agent's  power  to  delegate  authority  as  im- 
plied from  usage.     1915D-14. 

Arbitrators,  power  to  determine  existence 
of  usage  or  custom.     1916D-360. 

Attorney's  personal  liability  for  incidental 
expenses  of  action  as  affected  by  cus- 
tom.    1917B-523. 

Beneficial  associations,  customary  accept- 
ance of  arrearages  for  dues  and  gen- 
eral course  of  dealing  as  constituting  • 


886    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


USAGES  Ain>  CUSTOMS— Continued. 

waiver    of    forfeiture    of    certificate. 
11-541;   1914C-439;    1916D-592. 

Carriers  of  goods,  delivery  of  goods  to  car- 
rier by  deposit  at  other  than  regular 
station  as  affected  by  custom.  1912D- 
130. 

^reasonable  time  for  removal  of  goods  by 
consignee  from  premises  of  carrier  'as 
affected  by  custom,  21-534,  538; 
1918E-1116. 

Carriers  of  passengers,  contributory  negli- 
gence of  passenger  alighting  on  non- 
platform  side  of  train  as  affected  by 
custom  or  usage.     1914C-506. 

• — evidence  of  custom  of  passengers  alight- 
ing from  train  or  car  at  other  than 
usual  stopping  place  or  depot  as  ad- 
missible in  action  against  carrier  for 
injuries.     1913C-1383. 

— stopping  places,  right  of  passenger  to 
rely  on  custom  of  letting  passengers 
off  at  destination  not  usual  stopping 
station.     1912C-556. 

Clearing-house  usages.     1914C-514. 

Crops,  right  of  outgoing  tenant  on  expira- 
tion of  term  as  affected  by  custom. 
9-1140. 

Evidence,  general  conduct  under  proven 
circumstances,  admissibility  to  show 
similar  conduct  under  similar  circum- 
stances on  particular  occasion.  1913D- 
1256. 

Factor's  duty  to  insure  principal's  goods  as 
imposed  by  custom  or  usage.     14-681. 

Pire  insurance  contract  as  subject  to 
modification  by  parol  evidence  of  cus- 
tom or  usage.     1914C-72. 

Fishing  right  in  navigable  river  acquired 
by  usage  or  custom.     21-781. 

Judicial  notice  of  usage  or  custom.  12-* 
430;  1912A-397. 

Life  insurance,  custom  of  receiving  over- 
due payments  of  insurance  premiums 
as  evidence  of  waiver  of  forfeiture 
clause,     7-386. 

Master  and  servant,  contract  of  hiring  for 
indefinite  time,  duration  of  general  con- 
tract as  affected  by  custom.  8-281; 
1913D-218. 

— rules  and  regulations  of  master  as  in- 
operative under  customary  practice  of 
servants.     8-12;   10-153. 

Negligence,  ordinary  practice  or  custom  in 
performance    of    similar    act,    admis- 


USAGES  AND  CUSTOMS— Continued. 

sibility  as  evidence  on  issue  of  negli- 
gence,    20-1205;   1913D-1256, 

Nonresident  as  bound  by  local  custom  or 
usage.     19-945, 

Pewholder's  rights  as  affected  by  custom. 
1915C-951. 

Pleading  custom,  necessity  in  negligence 
action.     1912B-1064. 

Public  parks  and  squares,  effect  of  usage 
upon  right  to  erect  buildings  therein, 
11-468;  21-141. 

Railroads,  knowledge  of  usage  or  custom 
in  operation  as  affecting  contributory 
negiigence  of  injured  sectionmen  or 
track-repairers.     8-335. 

— signaling  at  private  crossings  by  rail- 
road, failure  to  give  customary  signals 
as  affecting  right  to  recover  for  in- 
juries,    21-571, 

Eent  payments,  effect  of  customary  ac- 
ceptance by  landlord  after  stipulated 
time,     15-253. 

Stock  broker  and  customer's  relations  as 
affected     by     customs     and     usages. 
'     1915B-908. 

Unconscious  performance  of  physical  act 
as  result  of  constant  repetition  of  act. 
1913A-1143. 

Verdict,  requirement  of  signature  as 
affected  by  usage  of  jurisdiction. 
1913D-182, 

Warehouses,  whether  deposit  of  grain  is 
bailment  or  sale  as  affected  by  cus- 
tom or  usage.     10-1076. 

Words,  peculiar  signification  of  word  iji  lo- 
cality where  instrument  was  executed, 
admissibility  of  evidence.     1916C-655. 


USE. 

Loss  of  use  in  case  of  injury  to  article  used 
for  pleasure,  right  to  recover  damages, 
1917A-127, 

Value  of  use  of  chattel,  evidence  admis- 
sible to  show.     1914B-808. 

— right  of  successful  party  in  replevin  to 
recover  as  damages  value  of  use  of 
property  while  deprived  of  its  posses- 
sion.    1914A-378;   1917B-10S6. 

Vessel,  loss  of  use  as  element  of  damages 
for  collision  without  total  loss. 
1917B-999. 


XJSEK^USUBY. 


887 


USER. 

Creation  of  highway  by  user  through  mis- 
take of  other  than  authorized  location. 
3-142. 

Implied  acceptance  by  public  user  of  land 
dedicated  for  highway,     3-792. 

Presumption  of  dedication  from  user  of 
highway.     1914D-335. 

Width  of  highways  acquired  by  adverse 
user.     2-973. 


USING. 

Meaning  of  "using"  in  fire  insurance  policy 
as  applied  to  prohibited  articles.     13-  - 
549;  19-414;  1914B-133;  1918D-294.      • 


USURPERS. 

Distinction  between  usurper  and  de  facto 
officer.     1913C-1046. 

Quo  warranto  as  remedy  extending  to 
usurpation  of  office  in  private  corpora- 
tion.    1915A-1145. 


USURY— Continued. 

other  jurisdiction,  law  governing  va- 
lidity.    11-225. 

Corporations  pleading  usury  as  defense, 
statutes  prohibiting.     14-115. 

Defense  of  usury,  availability  to  pur- 
chaser of  property  charged  with 
usurious  debt.     2-46;  1912B-224. 

cJxcGutors  and  administrators,  agreement 
to  pay  usurious  interest  by  personal 
representative  as  binding  upon  estate 
of  decedent.     1-770. 

"Foreign  laws,  presumption  as  to  penalty 
imposed  by.     1—459. 

Mortgages,  usurious  mortgage  as  defense 
by  purchaser  of  property  who  assumes 
existing   mortgage.     1914A-188. 

Penalty,  amount  under  statutes  author- 
izing recovery  of  double  amount  of 
interest  paid.     3-849. 

Renewal  contract  as  affected  by  usury  in 
original  contract.     1918A-753,  769. 

Repeal  of  statute  as  affecting  prior  con- 
tract void  under  statute.     1913C-1401. 


USURY. 

1.  In  General. 

2.  What  Constitutes  Usury. 
S.  Remedies. 

4.  Criminal  Liability. 

1.    In  General. 

Agent  entering  into  usurious  contract,  act 
as  binding  principal.     1916C-327. 

Assignment  of  chose  in  action  "without  re- 
course," implied  warranty  as  to  usury. 
1912A-925. 

Attorney  taking  usury  as  ground  for  dis- 
barment.    1914C-287. 

Banks,  usurious  note  discounted  by  bank 
before  maturity  without  notice  of 
usury,  validity  in  hands  of  bank.  12- 
1149. 

Building  and  loan  associations,  exemption 
from  usury  laws,  constitutionality  of 
statutes,     2-996;    20-1252;    1916E-232. 

— usury  laws  governing  building  and  loan 
contracts.     1-241;  14-736. 

Conflict  of  laws,  mortgage  on  lands  in  one 
jurisdiction  given  to  secure  debt  con- 
tracted or  obligation  executed  in  an- 


2.    Wiat  Oonstitntes  Usury. 

Acceleration  of  maturity  of  debt  on  de- 
fault in  payment  of  interest  or  instal- 
ment of  principal,  provision  as 
usurious.     1917D-725. 

Accommodation  paper  purchased  at  dis- 
count in  excess  of  legal  rate  without 
notice  of  nature  thereof  as  constitut- 
ing usury.     1912D-S87. 

Advance  taking  of  interest  as  usury. 
1915C-1156. 

Building  and  loan  association  contract  as 
usurious  in  absence  of  statute.  1914C- 
1305. 

Computing  interest  on  basis  of  three  hun- 
dred and  sixty  days  in  year  as  usury. 
4-643. 

Excessive  price  on  sale  of  property  to  en- 
able purchaser  to  raise  money  by  re- 
selling as  usurious  transaction,     7-986. 

Efxpenses  of  making  loan,  exaction  from 
borrower  as  usury.     1914C-410. 

Increased  interest  after  maturity  of  in- 
debtedness, stipulation  for  as  consti- 
tuting usury.     7-489. 

Interest  on  overdue  interest  as  usury. 
13-151. 


INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


USUEY— Continued. 

Mistake,  reservation  of  illegal  interest 
through  mistake  of  fact  as  usury,     9- 

548. 

Negotiable  instrument  sold  fot  less  than 
face   value   as  usury.     1913C-1327. 

Payment  of  debt  before  maturity  includ- 
ing interest  to  maturity  as  usury.  20- 
1350. 

Recording  or  other  tax,  requiring  borrower 
to  pay  as  usury.     1915C-777. 

Relation  of  parties  as  affecting  usurious 
nature  of  contract.     1915D-115. 

Sale  of  property  or  performance  of  labor 
on  credit  as  within  usury  law.  20- 
1131. 


3.    Remedies. 

Equity  jurisdiction  to  grant  affirmative  re- 
lief against  usurious  contract.     2-912. 

Limitation  of  actions,  running  of  statute 
against  action  to  recover  penalty  or 
forfeiture  for   taking  usury.     21-446. 

National  banks,  jurisdiction  of  action  to 
recover  penalty  for  taking  usurious 
interest.     1916D-1246. 


USURY — Continued. 

— sufficiency  of  petition  or  complaint  in 
action  against  national  bank  for  tak- 
ing usurious  interest.     1912C-689. 

Necessity  that  person  seeking  equitable  re- 
lief against  usury  should  do  equity. 
1914D-1028. 

Parol  evidence,  admissibility  to  show 
usurious  character  of  contract.  16- 
390. 

Recovery  of  usurious  interest,  right  of 
debtor  as  affected  by  statute  pro- 
viding other  remedy.     1915A-762, 

Replevin,  right  to  show  usury  under  gen- 
eral denial.     20-301. 

Voluntary  payment  of  usury,  recovery.  1- 
421. 

4.     Criminal  Liability. 

Constitutionality  of  statutes  declaring  tak- 
ing of  usury  criminal.  5-386;  1912C- 
828. 

Cruel  and  unusual  punishment  for  taking, 
what  constitutes.     1918B-400. 

Place  where  usury  law  is  violated  as  dis- 
orderly house.     18-988. 

UTTERING. 

See  Forgery, 


V 


VACANCY. 


Adverse  possession,  vacancy  of  land  as 
constituting  break  in  continuity  of 
possession.     1916A-608. 

Fire  insurance,  applicability  of  vacancy 
clause  where  building  becomes  unin- 
habitable without  fault  of  insured. 
1914C-1175. 

— ^rented  property,  construction  of  vacancy 
clause  in  policy  issued  on  rented  prop- 
erty.    9-95;    1917B-669. 

— revival  of  policy  by  occupancy  after  va- 
cancy.    9-55;  1916C-770. 

— "unoccupied,"  meaning  of  term  as  used 
with  reference  to  building  in  policy. 
1912D-82. 

Public  officers,  death  of  officer-elect  before 
commencement  of  term  as  creating 
vacancy  in  office.     17-86. 


VACANCY— Continued. 

— existence  of  vacancy  in  office  on  taking 
effect  of  law  creating  office.  1915D- 
127. 

— governor,  existence  and  effect  of  va- 
cancy in  office.     1915A-577. 

— notice  of  vacancy  to  be  filled  by  election, 
effect    of   failure   to  give.     1914C-595. 

— term  of  person  elected  or  appointed  to 
fill  vacancy  in  absence  of  express  stat- 
utory or  constitutional  provision.  12- 
572;  1913D-619. 


VACANT  LOTS. 

Playing  games  on  vacant  lot  as  nuisance 
for  which  owner  may  be  enjoined. 
14-177. 


yACATION— VALUE. 


889 


VACATION. 

Courts,  judge  in  vacation  as  "court." 
1913E^392. 

— power  of  court  sitting  in  vacation  with 
respect    to    pleadings.     1916A-1228. 

Judgments,  adoption  decree,  grounds  for 
vacation.     17-548. 

— direct  proceedings  for  vacation  of  divorce 
decree  brought  by  surviving  party  af- 
ter death  of  other  party.  5-892; 
1913B-369. 

— divorce  decree,  po^er  of  court  to  vacate 
for  fraud.     18-1002. 

— ^infants,  vacation  of  judgment  affecting 
infant  duly  represented.     1917B-922. 

— subsequent  term,  power  of  court  where 
proceeding  to  vacate  is  commenced 
during  term  at  which  judgment  is  ren- 
dered.    1916D-1260. 

New  trial,  power  of  court  to  vacate  order 
determining  motion  for  new  trial. 
1913B-485;  1917C-1151. 

Streets,  compensation  for  vacation  of 
street,  persons  entitled  to.  15-687; 
1913D-790;  1916C-238. 

— power  to  vacate  streets.     2-S7. 


VACCINATION. 

Compulsory  vaccination,  validity  of  statutes. 
1-336;    3-773;    7-417;    10-882;   14-945. 

Suspension  of  child  from  school  because  not 
vaccinated,  right  to  suspend.  1912A- 
375. 


VAaRANCY. 

Constitutionality     of     vagrancy    statutes. 

21-478. 
"Crime"   for   conviction   of  which   witness 

may     be     impeached,     vagrancy     as. 

1916A-277. 
Fortune-tellinqr,     1914A-900. 


VALIDATING  ACTS. 

Legislative  power  to  validate  or  invalidate 
judgments  of  courts.     2-241. 

Validating  unconstitutional  statute  by 
amendment.     4-920. 


VALUABLE  PAPERS. 

What  are  within  rule  that  holographic  will 
must  be  found  among  valuable  papers. 
5-636. 


VALUABLE  THING. 

Legal  meaning  of  term.     1915A-30. 


VALUE. 

Attorney's  services,  expert  evidence  on 
question  of  value,  admissibility  and 
necessity.     20-53;    1914D-369. 

Bankruptcy,  insolvency  within  bankruptcy- 
law  as  affected  by  value  of  exemp- 
tions, preferences,  fraudulent  trans- 
fers, contingent  value,  fair  market 
value  and  mortgagor's  interest  in 
mortgaged  property.     11—449. 

Bribery,  sufficiency  of  indictment  or  infor- 
mation with  respect  to  allegation  of 
value  of  thing  offered  or  received  €18- 
bribe.     1918A-314. 

Carrier  of  goods,  contract  between  carrier 
of  goods  and  shipper  fixing  value  for 
purpose  of  limiting  liability  to  such 
amount,  validity.  12-1124;  18-353; 
1913D-981. 

— depreciation  in  value,  carrier's  delay  in 
transporting  goods  resulting  in  de- 
preciation, measure  of  damages  for. 
1917D-164. 

— value  of  railroad  property  as  element  in 
determining  reasonableness  of  rates 
charged.     1916A-14,  56. 

Comparison  with  other  property  to  estab- 
lish value,  existence  of  similarity  in 
order  to  render  evidence  admissible  as 
question  for  court.     1913D-5S2. 

Conversion  of  property  without  commer- 
cial value,  trover  for.     1914B-823. 

Corporate    stock,    evidence    admissible    to 

prove   value.     1915C-64. 
— value  of  stock  as  element  of  damages  for 

conversion.     18-608. 

Eminent  domain,  admissions  or  declara- 
tions of  owner  as  to  value  of  property, 
admissibility  in  evidence.     1912D-289. 

— availability  of  water  supply  as  element 
of  value  of  land   taken.  '  1912C-1238. 

— jury's  finding  of  value  in  eminent  do- 
main proceedings,  basis  for.     3-302. 

— offer  to  purchase  by  third  person  as  evi- 
dence of  value  of  property  taken. 
5-971. 

— price  paid  by  other  than  condemnor  for 
similar  property  as  evidence  of  value. 
1916E-598. 

— proof  of  price  paid  by  condemnor  for 
other  property  for  use  in  same  enter- 


890    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


VALUE — Continued. 

prise  as  evidence  of  value  of  property 
condemned.     20-695;  1914A-375. 
— time   for    estimating   value   of   property 
appropriated  for  public  use.     9-115. 

Evidence,  owner  as  qualified  to  testify  as 
witness  to  value   of   property.     8-S32. 

— price  paid  for  personalty  or  services  as 
constituting  evidence  of  value.  1916D- 
797,  805,  810. 

Exchange    of    property,    ascertainment    of 
value  as  element  of  measure  of  dam- 
15-476. 


Homestead,  increase  or  decre^ase  in  value 
of  homestead  as  affecting  right  of  re- 
.   assignment.     16-119. 

Inheritance  tax,  appreciation  or  deprecia- 
tion of  property  subsequent  to  death 
of  decedent  as  affecting  assessment  of 
succession  tax.     1912C-1017. 

— ^life  beneficiary's  interest,  method  of  de- 
'  termining  value  under  Inheritance  Tax 
Act.     1914D-77. 

Innkeepers,  necessity  that  guest  declare 
value  of  property  deposited  with  inn- 
keeper   for    safekeeping. .    1914D-367. 

Larceny,  degree  of  larceny  as  determined 
by  proof  of  value  of  article  stolen. 
1912A-895. 

— necessity  of  alleging  value  in  indictment 
for  larceny.     2-857. 

— verdict  of  conviction  for  larceny,  neces- 
sity for  stating  value  of  stolen  goods. 
19-687. 

Life  insurance  policy,  value  as  susceptible 
of  judicial  determination.     1914D-164. 

Market  value,  household  goods,  measure  of 
damages  for  conversion,  or  failure  to 
deliver,  household   goods.     1917B-585. 

— ^loss  or  destruction  of  property  having  no 
market  value,  measure  of  damages. 
1917B-579. 

Money,  necessity  of  alleging  value  in  in- 
dictment   for    embezzlement.     13-554. 

Replevin,  depreciation  in  value  of  re- 
plevied property  as  affecting  right  of 
defendant  to  compensation  on  return 
of  property.     2-961. 

— recital  of  value  in  replevin  writ  or  bond 
as  evidence  in  action  on  bond.  IS- 
113. 

— use  of  property  unlawfully  detained  as 
element  of  damages  recoverable  in  re- 
plevin.    1914A-378;  1917B-1086. 


VALUE — Continued. 

— value  of  property  replevied  as  recover- 
able in  action  for  breach  of  replevin 
bond.     4-1135. 

Sales,  bill  of  sale  as  mortgage,  admissibil- 
ity of  evidence  of  value  of  property 
transferred  upon  issue.     11-327. 

— misrepresentation  as  to  value  of  goods, 
measure  of  damages.     1913E-274. 

Specific  performance,  change  in  value  of 
property  as  warranting  court  in  re- 
fusing specific  performance  of  con- 
tract for  sale  of  land.     1912C-559. 

Use  of  chattel,  evidence  admissible  to 
show  value  of  use.     1914B-808. 

Vessels,  value  of  use  as  element  of  dam- 
ages for  loss  resulting  from  collision 
without  total  loss.     1917B-1002. 

■ — wrecks,  value  of  wreck  as  element  in  de- 
termining constructive  total  loss  under 
marine  insurance.     12-23. 


VALUE  RECEIVED. 

Sufficiency  of  recital  as  statement  of  con- 
sideration.    1912A-1241. 


VARIANCE. 

Attachment,  variance  in  statement  of 
claim  between  affidavit  for  attachment 
end  declaration.     3-186. 

Burglary  indictment  and  proof  as  to  own- 
ership of  goods,  effect.     1912C-116. 

Indictment  and  proof  with  respect  to  suflix 
to  name.     1917A-1214. 

Insurance,  application  or  policy  as  govera 
ing  in  case  of  variance.     11-708. 

Negotiable  instrument  as  to  name  of  payee 
and  his  indorsement,  effect.  1914I>- 
979. 

Perjury  variance  between  pleading  ana 
proof  as  to  date  of  false  swearing. 
21-1157. 

"Reversal  of  judgment  for  variance,  right 
of  appellate  court  sua  sponte.  1914A- 
468. 

— technical  violation  of  rule  that  allega- 
tions and  proof  must  agree  as  warrant- 
ing reversal   of  judgment.     1913D-6S. 

Statutes,  printed  statute  and  enrolled  bill, 
which  governs  in  case  of  variance. 
17-365. 


VARICOCELE— VEHICLES. 


891 


VARICOCELE. 

Excessiveness  of  verdict  for  injury  result- 
ing in  varicocele.     16-46. 


VARICOSE  VEINS. 

Excessiveness  of  verdict  for  injury  result- 
ing in  varicose  veins.    16-46. 


VASECTOMY. 

Vasectomy    as   cruel   and  unusual  punish- 
ment.    1918B-398. 


VAULTS. 

Abutting  owner's  right  to  construct  vault 
under  sidewalk.     2-366. 

Burglary,  sufficiency  of  indictment  with  re- 
spect to  description  of  vault.  1913D- 
876. 

VEGETABLES. 

Diseased  vegetables,  validity  of  statute 
providing  for  destruction.    1917E-220. 


VEGETATION. 


Brick   kiln 
gence. 


injuring   vegetation   as    negli- 
1917E-422. 


Gas  escaping  from  pipes  injuring  vegeta- 
tion, liability  of  gas  company.  1914C- 
362. 

VEHICLES. 

See  Automobiles. 

Business  vehicles  prohibited  use  of  streets, 
validity  of  ordinance.     1916E^969. 

Collision  with  motorcycle,  right  of  action 
of  driver  of  latter.     1917A-223. 

Contributory  negligence  of  driver  as  im- 
putable to  occupant  of  vehicle. 
3-703;  9-408;    1916i>-685. 

Exemptions,  vehicle  as  tool,  implement  or 
instrument  within  exemption  statute. 
1917D-96. 

Fire  apparatus,  care  required  of  driver  of 
vehicle  to  avoid  collision  with  vehicle. 
1918A-290. 

Guests,  liability  of  owner  of  vehicle  for 
injury  to  person  riding  as  guest. 
1915D-345. 


VEHICLES— Continued. 

Hacks,  taxicabs  or  the  like,  municipal  reg- 
ulation.    1914D-735. 

Imputed  negligence,  automobile  driver's 
negligence  as  imputable  to  occupant. 
19-1225. 

— spouse  driving  vehicle,  negligence  as  im- 
putable to  spouse  injured.    1912A-648. 

Infant  stealing  ride  on  vehicle,  liability 
for  injury.     1917D-379. 

Licenses,  carrying  person  or  property  for 
hire,  power  of  municipality  to  tax  for 
use  of  streets.     5-908;  14-545. 

Lien  for  repair  of  wagon,  assignability. 
1916A-619. 

Manufacture  of  vehicles,  contracts  as 
within  statute  of  frauds.     19-1304. 

Motor  vehicles  as  included  within  word 
"vehicle,"  "carriage"  or  similar  term. 
6-922;    1913B-755;    1916B-513. 

Name  on  vehicle  as  evidence  of  ownership. 
1915D-353. 

Negligent  operation  of  vehicle  in  streets, 
liability  of  city.     1914B-342. 

Pedestrians,  rights  and  duties  of  vehicles 
as  respects  jpedestrians.  4-398'; 
1914A-249. 

Person  working  in  street,  driver's  duty 
and  liability  with  respect  to.  1912A- 
848. 

Eight  of  way,  validity  of  statute  giving 
particular  vehicles  right  of  way  in 
streets.     1915A-93. 

Speed  regulation  of  vehicles  in  streets  and 
highways,  constitutionality  of  statutes 
and  ordinances.  3-495;  7-551;  8-347; 
11-728;  1916E-1067. 

Stopping  or  leaving  vehicle  in  dangerous 
place  in  street  as  negligence  preclud- 
ing recovery  for  resulting  injuries. 
1917C-1229,  1243. 

Street  railway,  duty  and  liability  as  to 
vehicles  moving  along  its  tracks.  7- 
1127;  18-510. 

— ^liability  for  injury  to  vehicle  caused  by 
manner  of  construction  of  track. 
1913D-532, 

— motorman's  duty  to  give  notice  to  ve- 
hicle near  tracks  of  approach  of  car 
by  sounding  gong  or  bell.     20-157. 

Turning  to  right,  how  far  vehicles  must 
turn  to  right  to  comply  with  law  of 
road.     5-148. 


892    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918B. 


VIIHICLES — Continued. 

Width  of  tires,  validity  of  statute  or  ordi- 
nance regulating.     21-1222. 

Workmen's  Compensation  Act  as  applica- 
ble   to    operation   thereof.     1917D-28. 

VENDOR  AND  PUR- 
CHASER. 

1.  In  General. 

2.  Options. 

3.  Contracts  of  Sale. 

A.  Genebat.t.y. 

B.  Eescission. 

C.  Statute  of  Frauds. 

4.  Kights  of  Parties. 

A.  Generally. 

B.  Specific  Perfoemancb. 

5.  Interest,  Title  and  Possession. 

A.  Generally. 

B.  Bona  Fide  Purchasers. 
S.  Liens. 

7.  Covenants  and  Restrictive  Agreements. 
See  Public  Lands. 

1.    In  General. 

Abstracts  of  title,  liability  of  abstractor 
as  enforceable  by  either  party. 
1918E-94. 

Conflict  of  laws  as  to  executory  contract 
for  sale  of  land.     20-468. 

Corporations,  ultra  vires  sale  of  property, 
right  of  vendee  to  object.  I916A- 
841. 

Curte&y,  right  in  lands  held  under  contract 
of  purchase.     15-580. 

Descent  and  distribution,  estate  taken  by 
devisee  of  land  contracted  to  be  sold. 
9-34. 

Dower  right  of  widow  in  contract  to  con- 
vey land  unexecuted  at  time  of  death. 
1913A-630. 

Fixtures,  effect  of  agreement  that  articles 
annexed  to  land  shall  not  become  fix- 
tures and  that  title  shall  not  pass  on 
rights  of  subsequent  purchaser  or 
mortgagee  of  land  without  notice.  4- 
1073. 

Lis  pendens,  effect  upon  prior  executory 
contract  for  sale  of  land.     7-1092. 


VENDOR  AND  PURCHASEB^Continued. 

Mechanic's  lien,  improvements  by  vendee 
as  subjecting  realty  to  mechanic's 
lien.  11-1085;  19-736;  1916C-1135- 
1918C-1019. 

Negroes,  right  to  enjoin  owner  from  sell- 
ing or  offering  to  sell  realty  to  colored 
persons.     1914B-826. 

Nuisances  on  property,  liability  of  pur- 
chaser   for    continuation.     13-108. 

Trees  and  timber,  time  within  which 
standing  timber  reserved  in  convey- 
ance of  land  must  be  removed.  6- 
249. 


2.     Options. 

Brokers,  option  given  broker  to  purchase 
in  contract  employing  him  to  find  pur- 
chaser, rights  of  parties.    1914D-1205. 

• — ^power  to  option  not  included  within 
broker's  power  to  sell.  2-423;  1914C- 
366. 

Equitable  conversion,  application  of  doc- 
trine to  optional  purchase  of  land. 
1913B-67. 

Incumbrances,  rights  of  parties  under  op- 
tional contract  for  purchase  of  land, 
where  land  is  subject  to  incumbrance 
not  provided  for  in  contract.  1913E- 
923. 

Injury  or  destruction  of  premises  as  af- 
fecting rights  of  parties  under  option 
contract  of  purchase.     1913A-1295. 

Leases,  effect  of  option  to  purchase  con- 
tained in  lease  of  taking  new  lease  of 
premises.     1915A-357, 

Perpetuities,  option  to  purchase  realty  as 
violation  of  rule  against  perpetuities. 
1916D-577. 

Sale  or  assignment  of  option  to  purchase 
land,  right  to  sell  or  assign.  1914B- 
1228. 

Specific  performance  of  optional  contracts. 
1-990;   12-90;    1913A-362. 


3.    Contracts  of  Sale. 

A.     Generally. 

"About,"  meaning  with  reference  to  quan- 
tity in  contract  for  sale  or  exchange 
of   land.     1918D-701. 

Agent  expressly  authorized  to  execute 
contract  for  sale  of  land,  but  contract 


VENDOR  AND  PURCHASER. 


893 


VENDOR  AND  PURCHASEE^Continued.      VENDOR  AND  PURCHASER— Continued. 


containing   terms    not    expressly    au- 
thorized, effect.     1914D-1087, 

^'Assignees"  as  including  purchasers  or 
grantees.     1913B-737,  739. 

Assignment,  necessity  that  written  con- 
tract for  purchase  of  land  be  assigned 
in   writing.     15-1177. 

— ^restriction  against  assignment  in  con- 
tract for  sale  of  realty,  validity  and 
enforceability.  1913A-229j  1915  A- 
1127. 

Avoidance  of  contract  to  convey  realty, 
provision  avoiding  contract  on  failure 
of  vendee  to  perform  conditions  as 
provision  for  benefit  of  vendor  only. 
19-641. 

Brokers,  power  of  real  estate  broker  to 
make  contract  for  sale  of  land.  8- 
851;   1917A-522. 

Collateral  oral  agreement  as  admissible  to 
supplement  terms  of  contract  for  sale 
of    realty.     1914A^56. 

Corporations,  authority  of  officer  of  cor- 
poration to  enter  into  contract  for 
purchase  or  sale  of  real  estate. 
1917A-482. 

^'Escrow,"  term  as  applicable  to  contract 
for   sale   of   land.     1916B-1031. 

Executed  sale  of  land,  admissibility  of 
parol  evidence  to  establish  fact. 
1914C-708. 

False  representations  innocently  made,  lia- 
bility of  vendor  of  realty.     1913C-63. 

Fraudulent  representation  by  vendor  as 
to  area  as  actionable  deceit,  where 
true  boundaries  are  pointed  out.  16- 
502. 

Homestead  property,  validity  and  effect  of 
contract  to  convey  by  husband  with- 
out joinder  or  consent  of  wife.  9-13; 
15-1121;  1917A-77. 

-Opinion  on  question  of  law  by  party  to 
contract  for  sale  of  land  an  sufficient 
basis  to  support  charge  of  fraud. 
1913B-1143. 

Revival  of  defunct  contract  for  sale  of 
land  by  oral  contract.     17-1111. 

Stipulation  in  contract  of  sale  of  land 
giving  parties  right,  on  default,  to 
treat  transaction  as  lease,  validity 
and  effect.     1912A-576. 


Uncertainty  in  description  of  land  re- 
served or  excepted  in  contract  of  sale, 
effect.     19-1209. 

Written  matter  as  controlling  printed 
matter  in  construction  of  contract  for 
sale  of  land.     1913E-962. 


B.    Rescission. 

Assignment  of  contract  for  purchase  ot 
land,  right  of  assignee  to  sue  for  re- 
scission thereof.     1917E-845. 

False  statement  by  vendor  of  intention  to 
make  improvement  affecting  property 
sold  as  fraud  sufficient  to  avoid  con- 
tract of  sale  or  deed.     1914B-862. 

Misrepresentation  by  grantee  as  to  condi- 
tion, value,  etc.,  of  property,  right  of 
grantor  to  cancellation  of  deed. 
1912A^05. 

Mistake  in  quantity  of  land  as  ground  for 
rescission  of  sale.     4-52. 

Tender  of  less  land  than  quantity  pro- 
vided for,  right  of  purchaser  to  re- 
scind for  breach  of  contract.  1916D- 
1154. 

Venue,  county  in  which  action  to  set  aside 
contract  for  sale  of  realty  must  be 
brought.     3-727. 

Written  contract  for  sale  of  land,  neces- 
sity for  written  abandonment  or  re- 
scission.    14-729. 


C.    Statute  of  FEAxn)s. 

Improvements  placed  on  land  by  vendee, 
liability  of  vendor  on  breach  of  oral 
contract   for  sale.     1913C-390. 

Incumbrance  on  land,  oral  agreement  by 
vendor  or  vendee  to  remove  as  within 
statute  of  frauds.     1916B-221. 

Money  paid!  under  verbal  contract  for  sale 
of  land  right  of  purchaser  to  recover. 
2-931. 

Oral  contract  for  purchase  of  land  as  de- 
fense to  action  of  ejectment  against 
vendee  in  possession.     1912A-566. 

Repudiation  of  contract  for  sale  of  land 
by  vendee  on  ground  of  statute  of 
frauds,  right  of  vendee  to  recover  for 
his  acts  of  part  performance  where 
vendor  is  willing  to  carry  out  con- 
tract.    1914D-471. 


894    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


VENDOR  AND  PUECHASEE — Continued.      VENDOR  AND  PURCHASER — Continued. 


Several  parcels  of  land  sold  under  parol 
contract,  possession  of  one  as  part 
performance  within  statute  of  frauds. 
8-80. 

Terms  of  sale,  necessity  that  memorandum 
within  statute  of  frauds  contain.  9- 
lOGO. 

Undisclosed  principal,  memorandum  of  sale 
disclosing  that  one  party  signs  for  un- 
disclosed principal  as  sufficient  within 
statute  of  frauds.     12-487. 

Written  contract  to  convey  part  of  tract 
on  selection  by  vendor  or  purchaser 
as  within  statute  of  frauds.     19-373. 


4.    Rights  of  Parties. 

A.    Generally. 

Application  of  purchase  money,  duty  of 
purchaser  from  life  tenant,  trustee,  or 
other  donee  of  power  to  sell  to  see 
to   application.     4—371. 

Breach  of  contract  to  sell  due  toi  vendor's 
inability  to  make  title,  measure  of 
damages.     2-634. 

Crops  grown  by  purchaser,  right  to  crops 
after  termination  of  executory  con- 
tract for   sale   of  land.     1913B-635. 

— ^parol  reservation  of  crops  by  vendor  of 
land,  validity.  18-504;  1915A-1155; 
1916C-344. 

Deficiency  in  quality  or  quantity,  remedy 
of  vendee.     1915D-1108. 

Destruction  of  buildings  or  deterioration 
of  property  before  conveyance,  rights 
of  parties  to  executory  contract  for 
sale  of  lend.  9-1055;  18-796;  1913E- 
304. 

Ejectment  against  vendee  not  in  default, 
right  of  vendor  to  maintain  action. 
20-353. 

Equitable  conversion,  doctrine  as  appli- 
cable where  vendor  dies  before  car- 
rying out  contract  for  sale  of  realty. 
1914D-419. 

Execution  sale  of  land  held  under  contract 
of  sale,  injunction  against  at  suit  of 
either  purchaser  or  vendor.  1918C- 
194,  202. 

Improvements,  liability  of  vendor  for  im- 
provements placed  on  land  by  vendee 
on  breach  of  oral  contract  for  sale 
of  land.     1913C-390. 


— reimbursement  for  improvements,  right 
of  defaulting  purchaser  unde»  con- 
tract for  sale  of  land.     1917C-8o. 

Insurance  money,  right  of  parties  to 
executory  contract  for  sale  of  land 
where  buildings  are  destroyed  before 
conveyance.     9-1057. 

Interest,  liability  of  purchaser  in  posses- 
sion of  land  where  completion  of  con- 
tract is  delayed.     8-935. 

Money  paid,  right  of  purchaser  under 
verbal  contract  for  sale  of  land  to 
recover.     2-931;   1918C-432. 

Mortgaged  premises,  right  of  purchaser  to 
assignment  of  mortgage  on  paying  in-' 
debtedness.     1914B-570. 

Personal  deed  from  vendor,  right  of  pur- 
chaser under  contract  for  sale  of 
realty  to  demand.  1913B-958;  1915B- 
1038. 

Price  ol  land,  action  at  law  for  purchase 
price  on  breach  by  purchaser  of  ex- 
ecOtory  contract  for  sale  of  land.  4— 
791. 

— presumption  of  payment  of  purchase 
money  under  contract  for  sale  of  land. 
1913A-508. 

— return  of  consideration  on  repudiation 
of  void  contract.     1914C-898. 

Taxation,  liability  for  taxes  of  parties  to 
contract  for  sale  of  land.     18-450. 

— subrogation  to  tax  lien,  right  of  vendor 
or  vendee  paying  tax.  17-1135; 
1912B-751. 

Unlawful  detainer  against  vendee  under 
contract  to  purchase,  right  to  bring 
action.     1915C-317. 

Vendor's  inability  to  make  title,  measure 
of  damages  for  breach  of  contract  to 
sell  land.     2-634;   1917B-858. 

B.    Specific   Performance. 

Action  for  specific  performance  of  con- 
tract to  convey  realty  as  proceeding 
in  personam  or  in  rem.     3-1004. 

Change  in  value  of  property  as  warrant- 
ing court  in  refusing  specific  perform- 
ance of  contract  for  sale  of  land. 
1912C-559. 

Compensation,  right  of  specific  perform- 
ance of  contract  for  sale  of  land  with 
compensation.     1915D-1108. 


VENDOR  AND  PURCHASER. 


895 


VENDOR  AND  PURCHASER— Continued.      VENDOR  AND  PURCHASER— Continued. 


Extraterritorial  jurisdiction,  right  of  ven- 
dor in  executory  contract  for  sale  of 
realty  to  maintain  action  for  specific 
performance  where  land  is  situated  in 
another  state  or  country.     19120-539. 

Forfeiture  of  rights  under  contract  by 
failure  to  make  payment  as  affecting 
enforceability  by  vendee.  1913D- 
832;   1916B-687. 

Form  of  conveyance  which  may  be  de- 
creed in  action  for  specific  perform- 
ance of  contract  to  convey  land. 
19150-489. 

LfEches  as  defense  to  action  by  vendee 
where  contract  does  not  fix  time  for 
performance  of  contract  for  sale  of 
land.     1915B-1109. 

Oral  contract  for  resale  as  defense  to  ac- 
tion for  specific  performance  of  con- 
tract to  convey.     1914D-461. 

Partial  interest  in  land,  extent  of  enforce- 
ability of  contract  for  sale  of  land 
where  vendor  has  only  partial  inter- 
est.    10-562. 

Payment  or  tender  of  purchase  price  as 
condition  precedent  to  right  of  pur- 
chaser to  specific  performance.  4-852; 
19130-647. 

Price  to  be  fixed  by  appraisers,  specific 
performance  of  contract  for  sale  of 
land.     8-664. 

Subsequent  sale  by  vendor  to  another, 
right  of  original  vendee  in  contract 
to  convey  realty  to  specific  perform- 
ance against  later  purchaser.  17- 
1036. 

Time  to  perfect  title,  when  vendor  in  suit 
for  specific  performance  may  be  al- 
lowed  tim«  by  court.     1912A-323. 

Wife  of  vendor  refusing  to  join  in  con- 
veyance, specific  performance  of  hus- 
band's contract  to  convey.  14-671; 
1914A-207;    19150-1038. 


5.    Interest,  Title  and  Possession. 

A.    Generally.  « 

Aliens,  estoppel  of  grantor  in  deed  to  deny 
title  of  alien  grantee  on  ground  that 
latter  cannot  hold  property.     13-532. 

Assignment  by  vendor  or  by  purchaser  of 
executory  contract  for  sale  of  land,  in- 
terest taken  by  assignee.     5-419. 


Creditor's  bill  as  reaching  interest  in  con- 
tract for  purchase  of  land.  1914B- 
953. 

Curing  defective  description  of  land  by 
putting  purchaser  in  possession. 
1912A-750. 

Defective  title  as  defense  to  action  for 
purchase  price  against  purchaser  in 
possession.     3—365. 

Descent  and  distribution,  descendible  and 
devisable  quality  of  interest  of 
vendee  in  executory  contract  for  sale 
of  realty.     8-954. 

Eminent  domain,  compensation  as  between 
grantor  and  grantee  where  land  is 
conveyed  pending  condemnation  pro- 
ceedings.    1915A-732. 

—condemnation  of  land,  right  of  vendee 
under  contract  of  sale  to  compensa- 
tion.    1912A-456. 

— railroad  right  of  way,  purchaser's  right 
to  recover  compensation  for  land  on 
which  it  has  been  constructed. 
1912A-1056. 

Estoppel  of  purchaser  under  executory 
contract  of  sale  to  deny  vendor's  title. 
1912C-404. 

Excess  or  deficiency  found  to  exist  in 
tract  of  land  subdivided  into  several 
tracts,  apportionment  of.  1912A- 
1273. 

Fraud,  rights  of  parties  where  vendee  who 
has  received  conveyance  but  has  not 
paid  full  purchase  price  receives  no- 
tice that  vendor  obtained  title  by 
fraud.     1914A-44. 

E^eeholder,  vendor  or  vendee  in  contract 
for  sale  of  land  as  "freeholder." 
W13D-329. 

Good  title,  oral  agreement  by  vendor  to 
make  title  good  as  within  statute  of 
frauds.     1913D-1239. 

Heating  apparatus  and  stoves  as  realty 
passing  to  purchaser.     2-375. 

Incumbrances,  oral  agreement  by  vendor  or 
vendee  to  remove  existing  incum- 
brance as  within  statute  of  frauds. 
1916B-&21. 

Injunction  by  vendor  to  prevent  injury  to 
trees  or  timber,  right  to  enjoin  where 
title  to  lands  sold  is  retained.  11- 
460. 


896    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


VENI>OR  AND  PUECHASER — Continued.      VENDOR  AND  PURCHASER — Continued. 


•"Interest,"  meaning  as  used  with  respect 
to  transfer  of  property  right.  1912B- 
525. 

Irrigation  contract  between  venaor  and 
third  person,  purchaser's  liability  as 
to  obligations  imposed.     1913B-528. 

Judgment  against  vendor  in  action 
brought  after  sale,  conclusiveness 
against  purchaser  of  land.     3-339. 

IVIarketability  of  title,  admissibility  of 
opinion  evidence  as  to.     21-840. 

Mine  under  contract  of  sale,  right  of  ven- 
dee to  sue  for  damages  for  wrongful 
working   by  another.     1913C-1103. 

Possession  of  realty,  implied  right  of  pur- 
chaser to  possession.     4-1018. 

Becordation,  effect  of  delay  in  recording 
instrument  on  rights  of  intervening 
purchaser   without   notice.     7-367. 

Satisfactory  title,  construction  of  provi- 
sion that  title  shall  be  "satisfactory" 
to   vendee.     8-273;    1915C-536. 

Searching  record,  how  far  back  is  pur- 
chaser bound  to  search  record  title  of 
his  vendor.     1914A-1288. 

Usury,  availability  of  defense  of  usury 
to  purchaser  of  property  charged  with 
usurious   debt.     2-46;    1912B-224. 

B.    Bona  Fide  Pxjrchasebs. 

(Antecedent  debt  as  consideration  consti- 
tuting grantee  or  mortgagee  purchaser 
for  value.     3-395. 

■Community  property,  purchaser  thereof  as 
bona   fide   purchaser.     1918C-469. 

■Constructive  notice  to  purchaser  flowing 
from  possession  by  tenant,  extent  of. 
1913A-1214. 

Equitable  interest  as  within  application 
of  doctrine  of  bona  fide  purchase  of 
land.     1918C-455,   474,   477. 

Notice  of  prior  equity  after  payment  of 
price  but  before  acquisition  of  title, 
as  affecting  status  as  bona  fide  pur- 
chaser.    21-463. 

Pre-existing  debts,  person  taking  convey- 
ance of  realty  in  payment  of  pre-exist- 
ing debt  as  purchaser  for  value. 
1918A-112. 

Priorities,  fractions  of  day  in  computation 
of    time    for   purpose    of    determining 
.  priorities.     2-135. 


Purchaser  pendente  lite,  who  is.  1918C— 
53,   81,   83,   86,   90. 

6.    Liens. 

Creditor  of  vendor  as  entitled  to  enforce 
implied   vendor's  lien.     1914C-499. 

Estoppel  to  assert  implied  vendor's  lien. 
20-578. 

Injunction  against-  execution  sale  of  land, 
right  of  holder  of  vendor's  lien  to 
enjoin.     1918C-276. 

Judgment  lien  as  extending  to  interest  of 
judgment  debtor  in  land  existing  by 
virtue  of  executory  contract  of  pur- 
chase.    1914B-978. 

Jurisdictions  recognizing  implied  vendor's 
lien.     2-372. 

Limitation  of  statute  barring  remedy  for 
purchase  price  as  affecting  right  to 
enforce  implied  vendor's  lien.  1914A- 
278. 

Priorities,  implied  vendor's  lien  and  judg- 
ment against  purchaser,  priority  be- 
tween.    1916D-384. 

—wages,  priority  of  employees'  statutory 
lien  for  wages  as  against  subsequent 
purchaser.     10-346. 

Property    or    interest    subject    to    implied 

vendor's  lien.     21-951. 
Purchaser's    lien   for   purchase    money    on 

vendor's  failure  to  complete  contract. 

8-958;  15-824. 

Eeceiver's  certificate,  priority  over  ven- 
dor's lien.     1913C-56. 

Eepudiated  contract,  lien  of  purchaser  for 
money  paid  and  value  of  improve- 
ments under  repudiated  contract,  2- 
932. 

Security  taken  from  third  person  as 
waiver  of  implied  vendor's  lien.  13- 
869;  19I4D-1225. 

Support  of  vendor,  existence  of  implied 
vendor's  lien  where  consideration  for 
conveyance  is  agreement  to  support 
vendor    for    life.     20-927;    1917C-288. 

*  Waiver  of  vendor's  lien  by  pursuit  of  rem- 
edy at  law.     13-92. 


7.    Covenants  and  Restrictive  Agreements. 

Business    offensive    to    neighborhood,    con- 
struction of  building  restriction  pro- 


VENDOJl'S  I/IEN— VENUE. 


897 


VENDOR  AND  PURCHASER— Continued. 

hibiting  erection  of  building  for  pur- 
pose.    11-173. 

Change  of  circumstances  as  •  warranting 
refusal  by  court  of  equity  to  enforce 
building  restriction.     5-48. 

Covenants,  right  of  purchaser  to  recover 
on,  where  title  or  incumbrance  is  held 
by  him.     21-1060. 

Damage  to  complainant,  right  to  enforce 
building  restriction  as  dependent  on. 
1914A-904. 

Disregard  of  building  line  or  restriction 
by  one  purchaser  as  affecting  his  right 
to  compel  others  to  observe  it. 
1913D-428. 

Dwellings,  construction  of  covenant  in 
deed  restricting  building  on  premises 
to  use  as  dwelling-house.  1912D-477; 
1915A-419. 

Front  line  of  premises,  construction  of 
building  restriction  to  effect  that 
building  shall  be  erected  not  less 
than  certain  distance  from  front  line 
of  premises.     1914A-3. 

Implied  covenant  of  vendor  of  land  ac- 
cording to  map  not  to  alter  or  change 
streets.     16-582. 

Intoxicating  liquors,  covenant  against  sale 
as  covenant  running  with  land.  14- 
129. 

Public  or  public  service  corporation  as 
bound  by  building  restriction  or  re- 
strictive agreement.     1918B-591. 

Purchaser  under  general  plan,  right  to  en- 
force common  building  restriction 
against  another  purchaser.  14-1021; 
1913E-8£2. 

Eight  to  enforcement  of  restrictive  cove- 
nant as  dependent  on  meaning  of 
covenant    being    clear.     1912A-80. 

Signboard  or  billboard,  erection  as  viola- 
tion of  restrictive  covenant  against 
offensive  trade  or  business  or  similar 
covenant.     16-225. 

Subpurchaser's  right  to  enforce  in  equity 
restrictive  covenant  not  running  with 
land  where  covenantee  has  no  interest 
in  adjoining  land.     19160-942. 

Subsequent  sales,  validity  within  statute 
of  frauds  of  agreement  by  vendor  of 
property  that  he  will  impose  similar 
restrictions.     1914A-434. 

Waiver  of  restrictive  agreements  by  ac- 
quiescence in  violation.  1-603;  14- 
760;   1915B-147. 

Index  to  Notes — 57 


VENDOR'S  LIEN. 

See  Vendor  and  Purchaser. 

Uniform    Sales    Act,    loss    of    lien    under. 
1918D-412. 

Warehouse   receipt,   transfer   as   divesting 
vendor's    lien.     1917D-112. 


VENEREAL  DISEASES. 

Advertising     cure,     prohibitory     statutes. 
1916A-910. 


VENIRE  DE  NOVO. 

Waiver  of  motion  for  new  trial  by  moving 
for  venire  de  novo.    1914B-615. 


VENUE. 

1.  In  General. 

2.  Particular  Actions. 

3.  CQiange  of  Venue. 

See  Removal  of  Causes. 

1.    In  Greneral. 

Constitutional  right  of  party  defendant  to 
be  sued  in  county  of  his  residence. 
1912C-614. 

Crime  committed  in  two  counties,  validity 
of  statutes  fixing  place  of  prosecution. 
4-1194. 

Offense  subject  to  prosecution  in  county 
other  than  where  committed,  validity 
of  statute  making.     9-615;  19-1236. 

Proof  of  venue,  quantity  of  proof  neces- 
sary to  establish  in  criminal  prosecu- 
tion.    1912B-93&. 

"Residence"  as  synonymous  with  "dom- 
icile" in  statute  regulating  venue. 
1915C-791. 

Stipulation  between  parties  fixing  in  par- 
ticular county,  validity  and  enforce- 
ability of  agreement.     1912C-815. 

Summons  by  justice  of  peace,  as  affected 
by  error  in  laying  venue.  1914A- 
1086. 

2.    Particular  Actions. 

Abandonment  of  wife  by  husband,  venue 
of     criminal    prosecution.     1913C-596. 


898    INDEX  TO  THE  NOTES,  1  ANN.  C^S.  TO  ANN.  CAS.  1918E. 


VENUE— Continued. 

Abatement  of  nuisance,  venue  of  civil  ac- 
tion.    1913E-1272. 

Condemnation  proceedings  as  to  land  lo- 
cated in  more  than  one  county,  venue 
of.     19-984. 

Conspiracy,  venue  of  prosecution  for  crim- 
inal  conspiracy.     1914A-632. 

Conversion  of  timber  severed  from  realty, 
forum  in  which  action  must  be 
brought.     3-344;    21-1314;    1913E-597. 

Corporate  stock,  venue  of  action  to  re- 
cover shares.     1913D-506. 

Criminal  offenses  committed  in  territory 
out  of  which  new  county  is  created, 
jurisdiction    of.     4-555;    1914B-348. 

Damages  to  realty,  forum  in  which  action 
must  be  brought.  3-44;  21-1314; 
1913E-597. 

Federal  courts  rights  of  accused  as  to 
place  of  trial.     17-1117. 

Forgery  prosecution,  uttering  or  posses- 
sion of  forged  instrument  as  deter- 
mining factor  on  question  of  venue. 
1912A-303. 

Fraudulent  conveyances,  venue  of  action 
to  set  aside  transfer  of  realty  as  in 
fraud  of  creditors.     1913r)-663. 

Injunction  against  execution  sale,  venue 
of  action.     1918C-277. 

Libel  or  slander,  venue  of  action  or  pros- 
ecution.    9-382;  1915A-697. 

Municipal  corporations,  jurisdiction  of  ac- 
tions against.     4-1170;  10-37. 

Kent  of  realty,  proper  venue  of  action  to 
recover.     1912C-914. 

Eescission,  county  in  which  action  must 
be  brought  to  set  aside  contract  for 
sale  of  realty.     3-727. 

Tort  of  public  officer,  proper  county  for 
place   of   trial   of   action.     1912C-34o. 


3.     Change   of  Venue. 

Bias  or  prejudice  of  judge,  application 
for  change  as  ousting  judge  of  juris- 
diction.    191613-1281. 

— existence  of  bias  of  judge  prior  to  trial 
as  ground  for  reversal  in  absence  of 
showing  of  prejudice  at  trial.  1917E- 
954. 

— aright  ,to  change  of  venue  in  absence  of 
express    statutory    provision.     10-265. 


VENUE — Continued. 

County  to  which  venue  may  be  changed 
in  absence  of  statute  requiring 
change,  to  be  to  nearest  or  adjoining 
county.     9-177. 

Criminal  prosecutions,  change  on  applica- 
tion of  state  or  court's  own  motion, 
constitutionality  of  laws  providing. 
3-197. 

Divorce  actions,  change  of  venue.  1917* 
940. 

Ejectment,  right  to  change  place  of  trial 
in  action  of  ejectment.     1912B— 534. 

Expense  of  trial,  county  chargeable  with 
expense  in  case  of  change  of  venue. 
1913B-187. 

Failure  of  accused  to  appear  in  court  to 
which  change  of  venue  is  taken,  lia- 
bility   on    recognizance.     1912B-1188. 

Garnishee's  right  to  change  of  venue.     5- 

777. 

Habeas  corpus  as  remedy  to  review  re- 
fusal of  change  of  venue  through  er- 
ror.    11-1055. 

Newspaper  articles,  weight  as  evidence  of 
prejudice  against  accused  entitling 
him  to  change  of  venue.     18-789. 

Number  of  times  party  is  entitled  to 
change  of  venue.     7-304. 

Postponing  hearing  and  ruling  on  motion 
for  change  until  determination  of 
other  matters,  right  of  court.  19120- 
1291, 

Power  of  court  to  order  change  in  ab- 
sence of  statute,     21-106'8. 

Prohibition  as  remedy  to  review  deter- 
mination of  motion  for  change  of 
venue.     1913D-596. 

Right  to  change  of  venue  as  against  mu- 
nicipality.    1914C-107;    1918E-565. 

State's  application,  change  as  matter  of 
right  or  discretion.     21-1203. 

Timeliness  of  motion  for  change  made 
after  trial  of  cause.     8-758. 


VERBAL   CONTRACTS. 

See  Frauds,  Statute  of. 

VERBAL  WILES. 

See  Nuncupative  Wills. 


YERDICT. 


899 


VERDICT. 

1.  In  General. 

2.  Form   and  Validity. 

A.  Generally. 

B.  FoEMAL  Requisites. 

C.  Inadequate  oe  Excessivb  Vbbdicts. 
S.  Construction  and  Effect. 

4.  Amendment  and  Setting  Aside. 

5.  Direction  of  Verdict. 

6.  Impeachment  or  Support  of  Verdict. 

See  Jury, 

1.     In  General. 

Coercion  of  jury  by  court  into  agreement 
on  verdict,  what  constitutes.  11— 
113Sj  1912D-446;  1915D-668. 

C?oncurring  verdicts,  force  and  effect 
given  by  court.     1912B-139. 

Coroner's  verdict,  admissibility  as  evi- 
dence in  subsequent  proceedings. 
1917B-892. 

Creditor's  bill  to  reach  verdict  for  tort. 
1914B-958. 

Polling  jury,  right  of  defendant  in  crim- 
inal  case.     1912B-236. 

Questioning  jury  on  return  of  verdict, 
power  of  courts.     15-470. 

Eeception  in  absence  of  judge,  right  of 
clerk  or  attorney  to  receive.     16-90. 

Special  verdict,  common-law  power  and 
duty  of  court  to  submit  proper  special 
interrogatories    to    jury.     15-469. 

— submission  of  questions  of  assumption 
of  risk  and  contributory  negligence 
to    jury    for   special    verdict.     18-968. 

Sundays,  validity  of  reception  or  rendi- 
tion of  verdict  on  Sunday.  1916B-11, 
30,   33. 

Waiver  of  accused  of  right  to  be  present 
at  rendition.     13-1213;  1915B-447. 

2.    Form  and  Validity. 

A.    Generally. 

"About,"  meaning  in  verdict  with  refer- 
ence to  quantity.     1918D-706. 

Chance  or  quotient  verdict,  validity.  16- 
910;   1917C-1224. 


VEEDICT— -Continued. 

Information  as  to  facts  given  to  jury  by 
one  of  their  number,  effect  on  ver- 
dict.    4-24;    1912B-155. 

Joint  tort-feasors,  validity  and  effect  of 
several  verdict.     12-534. 

Less  than  twelve  jurors,  state  jurisdiction 
of  actions  under  federal  Employers' 
Liability  Act  as  affected  by  provision 
for  majority  verdict.     1916B-156. 

— validity  and  construction  of  constitu- 
tional or  statutory  provision  for  ver- 
dict by  less  than  whole .  number  of 
jurors.     1916E-50O,  508;  1918D-690. 

Polling  jury,  dissent  of  some  jurors,  va- 
lidity of  verdict  rendered  after  fur- 
ther deliberation.     6-457. 

Verdict  influenced  by  punishment  ex- 
pected to  be  imposed,  validity.  1- 
270. 

B.    Formal  Eequisites. 

Dollar-mark  or  other  designation  indicat- 
ing money,  effect  of  omission.  1915G- 
336. 

"Et  al."  substituted  for  names  of  par- 
ties, effect.     14-572. 

Larceny,  necessity  that  verdict  of  con- 
viction should  state  value  of  prop- 
erty.    19-687. 

Omission  of  words  from  verdict  as  affect- 
ing validity   thereof.     16-475. 

Replevin,  effect  of  failure  to  find  unlaw- 
ful taking  or   detention.     20-430. 

— several  articles  involved,  necessity  that 
verdict  in  replevin  give  separate  val- 
uations.    1912IX-849. 

Signing,  necessity  that  verdict  be  signed. 
1913D-182. 

Written  verdict  in  criminal  ease,  validity. 
12-79. 

C.    Inadequate  or  Excessive  Verdicts. 

Breach  of  promise  of  marriage,  what  is 
excessive  verdict.     16-981. 

Death  by  wrongful  act,  excessiveness  of 
verdict.     18-1209;   1915C-449. 

•—inadequate  verdict  in  action  for  death 
by  wrongful  act,  what  is.     1916B-460. 

^alse  imprisonment,  excessive  or  inade- 
quate verdict,  what  is.  1916C-505, 
519,  521. 


900    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


VERDICT — Continued. 

Libel  or  slander,  excessiveness  of  verdict. 
1913B-700;   1916D-1175. 

Malicious  prosecution,  what  is  excessive 
or  inadequate  verdict.     1916C-250. 

Malpractice,  excessiveness  or  inadequacy 
of  verdict  in  action  against  physician. 
1916C-1078,  1081;  1918A-389. 

Personal  injuries  not  resulting  in  death, 
excessive  verdict,  what  is.  16-8; 
1913A-1361. 

— inadequate  verdict,  what  is.  1916B- 
384,  450,  451,  454,  455,  457. 

Rape,  inadequacy  or  excessiveness  in  civil 
action.     1917E-135. 

Remittitur  when  excessive  verdict  is 
granted  through  passion  or  prejudice. 
3-939;   1912C-509. 

Telegraph  case,  excessiveness  of  verdict 
for  mental  anguish.  1913B-246; 
1916C-524. 


3.    Construction  and  Effect. 

Effect  of  vferdict,  finding  that  amount 
awarded  is  not  yet  due.     18-779. 

Negative  pregnant  in  verdict.  1917A- 
676. 

Recommendation  to  mercy  accompanying 
verdict    of    guilty,    effect.     21-244. 

Verdict  "for  plaintiff"  in  action  against 
more  than  one  defendant,  effect. 
1916B-1037. 

"We  don't  know,"  finding  or  answer  by 
jury,  sufficiency  and  construction  of 
such  expression  or  similar  phrase. 
1916B-283. 


4.    Amendment  and  Setting  Aside. 

Duty  of  trial  court  to  set  aside  verdict 
as  contrary  to  evidence.  2-762; 
1912D-1226. 

Federal  court,  power  to  enter  judgment 
non   obstante   veredicto.     1914D-1053. 

Inadequacy  of  verdict  for  punitive  dam- 
ages only  as  ground  for  setting  aside. 
20-879. 

Interest,  power  of  court  to  add  interest 
to  verdict.     10-753. 


VERDICT — Continued. 

Joint  tort-feasors,  setting  aside  verdict  as 
to  part,  power  of  court.     19-797. 

Sealed  verdict,  amendment  by  jury.  6- 
394. 

6.    Direction  of  Verdict. 

Codef  end  ants,  right  of  court  at  close  of 
plaintiff's  case  to  direct  verdict  in 
favor  of  one.     1912D-1061. 

Criminal  case,  right  of  court  to  direct 
verdict  of  guilty  where  plea  of  not 
guilty  has  been  entered.  8-808; 
1916A-1241. 

— what  constitutes  direction  of  verdict  of 
guilty  in  criminal  case.     1916A-1252. 

Exceptions,  necessity  of  exception  to  di- 
rection of  verdict.     1917A-849. 

Judgment  entered  on  directed  verdict  as 
res  judicata.     21-1262. 

Libel  or  slander  action,  power  of  court 
to  direct  verdict  where  jury  vested 
with  power  to  determine  law  and 
facts.     1915D-1270. 

Opening  statement  of  plaintiff's  counsel, 
power  of  trial  court  to  direct  verdict 
for  defendant  at  close.     14-699. 

Penal  action,  right  of  court  to  direct  ver- 
dict.    16-964. 

Request  by  both  parties  for  direction  of 
verdict,  effect.  6-545;  13-372;  1913C- 
1342. 

Waiver  of  exception  to  denial  of  appli- 
cation to  take  case  from  jury  by  sub- 
sequent introduction  of  evidence.  14- 
222;  1914A-I46. 


6.    Impeachment   or   Support   of   Verdict. 

Affidavits  of  jurors  as  evidence  that  ver- 
dict returned  or  entered  differed  from 
verdict  actually  found.  3-401;  1912A- 
1205;    1918E-2S7. 

Quotient  verdict,  admissibility  of  affidavit 
of  juror  showing  quotient  process. 
1915C-1147. 

Statement  by  juror  subsequent  to  trial, 
admissibility  of  evidence  thereof  to 
impeach  verdict.     1913D-1194. 

Support  of  verdict,  admissibility  of  affi- 
davits of  jurors.     1913B-761. 


VERIFICATION— VIDELICET. 


901 


VERIFICATION. 

See  Affidavits;    Indictment   and  Informa- 
tion;  Pleading. 

Information  and  belief  as  sufficient  basis 
for  verification.     1-653. 

VESSELS. 

See  Ships  and  Shipping. 

VESTED  REMAINDERS. 
6ee  Bemainders  and  Reversions. 


VESTED  RIGHTS. 

Bee  Constitutional  Law. 

Access  by  abutting  owner  to  public 
grounds  as   vested   right.     1915C-177. 

Beneficial  associations,  amendment  of  by- 
laws as  affecting  vested  interest  of 
existing  members.  1-717;  10-625; 
1913C-675;   1914D-63. 

Life  insurance,  vested  right  of  benefi- 
ciary in  ordinary  life  insurance  pol- 
icy.    1-684;  11-49;  1912B-1144. 

Pensions,  vested  right  of  pensioner. 
19150-751. 

Physicians  and  surgeons,  statute  requiring 
physicians  and  dentists  to  take  out 
licenses  as  impairing  vested  rights  of 
previous  practitioners.  5-1005;  19- 
833;   1914B-399. 

Workmen's  compensation,  right  to  compen- 
sation under  act  as  vesting  in  benefi- 
ciary.    1917D-1169. 


VESTIBULES. 

Validity  of  statute  or  ordinance  requiring 
street  railway  to  provide  vestibule  or 
other  protection  for  motorman. 
1914D-616. 


VETERANS. 

Breach  of  contract  of  employment  of 
laborer  as  actionable  under  veterans' 
preference  law.     7-737. 

Confederate  veterans,  validity  of  statute 
providing  pensions.     1915C-283. 

Constitutionality  and  intent  of  veterans' 
preference  law|.  1-291,  295;  9-1049; 
1914D-725. 


VETERANS— Continued.  * 

Discretion  of  appointing  power  with  re- 
spect to  appointments  under  veterans' 
preference  law.     1918B-999. 

License  taxes,  validity  of  statutes  ex- 
empting veterans.  9-1005;  1915C- 
705. 

Soldiers'  home,  effect  with  respect  to  pen- 
sion of  pensioner  becoming  inmate 
thereof.     1916C-S54. 

State  pension,  bounty  or  aid  by  state,  va- 
lidity of  statute  granting  to  war  vet- 
eran.    1913B-951. 


VETERINARY  SURGEONS. 

Lien  for  veterinary  services  to  horse   as 
assignable.     1916A-619. 

Negligence   in    treating   animal,   liability. 
1912A-481. 


VETO. 

Bills  passed'  over  veto,  necessity  of  pre- 
siding officer's  signature.     4-906. 

Evidence   of   executive  veto.     19-837. 

Mayor,    extent    of    power    of    veto.     15- 
■  1066. 

Partial  exercise  of  veto  as  to  bill,  power 
of  executive.     20-162. 


VIBRATION. 

Injury  to  property  by  vibration  resulting 
from  blasting.  2-201;  19-787;  1916C- 
1176. 


VICE-PRINCIPALS. 

See  Master  and  Servant. 


VICINITY. 

Meaning  of  term.     18-736. 

VICIOUS  ANIMALS. 

See  Animals. 

VIDELICET. 

Office  of  videlicet.     1913A-493. 


902    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 

VIEW.  VIRTUAL  REPRESENTA- 


Arbitrators,  refusal  to  view  premises  in 
dispute  as  ground  for  setting  aside 
awjfrd.     8-511. 

Attachment  of  personal  property,  neces- 
sity of  view.     1916B-988,   1000. 

Court  trying  case  without  jury,  right  to 
view  premises.     19-578;  1916A-258. 

Criminal  case,  view  in  absence  of  accused 
as  prejudicial  error.  11-1159;  1915B- 
568. 

Discretion  of  trial  court,  view  by  jury  as 
resting  in.     18-730. 

Eminent  domain,  view  of  property  appro- 
priated in  condemnation  proceedings  as 
supplementary,  not  exclusive,  of  testi- 
mony.    3-302. 

Experiment  by  jurors  on  view  to  make 
evidence,  right  of  jury.     18-571. 

Impressions  made  on  minds  of  jurors  as 
evidence  in  case.     10-663. 

Presence  of  judge  during  view  by  jury, 
necessity.     16-628. 


TION. 

Equitable  doctrine  of  virtual  representa- 
tion. 191»C-654;  1918B-432;  19180- 
345. 


VISIBLE  INJURY. 

Accident  insurance   contract,   construction 
of  provision  respecting.     1915A-537. 


VISIBILITY. 

state    of    weather    as    affecting. 
1915B-413. 


16-357; 


VISITING. 

Carrier's    duty    and    liability    to    person 

visiting    passenger.     10-161;     1914D- 

134. 
Employee    stopping   work   for  purpose    as 

suspending    relation    of    master    and 

servant.     19130-949. 


VILLAGES. 

"City"  as  including  town  or  village. 
1914B-215. 

Extent  of  street  or  highway  in  village 
which  municipality  is  under  duty  to 
keep  in  repair.     13-283. 

Meaning    of    term    "village."     1918D-258. 


VIOLATION  OF  LAW. 

Injunction,  right  of  municipality  to  enjoin 
violation   of   ordinance.     19160-963. 


Life    insurance,    death   while    enj 

violating  law  within  exception  in  pol- 
icy.    3-873;  ia-310;  19170-592. 

Negligence,  violation  of  statute  or  ordi- 
nance not  intended  for  plaintiff's  ben- 
efit as  actionable  negligence.  9-427; 
1912D-1106;   1916B-301. 

Nuisance  arising  from  storage  of  explo- 
sives in  violation  of  law.  19160- 
820. 

"Workmen's  compensation,  employment  in 
violation  of  law  as  affecting  right  to 
compensation.     1918B-679. 


VISITORIAL  POWERS. 

Inspection  of  books  of  bank.     1-130. 

VITAL  STATISTICS. 

Births  and  deaths,  validity  and  construc- 
tion of  statute  requiring  registration. 
19120-686. 


VOICE. 

Identification  of  accused  person  by  voice. 
14-82;  20-403. 


VOID  IF  DETACHED. 

Meaning    as    applied    to    railroad    ticket. 
19-457. 

VOIR  DIRE. 

See   Jury. 


VOLUNTARY  EXPOSURE 
TO  DANGER. 

Meaning  of  phrase  "voluntary  exposure  to 
unnecessary  danger"  in  accident  pol- 
icy.    10-451;    18-1125;    1916B-273. 


VOLUNTEERS— WAGES. 


903 


VOLUNTEERS. 

Assignment  of  mortgage,  right  of  volun- 
teer on  paying  indebtedness.  1914B- 
572. 

Liability  of  master  to  person  volunteering 
to   assist   servant.     1913C-796. 

Injury  while  engaged  in  volunteer  work 
as  accident  arising  out  of,  and  in 
course  of,  employment  within  Work- 
men's  Compensation  Act.     1918B-808. 

Taxes  paid  by  volunteer,  right  of  subro- 
gation to  tax  lien.  17-1136;  1912B- 
753. 

VOTERS. 

Bee  Elections. 


VOTES. 

Unanimous  requirement  as  satisfied  by 
unanimous  vote  of  those  present  con- 
stituting  quorum.     1913E-1295. 


VOTING-MACHINES. 

See  Elections. 

VOUCHERS. 

Attorney's  lien  on  voucher  in  his  posses- 
sion in  connection  with  litigation. 
1917r)-150. 

Duty  of  bank  depositor  to  examine  pass- 
book and  vouchers.  17-122;  1914I>- 
465. 

VOYAGE. 

End  of  voyage,  what  constitutes.  9-505; 
20-851. 

rrustration  of  voyage  because  of  exist- 
ence of  war  as  constructive  total  loss 
within  marine  insurance  policy. 
1916D-884. 

Perils  incident  to  voyage  as  raising  pre- 
sumption of  death  from  absence  of 
less  than  seven  years.    1916B-70. 


.VOTING  CONTEST. 

Voting  contest  as  lottery.     1915B-172. 
'—fraud  in  voting  contest.     1918C-750. 


VULGARITY. 

Language  constituting  breach  of  peace  o^ 
disorderly  conduct.    1917C-889. 


w 


WAGE-EARNER. 

Who    is    wage-earner    within    meaning    of 
Bankruptcy  Act.     20-979. 


WAGES. 

Assignment  of  future  earnings  as  af- 
fected by  discharge  in  bankruptcy. 
13-366. 

— statute  making  assignment  invalid  ex- 
cept under  prescribed  conditions,  va- 
lidity. 1913B-531,-  1915C-691;  1917A- 
760. 

— unearned  wages,  validity  of  assign- 
ment.    5-64;    6-765. 

"Average  weekly  earnings,"  meaning  of 
phrase  in  workmen's  compensation 
or  similar  act.  1913D-1024;  1914C- 
186;   1916B-029. 


WAGES — Continued. 

Bankruptcy,  wages  as  preferred  claim. 
1916B-343. 

Breach  of  contract  to  pay  wages  as 
authorizing   successive   actions.     6-64. 

Child's  right  to  payment  of  wages  to 
himself  as  implied  by  silence  of  par- 
ent.,   9-512. 

Defense  or  setoff  to  action  for  wages, 
what    may    be    shown.     1918D-79. 

Employer  going  out  of  business,  liabilit 
for  wages  of  employee  for  unexpire 
contract   period.     6-236. 

Forfeiture  of  wages  grounded  on  breach 
of  rules  by  servant.     1-939;  1914A-46. 

Gkimishment,  duty  of  employer  to  set 
up   exemption  of  employee.    5-170. 


904    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


WAGES — Continued. 

Illness   of   servant,  as   affecting   right    to  . 
recover  wages  for  time  lost.     1912A- 
1181. 

Lien,  priority  of  employee's  statutory 
lien  for  wages.     10-344. 

—validity  of  statute  giving  employee 
lien  superior  to  prior  mortgage.  4- 
1027. 

Minimum  wage  rate,  private  employ- 
ment, validity  of  statute  fixing. 
1918D-465. 

-—public  work,  validity  of  statute  or 
ordinance  fixing.  1913E-990;  1915l>- 
241. 

—women  and  mjnors,  validity  of  statute 
regulating.     1916A-225. 

Profits  as  distinguished  from  wages  and 
earnings.     20-691. 

Receivers,  equitable  preference  of  claims 
against  assets  in  hands  of  receiver 
of  corporation.     3-707. 

Salary  and  wages  distinguished.  1917C- 
321. 

Seamen,  exemption  of  wages  from  at- 
tachment or  arrestment,  construction 
of   statute.     15-130. 

— subrogation  of  person  advancing  money 
to  pay  wages  to  seaman's  lien.  10- 
212. 

— what  constitutes  "loss"  terminating 
wages  upon  loss  of  vessel.  6-68; 
1916D-688. 

Setoff  or  counterclaim,  right  to  set  up 
against  demand  for  wages  which  are 
exempt  from  execution.     1914A-1183. 

Statutes  referring  to  wages,  effect  of 
partial  invalidity.     1916D-68. 

Store  orders,  constitutionality  of  stat- 
utes prohibiting  payment  of  wages 
in     "store     orders."     1-417;     14-620. 

Subrogation  to  laborer's  lien,  payment 
of  wages  by  third  person  as  entitling 
to    subrogation.     10-211. 

Termination  of  contract  of  employment, 
rate  of  compensation  of  one  continu- 
ing in  service.     1918B-1176. 

Time  of  payment  of  wages,  validity  of 
statutes  regulating.  1-939;  9-238; 
13-482;   1916B-135. 

Tips  as  part  of  earnings  or  wages.  14- 
336;  1918B-1122. 


WAGES— Continue  d. 

— validity  and  construction  of  Anti-tip - 
ping  Act.     1918D-238. 

Wrongful  dismissal  of  servant,  right  to 
recover  subsequent  accruing  wages. 
13-112;   1912B-365;    1916A-472. 

WAGONS. 

Lien  for  repair  of  wagon  as  assignable. 
1916A-619. 

Name  on  wagon  as  evidence  of  owner- 
ship.    1915D-353. 

Wagon-maker  as  engaged  in  "trade." 
1916A-1201. 


WAITERS. 

Tips  as  part  of  "average  weekly  earnings." 
1918B-1122. 


WAITING-ROOMS. 

Exposure  due  to  failure  to  provide  suit- 
able waiting-room,  liability  of  rail- 
road for  injuries  from.  6-571;  1912C- 
1214. 

Junction  of  two  railroads,  duty  to  pro- 
vide and  keep  open  waiting-room.  18- 
211. 


WAIVER. 

1.  In  General. 

2.  Contractual  Matters. 

3.  Liens. 

4.  Practice. 

5.  Privilege, 

6.  Kights   of  Accused. 

1.    In  General. 

Arrest,  waiver  of  illegal  arrest.    16-461. 

Bankruptcy,  waiver  of  right  to  claim 
preference  for  wages.     1916B-352. 

Claim  against  municipality  for  personal 
injury,  waiver  of  defective  statutory 
notice  of  time  of  accident.  1918E- 
1033. 

Extradition,  waiver  of  right  to  custody 
of  prisoner  as  against  extradition 
claim   of   other   state.     1917B-339. 

Trauds.  statute  of,  waiver  of  protection 
of   statute.     19-316;    1914C-1243. 


WAIVER. 


905 


WAIVER— Continued. 

Judges,   disqualification   of  judge,  waiver. 

6-408;    10-969;    1912A-1072. 
— special    or    substitute   judge,    waiver    of 

objection    to    jurisdiction.     19-94. 

Judicial  or  sheriff's  sales  en  masse, 
waiver  of  objections.  8-744;  1913B- 
623. 

Military  service,  waiver  of  exemption. 
1917C-820. 

Parent's  claim  for  personal  injuries  of 
minor,  waiver  as  investing  child 
with  right  of  action  for  loss  of  earn- 
ingB.     8-1108. 

Eeceivers,  waiver  of  notice  of  appoint- 
ment of  receiver.     19150-903. 

Statutes,  objection  to  constitutionality  of 
statute  as  waivable.  19-181;  1915C- 
61. 

Streets  and  highways,  change  of  grade, 
of  street,  joinder  in  petition  as  waiv- 
ing claim  to  compensation  for  result- 
ing   damage.     20-876. 

Subscriptions,  waiver  of  conditions. 
1913B-434. 

Taxation,  waiver  of  verification  of  as- 
sessment-roll.    11-1120. 

Trustee's  right  to  compensation,  waiver 
of.     1914B-493. 

Workmen's  compensation,  waiver  of  want 
of  notice  of  injury  required  under 
act.     1917D-876,    886. 


2.    Contractual  Matters. 

Alteration  of  instrument,  waiver  of. 
1917D-335,  349. 

Ante-nuptial  contract,  waiver  of  provision 
therein  as  showable  by  parol  evi- 
dence.    1912B-279. 

Beneficial  associations,  forfeiture  of 
beneficial  certificate  for  violation  of 
contract  of  insurance  other  than  fail- 
ure to  pay  assessments  or  dues  as 
subject  to  waiver.  12-639;  1918D- 
305. 

—waiver  of  forfeiture  of  beneficiary  cer- 
tificate for  nonpayment  of  assess- 
ment or  dues  by  acceptance  of  arrear- 
ages or  similar  ect.  11-539;  1914C- 
437;     1916D-591. 

Bills  and  ^lotes,  increased  rate  of  interest 
after  maturity,  waiver  of  stipulation 
in   note.     1913C-1269. 


WAIVEE^Continued. 

— notice  of  dishonor  of  note  by  renewal 
or  promise  to   renew.     1912A-442. 

— protest,  right  to  waive  by  parol.  16- 
152. 

—support  of  waiver  of  protest  of  bill  or 
note,  necessity  of  new  consideration. 
5-478. 

Building  and  loan  association,  by-law 
specifying  person  to  whom  and  time 
and  place  at  which  dues  are  to  be 
paid,    waiver    by    association.     3-731. 

— fraud  in  building  and  loan  contract, 
waiver  of  right  to  rescind  on  ground 
of  fraud.     1917A-892. 

Carrier  of  goods,  waiver  of  contract 
stipulation  limiting  time  to  present 
claim  against  carrier  of  goods  or  live- 
stock.    9-17;    14-418;    1914A-231. 

Carrier  of  passengers,  waiver  of  time 
limit  on  passenger  tickets.     6-122. 

Contracts,  assignment  of  contracts,  waiver 
of  prohibition  against  assignment. 
1-854. 

— limitation  statute,  validity  of  provision 
in  written  contract  waiving  benefit. 
1916A-686. 

— nonperformance  of  working  contract, 
waiver  by  use  of  structure  or  work 
by  owner.     15-972. 

—terms  of  working  contract  requiring 
extras  to  be  ordered  in  express  man- 
ner as  subject  to  waiver.  7-213; 
17-81. 

Corporations,  alteration  in  charter  or 
change  in  corporate  design  as  waiv- 
able by  subscriber  to  stock.  1918A~ 
100. 

— avoidance  of  stock  subscription,  waiver 
of  right  to   avoid.     1915B-790. 

— creditor's  knowledge  that  stock  is  un- 
paid, as  waiver  of  stockholder's  lia- 
bility   thereon.     10-90. 

— failure  to  secure  amount  of  stock  neces- 
sary to  be  subscribed,  waiver  as  af- 
fecting liability  on  stock  subscrip- 
tion.    16-1258;   1918B-1137. 

— notice  of  stockholders'  meeting,  waiver 
of  right  to  notice.     1916E-1038. 

— preferential  right  of  stockholder  to  sub- 
scribe for  new  stock  issue,  waiver  of. 
9-746;    1918B-132. 

Escrows,  waiver  of  unauthorized  delivery 
of  escrow.     1917E-444. 


906    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


WAIVEE — Continued. 

Innkeepers,  waiver  of  delivery  or  deposit 
of  goods  with  innkeeper  within  stat- 
ute  limiting  liability.     12-100. 

Insurance,  acceptance  of  note  for  life 
insurance  premium  as  waiver  of 
requirement  for  cash  payment.  1- 
967. 

— agent's  authority  to  waive  conditions 
in  insurance  policy,  limitations  on. 
2-112;   9-380;   1914A-590. 

— arbitration  as  condition  precedent  to 
suit  on  insurance  contract,  waiver  of 
stipulation  therefor.  8-174;  1915D- 
332. 

— cancellation  or  reduction  of  policy  as 
directed,  waiver  as  defense  to  liability 
of  insurance  agent  for  failure. 
1918C-1043. 

— conditions  of  fire  insurance  policy  as 
waived  by  failure  to  issue  policy  after 
oral      contract     therefor.     1914D-654. 

— denial  of  liability  on  insurance  policy 
on  one  ground  as  waiver  of  other 
grounds  of  defense.     20-438. 

— employers'  liability  insurance,  waiver  of 
notice  of  accident  as  required  under 
policy.     11-260. 

— ^failure  by  insurer  to  inquire  into  ex- 
isting facts  as  waiver  of  policy  con- 
ditions.    2-285;     9-994;     1917B-500. 

— forfeiture  for  breach  of  condition  in 
insurance  policy  as  waived  by  silence 
or  failure  to  act  by  insurer  having 
notice.     8-500. 

— ^knowledge  by  insurer  of  existing  facts 
as  waiver  of  condition  in  policy.  IS- 
686. 

— limitation  clause  in  life  and  accident 
insurance  policies  as  to  time  of  bring- 
ing suit,  waiver  of.  8-1066;  1916C- 
449. 

— notice  of  cancellation  of  fire  insurance 
policy,  waiver  by  insured.  17-802; 
1915D-1236. 

— notice  of  injury  or  death  to  be  given 
within  certain  time,  waiver  of  pro- 
vision in  accident  insurance  policy, 
21-919;  1917A-114. 

— parol  evidence  as  admissible  to  show 
waiver  of  condition  in  fire  insurance 
contract.     1914C-61. 

— ^payment  of  premiums,  waiver  of  pro- 
vision in  policy  for  time  of  payment 
by  acceptance  of  premium  after  ap- 
pointed  time,   or   similar    act.     7-385. 


WAIVEE — Continued. 

— ^proofs  of  loss  required  by  fire  insur- 
ance policy,  waiver  as  effected  by 
negotiation  for  or  offer  of  settlement. 
1916A-594. 

— provision  postponing  time  to  bring  suit 
as  waived  by  insurer's  denial  of  lia- 
biUty.     1914C-373. 

— sole  and  unconditional  ownership  clause 
in  fire  insurance  policy,  waiver  of 
existence  of  title  in  spouse.  1912B- 
271. 

— suspension  of  policy  for  nonpayment  of 
instalment  premium,  waiver  of  right. 
12-628. 

Interest,  implied  interest,  right  to  recover 
after  payment  of  principal.  1913E- 
582. 

— ^payment  and  acceptance  of  principal 
sum  as  constituting  waiver  of  in- 
terest   due   by    contract.     1912B-1333. 

Landlord  and  tenant,  agreement  of  lessee 
to  insure  premises,  acceptance  of  rent 
as   waiver   of  breach.     1918E-305. 

— covenant  against  assignment  or  sub- 
letting, acceptance  of  rent  as  waiver 
of  breach.     1913A-1202;  1916E-844. 

— destruction  of  premises,  waiver  by  ten- 
ant of  provision  for  termination  of 
lease.     1913A-1099. 

— forfeiture   of  lease   for   breach    of   con- 
dition  as   waived  by   receipt   of   rent 
accruing     thereafter.     11-62;     1915/ 
1250. 

— ^penalty  for  tenant's  holding  over  afte? 
termination  of  tenancy,  waiver  o' 
landlord's   right.     1912A-283. 

— rent  paid  in  advance,  waiver  of  righ^ 
to  recover  on  destruction  of  leased 
premises.     1912B-1120. 

— tenant's  payment  of  rent  after  partial 
eviction  as  waiver  of  his  right  to  set 
up  eviction  as  defense  in  actions  for 
rent  or  to   dispossess.     1914A-1234. 

Master  and  servant,  discharge  of  servant, 
waiver    of    master's    right.     19-877. 

— rules  and  regulations,  assent  or  in- 
consistent orders  as  constituting.  8- 
14. 

— waiver  of  master's  regulations  as  af- 
fecting right  of  servant  to  recover 
for  injury.     1912A-89. 

Mining  lease,  waiver  of  performance. 
20-1171;   1917E-1148. 

Mortgages,  waiver  by  mortgagee  of  rights 
acquired    by    foreclosure.     1913A-858. 


."WAIVER. 


907 


WAIVER — Continued. 

Sales,  damages  caused  by  delay  in  de- 
livery as  waived  by  acceptance  after 
agreed   time   of  delivery.     11-508. 

— implied  warranty  of  correspondence  of 
goods   to   sample,  waiver.     1917C-319. 

• — performance  of  executory  contract  for 
sale  of  personalty  after  discovery  of 
fraud  as  waiver  of  right  of  action 
for  damages.     7-280;   20-172. 

— reclamation  of  goods  for  failure  to 
pay  cash  on  delivery,  waiver  of  right 
to  reclaim  by  seller.     11-547. 

— ^rejection  of  goods  on  one  ground  by 
purchaser  as  waiver  of  other  objec- 
tions.    17-63. 

Suretyship,  discharge  of  surety,  affir- 
mative act  of  surety  as  waiver  of 
previous  cause  for  discharge.  1915C- 
681. 

— ^waiver  of  written  notice  by  surety  to 
creditor  to  sue  principal.     21-1367. 

Tenants  in  common,  waiver  of  cotenant's 
right  to  partition  by  express  or  im- 
plied agreement.     1913E-402. 

Vendor  and  purchaser,  personal  deed 
of  vendor,  waiver  of  right  of  pur- 
chaser under  realty  contract  to  de- 
mand.    1913B-963. 

— restrictive  agreements  as  waived  by 
acquiescence  of  vendor  in  violation. 
1-603;    14-760;    1915B-147. 

— stipulation  against  assignment  of  con- 
tract for  sale  of  realty,  waiver. 
1913A-231. 

3.    Liens. 

Carrier's  lien,  waiver  by  delivery  to  con- 
signor's agent  on  promise  to  retain 
goods  until  payment  of  freight 
charges.     7-961. 

Chattel  mortgages,  placing  horses  or  cattle 
in  charge  of  livery-stable  keeper  as 
waiver  of  lien.     11-1045. 

— waiver  of  lien  by  attachment.  4-487; 
17-957;    1916C-408. 

Mechanic's  lien,  contract  inconsistent 
with  lien  as  waiver  thereof.     1-954. 

— extension  of  credit  as  waiver  of  lien. 
20-522. 

— mortgage  security  taken  by  lienor  as 
waiver   of    lien.     1916D-179. 

— stipulation  against  filing  lien  as  waived 
by  conveyance  of  property  during 
progress  of  building  thereon.  1916B- 
621. 


WAIVEE — Continued. 

— ^unsecured  note  of  owner  or  contractor, 
taking  note  as  waiver  of  lien. 
1915A-961. 

Vendor's  lien,  pursuit  of  remedy  at  law 
as    waiver.     13-92. 

— security  taken  from  third  person  as 
waiver  of  vendor's  implied  lien.  13- 
869;    1914D-1225. 


4.    PrJwrtice. 

Action  based  on  illegal  contract,  waiver 
of  objection  to  trial.     1912A-1035. 

Appeal,  notice  of  judgment,  etc.,  required 
to  set  statute  of  limitations  running 
against  appeal,  waiver  of  right. 
1913B-439. 

— payment  of  fine  in  criminal  case  as 
waiver  of  right  to  appeal.  1913E- 
300;    1916C-619. 

— validity  of  stipulation  waiving  right  to 
appeal.     19-1056. 

Appearance,  special  appearance  as  waived 
by  pleading  to  m,erits.  4-290;  1916E- 
1270. 

— want  of  jurisdiction  as  waived  by 
general  appearance  after  judgment. 
1914C-694. 

Attachment,  motion  to  quash  as  waived 
by  giving  statutory  bond  for  dissolu- 
tion.    12-171. 

— waiver  as  against  third  persons  by 
enlarging    original    claim.      18-1022. 

Counterclaim,  waiver  of  failure  to  reply 
to   counterclaim.     1917D-619. 

Eminent  domain,  acceptance  of  award  as 
waiver  of  right  to  appeal  in  con- 
demnation proceedings.  1915D-821; 
1917D-159. 

— ^interest  as  part  of  compensation  in 
eminent  domain  proceedings,  waiver. 
15-113. 

— waiver  of  land  owner's  right  to  com- 
pensation for  appropriation  of  prop- 
erty.     8-855. 

Findings  of  fact  made  by  court,  waivei 
of  right  to  have.     19140-797. 

Garnishee's  general  appearance  as  waiv- 
ing defects  in  process  or  service. 
21-1131. 

Grand  jury,  waiver  of  irregularity  in 
formation.     4-226. 


908    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


WATVEE — Continued. 

indictments,  objections  to  sufficiency, 
waivability.      1-480. 

— service  of  copy  of  indictment  or  in- 
formation, waiver  by  defendant. 
1913D-1099. 

Jury,  criminal  cases,  waiver  of  jury  trial. 

1-597;  9-1183. 
' — eminent  domain  proceedings,  waiver  of 

jury  trial.     18-685. 
— expression     of     opinion     or     prejudice 

during    trial,    waiver    of    misconduct. 

16-177. 
• — failure    of    defendant    to    demand    jury 

trial     in     criminal     case     as     waiver 

thereof.     9-263. 
— ^intoxicating  liquors  used  by  jury  during 

trial,  waiver  of  misconduct.     10-891; 

1912A-1323;   1916A-939. 
— juror    as  resident    taxpayer    of   munici- 
pality   interested   in    suit,    waiver    of 

incompetency.      6-961;    1913A-120. 
— partition,   waiver   of   right   of   trial   by 

jury.     21-1300. 
— peremptory    challenge,   right    as  waived 

by  acceptance  of  juror.     19-768. 
— polling    jury,    right    of     defendant     in 

criminal    case    to   poll    jury.      1912B- 

1237. 
— prejudice      of     juror      against     capital 

punishment,     waiver     of     disqualifica- 
tion.     1912A-793. 
• — quieting  title,  waiver  of  right  to  trial 

by  jury.     3-251;   18-246. 
— request    by    both    parties    for    directed 

verdict  as  waiver  of  right  to  trial  by 

jury.    6-545;  13-372;  1913C-1342. 
— separate    trial    by   joint    defendants    in 

criminal    case    as    affecting    rights    of 

peremptory  challenge.     1914A-862. 
— waiver    of    jury    as    affecting    right    to 

jury  on  second  trial  or  at  subsequent 

term.     4-1004. 

Justice  of  peace,  notice  of  appeal  from 
justice   court,  waiver.     21-1313. 

— statutory  requirement  for  time  of  ren- 
dition of  judgment  by  justice  as 
waivable.     12-1030. 

Limitation  of  actions,  waiver  of  statute 
by  personal  representative.     1912A-6. 

Misconduct  of  counsel  in  getting  inad- 
missible evidence  before  jury,  waiver. 
6-230;   19-299. 

Misjoinder    of    causes    of    action,   waiver. 

3-287. 


WAIVEE^Continued. 

New  trial,  misconduct  of  juror,  waiver 
of  right  to  new  trial  where  objection 
is  not  made  until  after  verdict, 
though  fact  is  known  to  moving 
party    before   that    time.     1912A-223. 

• — pursuit  of  inconsistent  proceedings  as 
waiver  of  right  to  new  trial.  1914B- 
612. 

— statutory  right  to  new  trial  in  eject- 
ment as  waivable.     1914C-741. 

^venire  de  novo  motion  as  waiver  of 
motion  for  new  trial.     1914B-615. 

Pleading,  filing  amended  pleading  as 
waiver  of  objection  to  sustaining 
demurrer.     19-306. 

• — inconsistent  defenses  as  constituting 
waiver.     1917C-740. 

— other  pleading  filed  as  waiver  of  ob- 
jection to  overruling  demurrer. 
1913B-388. 

• — verification  of  pleading,  waiver  of, 
1918D^40. 

Process,  judgment  by  confession  on 
warrant  of  attorney,  validity  with- 
out antecedent  process.     1914A-645. 

— ^waiver  of  insufficiency  of  description  of 
documents  in  subpoena  duces  tecum. 
15-645. 

Reference,  error  on  hearing  before 
referee,  waiver  by  failing  to  object. 
20-194. 

— ^failure  of  referee  to  file  report  within 
time  required  by  statute  or  order  of 
reference,  as  waivable.     1913D-605. 

Eemoval  of  cause  from  state  to  federal 
court,  waiver.     1913A-1337. 

— want  of  jurisdiction  of  particular 
federal  court  to  which  case  is  re- 
moved,  waiver.     14-1172. 

Eeplevin,  waiver  of  right  to  separate 
valuation  of  several  articles  in  le- 
plevin   verdict.     1912D-850. 

Tender,  waiver  of  objection  to  amount  of 
tender.     1912B-903. 

Tort,  waiving  tort  and  suing  in  assump- 
sit.   1913D-228. 

Trial,  waiver  of  exception  to  denial  of 
application  to  take  case  from  jury 
by  subsequent  introduction  of  evi- 
dence.    14-222;   1914A-146. 

Witnesses,  cross-examination  as  waiver 
of  right  to  exclude  testimony  re- 
lating to  transaction  with  decedent. 
1918D-202. 


WALKING  RAILWAY  LINE— WALLS. 


909 


WAIVEE^-Continued. 

— ^incompetency,  to  testify  to  transactions 
with  decedent,  waiver  by  personal 
representative.  1913A-682;  1918A- 
471. 

— swearing  witness,  waiver  of  failure  to 
swear.     4-1023;  6-57;  1912D-572. 


5.    Privilege. 

Witnesses,  bringing  action  or  introducing 
evidence  concerning  disease  or  injury 
as  waiver  of  privilege  of  communi- 
cations to  physician.  13-945;  1915A- 
438. 

— death  certificate  attached  by  physician 
to  proofs  of  death  of  insured  as 
waiver  of  privilege  against  testify- 
ing.    1918C-764. 

— insurance  contract  expressly  stipulating 
for  waiver  of  privileged  communica- 
tions  to  physician.     10-57. 

— introduction  of  testimony  by  client  as 
waiver  of  privileged  communication 
between  attorney  and  client.  20- 
1285;   1913A-31;   1916D-1087. 

— personal  representative,  heir  or  next  of 
kin  of  party  as  entitled  to  waive 
privileged  communication.  10-1118; 
1913A-100. 

— refusal  or  failure  to  waive  privileged 
communication  as  presumption  against 
party.     8-792, 

— statutory  prohibition  against  physician 
testifying  as  to  mental  condition  of 
testator  whom  he  attended  before 
death  as  waivable.     1918A-1051. 

— testimony  of  physician  who  attended 
testator  before  death,  waiver  of  right 
to  exclude.     1912B-1040. 

— ^waiver  of  privileged  communication  at 
one  trial  as  affecting  right  to  claim 
privilege  at  subsequent  trial.  8-660; 
15-935;    1916C-1012. 


6.    Eights   of   Accused. 

Arraignment  in  criminal  case,  waiver  of. 
1917D-829. 

Constitutional  privilege  of  accused  as  to 
testifying  in  his  own  behalf,  waiver 
of.    2-247;  11-822. 

Jeopardy,  failure  to  interpose  objection 
on  second  trial  as  waiver  of  plea  of 
former  jeopardy.     6-134;  1917C-765. 


WAIVBE — Continued. 

— objection  to  second  jeopardy  aa  waived 
by  procuring  quashal  of  first  indict- 
ment.    14-428. 

Preliminary  examination,  right  to  hold 
accused  for  another  charge  after 
waiver  of  examination  on  original 
charge.     18-524. 

— waiver  of  preliminary  examination  by 
accused   person.      1917E-179. 

Preparation  for  trial,  waiver  by  accused 
of  time  to  prepare.     17-522. 

Presence  of  accused  at  trial,  waiver  of 
right.      19130-1146;    1918E-375. 

— sentence,  waiver  of  right  to  be  present. 
6-^51;   11-813. 

— verdict,  waiver  of  right  to  be  present 
at  rendition.     13-1213;  1915B-447. 

Production  of  incriminating  evidence, 
waiver  of  constitutional  privilege  of 
accused.    1912D-263. 


WALKING  RAILWAY 
LINE. 

Injury  resulting  as  accident  arising  out 
of,  and  in  course  of,  employment 
within  Workmen's  Compensation  Act. 
1913C-11,  20. 


WALLS. 

Advertising  purposes,  right  of  tenant  to 
use  front  wall  of  building.  19120- 
1127;  19160-482. 

Building  restrictions  affecting  location  of 
walls.     1914A-15. 

Fall  of  wall  on  to  adjoining  property, 
liability  of  land  owner  for  injury 
caused.     1914B-1176. 

Injury  to  person  in  highway  by  fall  of 
wall,  application  of  doctrine  of  res 
ipsa  loquitur.     1916E-1073. 

Nuisance,  liability  of  municipality  to 
abate  wall  constituting  nuisance.  1- 
964. 

Party- walls.     See  Adjoining  Land  Owners. 

Workmen's  compensation,  injury  by  wall 
falling  on  workman  at  dinner  as 
accident  arising  out  of,  and  in  course 
of,  employment.     1913C-9. 

— wall  on  adjoining  premises,  fall  as  acci- 
dent in  course  of  employment. 
1917D-1S9. 


910    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


WAR. 

"Adherence  to  enemies,"  what  constitutes 
within  law  of  treason.     1917D-479. 

Aliens,  declaration  of  alienage,  right  as 
affected  by  existence  of  war.  1917E- 
484. 

— expatriated  person  as  alien  enemy. 
1916D-306. 

• — rights  and  liabilities  of  alien  enemies. 
1917C-189,  227,  232;  1918C-709,  741j 
1918D-583,  601;  1918E-337. 

Civil  War,  validity  and  construction  of 
statute  limiting  amount  of  attorney's 
fee  for  collection  of  Civil  War  dam- 
age claim  against  federal  govern- 
ment.    1918C-869,  872. 

Contraband  of  war  as  including  persons. 
15-241. 

Contracts,  war  as  excuse  for  breach. 
1918A-14;    1918C-398. 

Enemy  goods  shipped  before  commence- 
ment of  hostilities  as  subject  of 
maritime  prize.     1916B-736. 

Espionage  law  as  valid  exercise  of  war 
power.     1918B-1011. 

Existence  of  war  as  affecting  civil  or 
criminal  liability  of  soldier  or  militia- 
man for  injury  to  person  or  property. 
1917C-15. 

Government  contracts  as  affected  by 'out- 
break of  war.     1918E-12,  36. 

Internment  of  person  of  hostile  origin  or 
association.     1917D-409, 

— status  of  interned  alien  enemy.  1917C- 
193. 

Marine  insurance,  frustration  of  voyage 
because  of  existence  as  constructive 
total  loss  within  policy.  1916D-884; 
1918C-373. 

Martial  law.     1914C-22. 

Neutral  goods,  right  of  belligerent  power 
to  requisition.     1916E-245. 

Prize,  right  to  bring  into  neutral  port. 
1917D-448. 

Seaman's  right,  under  contract  of  service 
for  ordinary  voyage,  to  refuse  to  pro- 
ceed to  belligerent  port  without 
losing    right    to    wages.      7-347. 

War  power,  nature  and  scope  as  applied 
to  citizens.  1918B-1(K)9;  1918D- 
1105. 


WAE — Continued. 

Workmen's  Compensation  Act  as  ap- 
plicable to  injury  arising  from. 
1917C-760. 


WAREHOUSES. 

Burglary  of  warehouse,  sufficiency  of  de- 
scription of  building  in  indictment. 
1913D-872. 

Carrier  of  goods  as  distinguished  from 
warehouseman,  when  person  or  corpo- 
ration is.      1914B-778. 

— ^holding  goods  at  destination  at  con- 
signee's request  as  rendering  carrier 
liable  as  warehouseman.     10-442. 

— wrongful  delivery  of  goods  held  as 
warehouseman,  liability  of  carrier. 
5-102. 

Cold  storage  of  food.  1916A-534;  191 6B- 
703;   1918C-895. 

Delivery  of  goods  to  original  bailor, 
liability  of  warehouseman  without 
notice  of  transfer  of  warehouse  re- 
ceipt.    1914D-1305. 

Deposit  of  grain  in  warehouse  as  bail 
ment  or  sale.     10-1074. 

Independent  contractor,  person  employed 
in  connection  with  warehousing. 
1918C-659. 

Insurance  of  goods  by  warehouseman. 
1913A-143. 


Iden  for  private  storage  of  goods,  right 
in  absence  of  agreement  for  lien  or 
of  statute  authorizing  it.  1913D- 
1300. 

Loss  of  goods  by  fire,  liability  of  ware- 
houseman.     19-243;    1914A-1123. 

Bailroad  company's  power  to  conduct 
business  of  public  warehouseman.  4- 
911. 

Receipts,  delivery  as  passing  title  to 
goods  sold  from  mass  without  neces- 
sity of  separation.     9-31. 

— negotiability  of  warehouse  receipts. 
17-670. 

— transfer  of  warehouse  receipt  as  divest- 
ing vendor's  lien.     1917D-112. 

— Uniform  Warehouse  Eeceipts  Act,  con- 
struction.     1917E-29.. 

Removal  of  goods  in  storage  to  another 
place  of  storage  as  in  nature  of  con- 
version.    3-470. 


WARNING— WARRANTY. 

WAREHOUSES— Continued.  WAEEANTS— Continued. 


911 


Storage  charges,  constitutionality  of  stat- 
utes regulating.     1-433. 

Workmen's  Compensation  Act  aa  ap- 
plicable to  employment  in  ware- 
bouse.     1917D-20,  30. 


Limitation  of  actions,  running  of  statute 
against  warrants  of  municipal  or 
quasi-municipal  corporations.     2-394. 

State,  liability  for  interest  on  warrants. 
1914A-364. 


WARNING. 

Dangerous  employment,  duty  of  master 
to  warn  as  discharged  by  delegation 
to  another,     11-105. 

Explosives,  duty  of  master  to  warn 
servant  of  discharge  of  explosives 
used  in  prosecution  of  work  for 
which  he  is  employed.     12-248. 

— ^failure  to  instruct  servant  as  to  ex- 
plosives as  imposing  liability  on  mine 
owner  for  injuries  caused  by  pre- 
mature explosion.     1913C-9o9. 

Flagman's  failure  to  give  warning  as 
affecting  duty  to  stop,  look  and  listen 
at  railroad  crossing.     10-418. 

— ^railroad's  duty  to  warn  flagman  at 
crossing  of  approach  of  train.     11-51. 

Jurors,  warning  against  obstinacy  as 
coercion   of   verdict.     1912D— 442. 

Bailroads,  duty  to  warn  trackmen  with 
respect  to  passing  trains.  1913A- 
442. 

Sliding  rock  or  earth  in  excavations,  duty 
of  master  to  warn  servant  of  danger. 
21-710. 

Trespasser,  necessity  of  warning  prior  to 
assault  in  defense  of  property  or  of 
ejection.     1917D-301,  313. 

Young  and  inexperienced  servants,  duty 
of  master  to  warn.  3-368;  17-487; 
1914A-609. 


WARRANTS. 

See  Arrest;  Searches  and  Seizures. 

Action  to  determine  validity  of  state, 
county  or  municipal  warrants,  neces- 
sary  parties.     5-858. 

Attorney's  lien  on  warrant  or  town  order 
in  his  possession  in  connection  with 
litigation.      1917D-150. 


City      warrants, 
1916C-576. 


interest      on,       10-209; 


County   warrants,   interest   on.     3-459. 


WARRANTY. 

1.  Express  Warranty. 

2.  Implied  Warranty. 

See  Deeds;  Insurance. 

1.    Express  Warranty. 

Agency,   authority    of    agent    to    warrant, 

1913D-473. 
— personal   liability    of    agent   for    breach 

of  warranty.    19-773. 
— warranty  to  agent  as  inuring  to  benefit 

of  undisclosed  principal.     1918B-130. 

Animals,  sale  for  breeding  purposes, 
warranty.     1916A-573,   588. 

Auctioneer,  power  to  warrant  property 
sold  by  him.     1915C-581. 

Bills  and  notes,  implied  warranty  of 
genuineness  by  indorsement  of  non- 
negotiable  paper.     1912B-709. 

Conditional  sales,  right  of  vendee  to  re- 
cover damages  for  breach.  20-821; 
1918B-914.     " 

Decisive  test  of  warranty,  circumstance 
that  vendor  assumes  to  assert  fact 
of  which  buyer  is  ignorant  as  con- 
stituting.    1913C-711. 

Drafts  and  cheeks,  unrestricted  indorse- 
ment of  draft  or  check  as  warranty 
that  instrument  is  genuine.     7-746. 

Goods  not  in  existence  when  contract  of 
sale  is  made,  application  of  warranty 
in  eontracti     6-115. 

Horses,  construction  of  express  warranty 
of  "soundness,"  etc,  on  sale  of  horse, 
21-1003. 

Limitation  against  action  for  breach  of 
warranty  as  running  from  date  of 
breach  or  from  occurrence  of  actual 
damage.     13-700. 

Measure  of  damages  for  breach  of  title 
to  goods  sold,     7-937;  1912B-1340. 

Parol  evidence,  admissibility  to  show 
warranty    in    bill    of    sale    where    bill 


912    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


WAERANTT — Continued. 

of    sale    contains    no    warranty.      1&- 
542. 

Personal  injuries,  recovery  of  damages 
therefor  in  action  for  breach  of 
warranty.      5-588. 

Privilege  of  returning  goods  purchased 
as  bar  to  claim  for  breach  of  war- 
ranty.    1915D-1159. 

Eeplevin,  right  to  show  breach  of  war- 
ranty  under   general   denial.      20-300. 

Samples,  express  or  implied  on  sale  by 
sample.    1917C-311,  338,  341,  343,  346. 

Reed,  express  or  implied  warranty  on 
sale  of  seed.  1918B-72,  96;  1918E- 
485. 

Uniform  Sales  Act,  warranty  of  title  or 
quality  under  act.     1918D-405. 


2.    Implied.   Warranty. 

Ainimals,  implied  warranty  by  seller  that 
animal  is  fit  for  breeding  purposes. 
19-874;   1916A-579. 

Assignment  of  chose  in  action  "without 
recourse,"  implied  warranty  arising 
out  of.     1912A-923. 

Chattels,  implied  warranty  of  title  on 
sale.     16-59. 

Corporate  stock,  implied  warranty  on  sale. 
10-168. 

Food,    implied    warranty    upon    sale.      4- 

1124;  15-1083. 
— recovery    of    consequential    damages    on 

breach    of   implied   warranty   on    sale 

of  food.     16-497;  1913B-1114;  1915C- 

143. 

Nursery  stock,  implied  warranty  on  sale. 
1913E-93. 

Patents,  implied  warranty  of  validity  of 
patent  on  assignment.     18—58. 

— patented  article,  implied  warranty  on 
sale.     16-65. 

Sale  of  goods  subject  to  test,  implied 
warranty  on.     1916A-956. 


WASHING  CLOTHES. 

Injury  incurred  by  employee  while  wash- 
ing clothes  as  accident  in  course  of 
employment  within  Workmen's  Com- 
pensation Act.     1913C-11. 


WASHING  CLOTHES— Continued. 

Eelation  of  employee  as  affected  by  stop- 
ping work  temporarily  for  purpose  of 
washing  clothes.     1913C-948. 


WASH-ROOMS. 

Validity  of  statute  requiring  master  to 
furnish  wash-rooms  for  employees. 
1915D-991;    1918E-622, 


WASP  STING. 

Accident  arising  out  of,  and  in  course  of, 
employment  within  Workmen's  Com- 
pensation  Act.      1913C-12. 


WASTE. 

Alteration  of  building  by  tenant  for 
years  as  waste.  1912C-392;  1915C- 
1008. 

Assignability  of  right  of  action.  1914C- 
262. 

Changing  character  of  land  as  waste. 
1918D-543. 

Decedent's  estate,  waste  of  assets,  right 
of  legatee  or  distributee  to  sue  to 
prevent.     4-195. 

Defeasible  fee,  liability  of  owner  for 
waste.     1915A-229. 

Dower  land,  cutting  trees  by  widow  for 
sale  as  waste.     20-972. 

Lienor  or  creditor,  right  to  restrain 
waste  by   owner  of  realty.     13-89. 

Life  tenant  or  tenant  for  years,  when 
has  estate  unimpeachable  for  waste. 
1914D-669. 

Natural  gas,  petroleum,  water  and  the 
like,  constitutionality  of  legislation 
to  prevent  waste  by  private  owner. 
4-213,  357;   16-1001;   1912C-165. 

Eemedy  of  contingent  remainderman  for 
waste.      1912A-543. 

Bule  that  equity  assuming  jurisdiction 
for  one  purpose  will  retain  it  for  all 
purposes.     1912A-806. 

Tenant  in  common  committing  waste, 
right  of  cotenant  to  maintain  action 
for.     15-271. 

Wife's  right  in  action  of  divorce  to  re- 
cover for  waste  committed  by  hus- 
band.    21-1104. 


WATCHES— WATERS  AND    WATERCOURSES. 


913 


WATCHES. 

Innkeeper's    liability    for    loss    of    guest's 
watch.      2-491;    1912A-961. 

Trademark    or    trade    name    as    infringed 
by  similar  name.     1915B-348. 


WATCHMEN. 

Fire  insurance  policy,  construction  of 
watchman  clause.  21-845;  1917D- 
821. 

Injury  to  watchman  as  accident  arising 
out  of,  and  in  course  of,  employment 
within  Workmen's  Compensation  Act. 
1918B-774,   784,  806. 

Master's  duty  and  liability  to  night 
watchman.     1912C-1036. 


WATER-CLOSETS. 

See  Toilet-rooms. 

WATERCRAFT. 

See  Ships  and  Shipping. 

WATERING  HORSE. 

Act  as  within  scope  of  employment  under 
Workmen's  Compensation  Act.  1916B- 
1309. 

WATERS  AND  WATER- 
COURSES. 

1.  In  General. 

2.  Surface  Waters. 

3.  Wells  and  Springs. 

4.  Navigable  Waters. 

5.  Riparian  Owners. 

6.  Land  Under  Water. 

7.  Diversion. 

8.  Obstruction, 

9.  Pollution. 

See    Irrigation;    Waterworks   and   Water 
Companies. 

1.    In  General. 

Artificial  stream,  acquisition  of  character 
of  natural  watercourse.     14-909. 
Index  to  Notes — 58 


WATERS  AND  WATERCOURSES— Con- 
tinued. 

Attractive  nuisance  doctrine  as  applicable 
to  pond  or  pool  on  city  property. 
1915C-288. 

Bathing  in  ponds,  streams  or  the  like, 
validity  of  laws  prohibiting.  1913B- 
223. 

Boundary  between  states,  concurrent 
jurisdiction  of  states  over  waters 
forming.  16-1115;  1914D-190;  1917B- 
919. 

Covenant  with  reference  to  water-power 
as  covenant  running  with  land. 
1915B-875. 

Damage  by  water  as  included  in  phrase 
"damage    by   elements."      1917B-297. 

Deeds,  exception  of  water  rights  from 
conveyance  as  constituting  exception 
or   reservation.     18-802. 

Dripping  water,  liability  of  land  owner 
for  permitting  water  to  drop  on  ad- 
joining property.     1914B-1172. 

Xlminent  domain,  availability  of  waters 
on  land  as  source  of  water  supply  as 
element  of  value  in  eminent  domain 
proceedings.     1912C-1238. 

—interest  in  land  acquired  by  con- 
demnation for  levee  as  easement  or 
fee.     20-571. 

— railroads,  right  to  condemn  water  over 
which  right  of  way  is  constructed. 
1916E-1215. 

— water  apart  from  land,  eminent  domain 
power  as  applicable.  13-72;  1914C- 
1037. 

— United  States,  power  of  eminent  do- 
main for  navigation  purposes.  1918E- 
47. 

Flooding  property,  leased  premises,  liabil- 
ity of  third  person  to  landlord. 
1912D-125. 

—mines,  liability  for  flooding  mine. 
1914C-458. 

Ice,  cutting  hole  in  ice,  civil  liability 
for  personal  injuries  caused  by.  14- 
365. 

— grant  of  right  to  take  ice  from  an- 
other's premises,  nature  and  effect  of 
grant.      1917D-93. 

— right  to  harvest  ice  as  between  person 
having  right  of  flowage  and  riparian 
proprietor.      1917C-782. 

— riparian  owner's  right  to  take  ice  from 
public  waters.     8-30. 


914    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


WATERS  AND  WATERCOURSES— Con- 
tinued. 

Judicial  notice  by  courts  of  facts  relating 
to  waters  a»d  watercourses.  12- 
928. 

Larceny  of  water.     6-739. 

Legislative  investigation  of  public  waters, 

power  of  committee  to  make.    1916B- 

1062. 

Reservoirs,  damages  caused  by  percola- 
tion of  water  from  artificial  reser- 
voir, liability  of  owner.  5-681  j  13- 
219. 

Ship   channel   aa  public   work.     11-596. 

Statutes  relating  to  waters  and  water- 
courses, effect  of  partial  invalidity. 
1916D-93. 

Tides,  high  and  low  water  mark,  meaning 
of  term  "ordinary"  as  applied  to. 
17-149. 

— loss  resulting  from  rise  or  fall  of  tide 
as  due  to  act  of  God.     1917A-450. 

Waste  of  water,  constitutionality  of  legis- 
lation to  prevent  waste  by  private 
owner.     4-213;    16-1001;    1912C-165. 

— right  of  owner  of  land  to  waste  perco- 
lating waters.     4-357. 

Watercourse,  necessity  and  sufficiency  of 
source  of  supply  to  constitute.  10- 
1047. 

Water-power,  construction  of  grant. 
■  1916D-1002,   1022,   1026,   1030. 

— ^public  lands  as  subject  to  withdrawal 
from  settlement  for  water-power  pur- 
pose.     1918C-1008.. 

Workmen's  compensation,  river  and 
harbor  work  as  employment  within 
purview    of    act.      1917D-27. 

— well-digging  as  employment  within  pur- 
view of  act.     1917D-30. 


2.    Surface  Waters. 

Drainage     of    natural    ponrls     formed     by 

surface       water.        2-197;       11-1143; 

1915C-971. 
Flood    waters,     right    to     appropriate     as 

against    riparian    proprietor.      1914A- 

82. 
Municipality's     right      to     drain     surface 

water    from   highways    upon    adjacent 

land.      6-990;    7-687;    8-1024;    1912B- 

915. 
Overflow     from     watercourse     as     surface 

water.     3-208. 


WATERS  AND  WATERCOURSES— Con- 
tinued. 

Prescriptive  right  of  land  owner  to  waste 
water  coming  from  land  of  another. 
191oC-1165. 

Railroad  company,  liability  for  diversion 
of  surface  water  on  to  land  of 
another.     1914A-1292. 


8.    Wells  and  Springs. 

Contamination  of  well  by  gas  escaping 
from  pipes,  liability  of  gas  company. 
1914C-363. 

Interception  of  subterranean  water  sup- 
plying neighbor's  well  or  spring, 
right  of  land  owner  to  sink  well  and 
intercept.  4-829;  10-846;  1917C-106; 
1918E-274. 

Prescriptive  rights,  individual's  right  to 
take  water  from  another's  well  or 
spring.     1917A-881. 

— public's  prescriptive  right  to  use  well 
or  spring.     1914B-725. 

Water  pumped  from  well  and  flowing  on 
to  adjoining  land,  liability  of  owner. 
1914D-70. 

4.    Navigable  Waters. 

Admiralty  jurisdiction  of  torts  committed 
on  navigable  waters.      13-1217. 

Artificial  navigability,  effect  on  rights  of 
owner  of  non-navigable  body  of  water 
of  his  making  it  navigable  by  arti- 
ficial  means.     1914A-73. 

Canal  as  navigable  water.     17-349. 

Declaration  of  navigability,  power  of 
legislature.      1912D-1091. 

Exclusive  control  over  navigable  stream, 
validity  of  legislative  grant.  1915D- 
69. 

Fishing,  right  of  fishery  in  streams  or 
ponds  and  in  navigable  waters.  3- 
860;  21-777. 

Highways,    right    to    locate    over    or    into 

navigable   waters.      14-288. 
Hunting,     right     to     hunt     on     navigable 

waters.     15-708;   1915C-1152. 

Ordinance  of  1787  respecting  navigable 
waters  as  affected  by  admission  of' 
states  carved  out  of  Northwest  Terri- 
tory.    1915D-953. 

Test  of  navigability  of  stream  or  other 
body    of    water.     1914B-1067. 


iWATERS  AND  WATERCOURSES. 


915 


WATERS  AND  WATERCOURSES— Con- 
tinued. 

6.    Riparian  Owners. 

Access,  right  of  access  of  riparian  pro- 
prietors.    1-184. 

Accretions,  apportionment  between  ri- 
parian proprietors,  rule  for.  1914A- 
481;  1918E-998. 

— conveyance  as  including  prior  accretion. 
1918E-244. 

Change  in  course  of  navigable  stream, 
effect  on  title  of  riparian  owner. 
13-50. 

"Domestic  purposes,"  meaning  of  phrase 
in  relation  to  riparian  rights. 
1912B-621;   1914D-563. 

Electric  power,  right  of  riparian  owner 
to  use  water  to  generate  electric 
power.     17-1226;   1915C-1026. 

Embankment  against  overflow  by  riparian 
owner  to  injury  of  other  proprietors. 
4-718. 

Floating  timber,  liability  for  resulting 
injuries  to  riparian  owner  by  use  of 
stream  to  float  timber.  10-235; 
1918A-732. 

nowage  of  lands  by  maintenance  of 
dam,  measure  of  prescriptive  right. 
18-217. 

Riparian  rights,  nature  of,  and  lands  to 
which  they  attach.  9-1235;  1913E- 
709;    1915C-1026. 

Wharf  or  pier,  right  of  access  of  riparian 
owner  as  including  right  to  construct. 
11-11. 


.6.    Land  Under  Water. 

Acquisition  of  title  to  land  under  water 
by  possession  adverse  to  state. 
1912A-702. 

Dredging  through  land  under  water  held 
by  private  owners,  right  of  govern- 
ment.    19-697;    1915A-234. 

Islands*,  doctrine  of  riparian  ownership  of 
bed  of  river  as  extended  to  islands. 
1913A-782. 

Lakes,  title  to  bed  of  non-navigable  lake. 
1916D-299. 

Sand,  gravel  or  the  like,  right  to  take 
from  bed  of  navigable  stream. 
1916B-559;   1918B-588. 


WATERS  AND  WATERCOURSES— Con- 
tinued. 

Title  to  land  under  navigable  water, 
power  of  state  to  grant  title.  1918B- 
1107. 

7.    Diversion. 

Diversion  of  water  into  another  state, 
right  of  resident  of  state.  10-126; 
14-562. 

Equitable  estoppel  as  defense  to  suits  to 
restrain  diversion  and  use  of  water. 
2-786;   1914B-996. 

Injunction  as  remedy  for  wrongful  diver- 
sion of  watercourse.     1912D-13. 

Leased  premises,  liability  of  third  person 
to  landlord  for  diversion  of  water- 
course.    1912D-124. 

Limitation  of  action  against  nuisance 
created  by  diversion  of  watercourse, 
lunning  of  statute.     10-186. 

Riparian  proprietors,  necessity  for  show- 
ing of  actual  damage  in  action  by 
lower  against  upper  riparian  proprie- 
tor for  diversion  of  water.  1915A- 
772. 

8.    Obstruction. 

Abatement  of  nuisance  caused  by  obstruc- 
tion of  navigable  stream,  right  of 
private  citizen  to  maintain  action. 
1913E-51. 

Criminal  liability  of  corporation  for  ob- 
struction of  public  waterway.  1916C- 
463. 

Dam  across  watercourse,  liability  of  con- 
structor for  injuries  caused  by  break- 
ing.    1912A-110. 

Freshets  and  floods,  duty  of  one  obstruct- 
ing natural  watercourse  to  anticipate 
extraordinary  freshets  and  floods. 
8-777;    1918A-1114. 

Joint  or  several  liability  of  persons  ob- 
structing stream  unlawfully.  1914A- 
1285. 

Limitation  of  action  against  action  for 
damages  for  obstruction  of  water- 
course, running  of  statute.     10-186. 

Municipal  liability  for  injury  resulting 
from  obstruction  in  navigable  water 
within  its  borders.     1915C-117. 

Railroad  interference  with  watercourses 
and  surface  water  by  construction  on 


916    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


WATERS   AND   WATEECOUESES— Con- 

*  tinued. 

right   of  way,   liability   for   damages. 
19-336. 

9.    Pollution. 

Gas,  contamination  of  well  by  gas  escap- 
ing from  pipes,  liability  of  gas  com- 
pany.    1914C-363. 

— ^pollution  of  water  by  gasworks  as  nui- 
sance.    21-1250. 

Independent  acts  of  pollution  by  several 
persons,  single  suit  by  riparian  owner 
to  enjoin.     9-516. 

Joint  liability  in  damages  of  persons  pol- 
luting stream  independently.     10-773. 

Measure  of  damages  for  pollution  of 
watercourse.     9-534;  21-1054. 

Mining  operations,  liability  for  pollution 
of  stream  by.     10-587;  1913D-1082. 

Penalty  for  polluting  stream,  validity  and 
construction  of  statute  imposing. 
1914A-1180. 

Prescriptive  right  to  pollute  watercourse. 

3-24;    1912C-182;    1915A-983. 
— public  nuisance  in  waters,  prescriptive 

right  to  maintain.     17-791. 

Sewerage,  municipal  liability  for  dam- 
ages for  use  of  stream  for  sewerage 
purposes.     6-177;    11-588;    1912B-450. 

Statutes  relating  to  nuisances  affecting 
watercourses,  effect  of  partial  in- 
validity.    1916D-77. 

Underground  waters,  liability  for  pollu- 
tion.    16-676. 


WATERWORKS  AND 
WATER  COMPANIES. 

1.  In  General. 

2.  Pipes  and  Mains. 

3.  Supply  to  Consumers. 

4.  Water  Bates. 

5.  Liability  for  Injuries. 

See  Irrigation;  Waters  and  Watercourses. 

1.    In  General. 

Eminent    domain,    conflicting   condemnors, 
priority  of  right  to  land     9-690. 


WATERWOEKS  AND  WATEE  COM- 
PANIES—Continued. 

-interest  acquired  in  land  by  condem- 
nation for  waterworks  as  easement 
or  fee.     1918A-809. 

- — public  use  justifying  taking  of  land  for 
water  supply.     14-904;   1912D-1004. 

"Inch,"  meaning  as  used  with  respect  to 
measurement  of  water.     1916B-1230. 

Independent  contractors,  person  contract- 
ing to  dig  trench  for  water-mains  as 
independent  contractor.  19-27;  1918C- 
658. 

Individual's  right  to  operate  waterworks. 
1914C-940. 

Larceny  of  water.     6-739. 

Nuisance,  waterworks  as.     14-1011. 

Plant,  meaning  of  "water  plant."  1917A- 
321. 

Power,  construction  of  water-power  grant. 
1916I>-1002,  1022,  1026,  1030. 

Public  works,  waterworks  as  constituting. 
11-595. 

Purchase  of  waterworks  by  municipality, 
special  elements  of  value  in  determin- 
ing compensation  payable.  1915B- 
1179. 

Statutes  relating  to  municipal  water  sup- 
ply, effect  of  partial  invalidity. 
1916D-76. 

Taxation,  mains,  conduits,  etc.,  situate  in 
more  than  one  taxing  district,  place 
of  taxation.     18-717. 

United  States,  power  to  condemn  land  for 
purposes  of  water  supply.  1918Er- 
48. 

2.    Pipes  and  Mains. 

Interference  with  pipes  by  municipality 
in  making  public  improvements,  rights 
of  water  company.     6-390. 

Laying  water-pipe,  liability  of  third  per- 
son  to   landlord.     1912D-126.    . 


regulation 
10-1100. 


of    pipes    in    high- 


Municipal 
ways. 

Special  assessment  for  laying  water-pipes 
in  street,  right  to  levy  against  abut- 
ting property.     5-905. 

Underground  water-pipes,  liability  for  in- 
juries caused  by.     1916C-1050. 


WAVES— WEAPONS. 


917 


WATERWORKS  AND  WATER  COM- 
PANIES—Continued. 

3.    Supply  to  Consumers. 

Enforcement  of  contract  to  supply  water, 
municipality's  right  to  enforce  its 
contract  with  water  company  on  be- 
half  of   private    citizen.     1913C-1028. 

— private  consumer's  right  to  enforce  con- 
tract of  municipality  with  water,  com- 
pany.    5-507. 

Extension  of  water  system,  power  to  com- 
pel.    1916D-285. 

Failure  to  furnish  supply  of  water,  lia- 
bility of  water  company  to  consumer. 
20-1294. 

Meters,  right  of  water  company  to  com- 
pel customer  to  pay  for  meter  as 
condition  to  supplying  water.  15- 
378;  19150-1198. 

Municipal  water  supply,  authority  of 
board  of  health  to  regulate.     18-499. 

Pollution  of  water  supply,  validity  of  mu- 
nicipal ordinance  prohibiting.  1917D- 
1094. 

Service  pipe,  duty  to  lay  without  charge 
to  consumer.  1912B-546;  1916A-741j 
1916E-1297. 


4.    Water  Rates. 

Advance  charges  for  service,  right  to  re- 
quire payment.     1914D-119. 

Discrimination,  right  of  water  company 
to  discriminate  between  consumers. 
20-952. 

"Domestic  purposes,"  meaning  as  applied 
to  water  rates.  1912B-619;  1914D- 
561. 

Former  owners  or  tenants,  validity  of 
statute,  ordinance  or  regulation  making 
owner  of  premises  liable  for  water 
furnished  to  former  tenant  or  owner. 
7-1017;  11-241. 

Minimum  charge  for  service,  right  of 
water   company  to   make.     1914D-455. 

Prohibition,  issuance  against  council  or 
executive  officer  of  municipal  corpo- 
ration to  prevent  fixing  of  water 
rates.     20-962. 

Shutting  off  water  supply  for  nonpay- 
ment of  water  rent,  right  of.  19-847; 
I914A-542. 


WATERWORKS     AND     WATER     COM- 
PANIES—Continued. 

[Water  rents  as  included  in  term  "tax"  in 
lease.     8-111. 


5.    liability  for  Injuries. 

Fire  loss,  liability  of  water  company  un- 
der contract  with  municipality  for 
loss  sustained  by  private  citizen.  2- 
479;  7-475;  9-1070;  1913D-461; 
1915B-211. 

—municipality's  loss  by  fire,  liability  of 
water  company  under  contract  with 
municipality.     20-625. 

Impure  water,  liability  of  water  company 
to    consumer.     1915C-686;    1918D-860. 

Negligence  in  construction  or  operation 
of  waterworks,  liability  of  municipal- 
ity.    14-1010;  1912A-220. 


WAVES. 

Injury  to  other  vessels  by  displacement 
waves,  duty  of  vessel  to  avoid  caus- 
ing.    12-613. 


WAYS. 

See  Easements. 
land 


Opening    way    through 
1918D-543. 


as    waste. 


WEALTH. 

Propriety  of  counsel  referring  in  argu- 
ment to  wealth  or  poverty  of  party 
to  action.     1917B-312. 


WEAPONS. 

1.    In  General 

Deadly  weapon,  what  constitutes.  1912A- 
1328;   1916E-308. 

Display  of  weapon  accompanied  by 
threats  as  constituting  offense  of  re- 
sisting officer.     17-404. 

Evidence  of  guilt  of  accused,  fact  of  his 
carrving  weapon  when  arrested  as 
admissible.     15-1057. 

Firearms  as  baggage.     21-732. 

— discharge  of  firearms  in  public  places, 
validity  of  statute  or  ordinance  pro- 
hibiting.    11-723. 


918     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


WEAPONS— Continued. 

— pointing  unloaded  firearms  as  assault. 
13-484. 

Shooting  across  land  of  another  as  tres- 
pass.    10-531, 

Sportsman  shooting  another  while  hunt- 
ing, civil  liability.  20-126;  1918C- 
386. 

Toy  pistol,  liability  of  seller  in  damages 
for  injury  to  child  resulting  there- 
from.    1913C-804. 

Use  of  deadly  weapon  in  manner  not  or- 
dinarily employed  as  raising  presump- 
tion of  intent  to  kill.     1912A-107. 


2.    Carrying   Weapons. 

Condition  of  weapon  as  affecting  liability 
for  carrying  concealed  weapon. 
19131^-513. 

"Crime"  for  which  witness  may  be  im- 
peached, carrying  or  pointing  weapon 
as  constituting.     1916A-277. 

Cruel  and  unusual  punishment  for  carry- 
ing concealed  weapon,     19-732. 

Exemption  of  officers  of  law  from  statute 
against  carrying  weapons,  construc- 
tion.    1914A-253. 

Habit  of  deceased  in  carrying  weapon, 
proof  in  prosecution  for  homicide. 
11-231. 

Merchandise,  carrying  weapon  as  article 
of  merchandise  as  within  prohibition 
of  statute  against  carrying  concealed 
weapon.     1912A-1207. 

Right  to  bear  arms.  1-56;  7-927;  17- 
570;  1913B-333. 

Traveler  or  person  on  journey,  who  is 
within  exception  in  statute  against 
carrjdng    concealed   weapons.     21-448. 

What  amounts  to  carrying  weapon  within 
prohibitory  statute,     11-1105. 


WEARING  APPAREL— Continued. 

Exemption  statute,  meaning  of  term 
"necessary"  as  applied  to  wearing  ap- 
parel.    1918D-175. 

— "wearing  apparel"  within  exemption 
statute.     15-159. 

Measure  of  damages  for  loss.     1917B-585. 

Trademark  or  trade  name  as  infringed  by 
similar  name.     1915B-349. 

WEATHER. 

Negligence  in  setting  fire  on  one's  own 
premises  as  dependent  on  weather 
conditions.     20-699. 

Visibility  of  railroad  rolling-stock  or 
street-ears  as  affected  by  state  of 
weather.     16-357;   1915B-413. 

Weather  records,  admissibility  and  weight 
as  evidence.     19-852. 


WEBB-KENYON  LAW. 

Shipments  of  liquor  in  violation  of  state 
laws,  validity  and  construction  of  act. 
1915D-1171;   1917B-852;   1918B-278. 


WEEDS. 

Noxious  weeds,   duty  of  owner  to   destroy. 
1913r)-432;   1917A-183. 

Permitting    growth    of   noxious    weeds    as 

waste.     1918D-547,  553. 
Regulation    of    growth    of    weeds   on    city 

lots,  validity  of  ordinance.     1-747. 

WEEKLY  EARNINGS. 

See  Average  Weekly  Earnings. 


WEEKLY  REST  DAYS. 

Validity    of    statute    requiring    for    em- 
ployees.    1916D-1058. 


WEAR  AND  TEAR. 

Construction  of  "wear  and  tear"  clause  in 
lease.     13-96. 


WEARING  APPAREL. 

Baggage,  when  wearing  apparel  of  passen- 
ger is.     21-736. 


WEIGHTS  AND 
MEASURES. 

False  weights  and  measures,  criminal  lia- 
bility of  corporation  for  use.  1916C- 
,      465. 

— ^liability  of  principal  or  master  for  act 
of  agent  or  servant  in  giving  false 
weight    or    measure.     1914B-1077. 


WELI^DIGGING— WHOLTiY  DUE. 


919 


AND       MEASUEES  —  Con-      WHAEVES— Continued. 


WEIGHTS 
tinned. 

Food  packages,  validity  and  construction 
of  statutes  regulating  net  weight  of 
packages.     1916B-1169;    1916D-551. 

"Inch"  as  used  with  respect  to  measure- 
ment of  water.     1916B-1230. 

Minerals  mined  by  employees,  validity  of 
statutes    regulating   weighing.     11-74. 

Prevention  of  fraud  in  weights  and  meas- 
ures, validity  of  legislation.  1912C- 
251;  1914C-679;  1915D-1073;  1917  E- 
877;    1918D-156. 

Sealer  of  weights  and  measures  as  munici- 
pal ofacer.     1914D-1237. 

WELL-DIGGINa. 

Workmen's  Compensation  Act  as  appli- 
cable to  well-digging.     1917D-30. 


WELLS. 

Injury  caused  by  water  pumped  from  well 
and  flowing  on  to  adjoining  land,  lia- 
bility of  well  owner.     1914D-70. 

Interception  of  subterranean  waters  sup- 
plying neighbor's  well,  right  of  land 
owner  to  sink  well  and  intercept. 
4-829;  10-846;  1917C-106;  1918E- 
274. 

Prescriptive  right  of  public  to  use  well. 
1914B-725;   1917A-881. 

Trespassing  child  injured  by  reason  of 
unguarded  well,  liability  of  land 
owner.  7-200;  11-990;  i913A-1032; 
1916C-1085. 


WHALES. 

Private  ownership  aa  acquired  by  pursuit. 
1917B-961. 


WHARVES. 

Independent  contractors  as  tested  by 
chg,racter  of  employment  in  connec- 
tion with  wharves.     19-27. 

Injuries  to  persons  on  or  about  wharves, 
docks  or  piers.  19160-139,  164,  167, 
170. 

Municipal  erection  at  point  whore  street 
abuts  upon  waterfront,  right  in  ab- 
sence of  statute.     14-1135. 


Private  wharf,  right  of  owner  to  exclude 
others  from  use.     16-1226. 

Public  use  supporting  condemnation  pro- 
ceedings for  wharves.     14-906. 

Eailroad  company's  power  to  maintain 
wharf.     4-911. 

Riparian  owner's  right  to  construct  wharf 
under  right  of  access.     11-11. 

Statutes  relating  to  wharves,  effect  of 
partial  invalidity.     1916D-93. 

Wharfage  charges,  right  to  and  liability 
for,  in  absence  of  express  contract. 
13-384. 

Workmen's  Compensation  Act  as  appli- 
cable to  work  on  wharf.     1917  D-21. 


WHIPPING. 

Charge  that  person  was  whipped  as  libel- 
ous  or   slanderous.     1913D-260. 

Eeasonableness  of  punishment  of  child  by 
parent  or  one  in  loco  parentis  as 
question  for  jury.     5-117. 

Eemedy  of  child  for  excessive  punishment 
by  parent.     1-131. 

School-teacher's  right  to  inflict  corporal 
punishment  upon  pupil.     12-353. 


WHITE  SLAVE  TRAFFIC 
ACT. 

Construction    of   federal    act.     1913E-913; 
1917B-1177. 

State     legislation     as     affected     by    act. 
1915D-1020;   1917E-786. 

Validity  of  act.     1913E-909. 


WHOLESALE  DEALERS. 

Food,  liability  of  wholesaler  to  retailer 
for  breach  of  implied  warranty  on 
sale.     1913B-1116;    19150-145. 

Hawker  and  peddler  license  regulations  as 
applicable    to.     1912D-1294. 


WHOLLY  DUE. 

Legal  meaning  of  term.     1918£'-792. 


920    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  ;1918E. 


WIDOWS. 

See  Descent  and  Distribution;  Dower. 

Assignment  of  mortgage,  right  on  paying 
indebtedness.     1914B-570. 

Attachment  lien  not  perfected  by  judg- 
ment during  husband's  lifetime  as 
prior  to  widow's  share  in  estate. 
1913A-343. 

Contest  of  will  of  deceased  husband,  right 
of  widow.     11-1015. 

Equitable  election  by  widow  to  take  un- 
der will  as  affecting  her  right  to  in- 
testate property.     1918B-986. 

— renunciation  of  will  by  widow,  effect 
on  rights  of  other  legatees  or  devi- 
sees.    1913E-416. 

— right  of  election  under  will  as  affected 
by  widow's  qualifying  and  acting  as 
executrix,     4-1037. 

"Heirs  at  law  "  "heirs,"  or  the  like  in  will 
as  including  widow.     1915D-1178. 

Homestead,  necessity  of  selection  where 
property  is  not  in  excess  of  exemption. 
1913C-1283. 

Inheritance  tax,  allowance  for  widow's 
support  or  dower  as  subject  to  succes- 
sion tax.     1913A-167. 

Mechanic's  lien,  widow  of  owner  of  prem- 
ises as  necessary  or  proper  party 
to  foreclosure   action.     1918B-14. 

Testamentary  gift  to  "widow,"  construc- 
tion.    1912A-932. 

Widow's  allowance,  right  thereto  as  af- 
fected by  voluntary  separation.  1916C- 
866. 

WIFE. 

Bequest  or  devise   to   "wife"  of  testator, 

construction.     12-756. 
Gift  in  will  to  wife  of  designated  person 

other      than      testator,      construction. 

1912A-932. 


WILD  ANIMALS. 

Liability    for    injuries    by    wild    animals. 

14-61;    1914A-764. 
Property  in  wild  animal,  right  of.    1917B- 

949. 


WILFULLY. 

Meaning  of  term  in  federal  twenty-eight 
hour  law.     21-825. 


WILFUL  MISCONDUCT. 

Public    official,    what    constitutes    "wilful 
misconduct."     1912C-1083. 


WILFUL  WRONGS. 

Bankruptcy  discharge  as  affecting  judg- 
ment for  wilful  injuries  to  person  or 
property.  3-169;  12-1011;  1917A- 
212. 

Contributory  negligence  as  defense  to 
action  for  wilful  wrong.     1912A-493. 


WILLS.      . 

1.  In  Greneral. 

2.  Contracts  Respecting  WUls. 

3.  Capacity  to  Make  Will. 

4.  Nature  and  Form  of  Instrument. 

5.  Execution  of  Will. 

6.  Undue  Influence,  Fraud  or  Mistake. 

7.  Revocation  and  RevivaL 

8.  Probate  of  Will. 

9.  Contest  of  Will. 

10.  Construction   and  Validity   of   Provi- 

sions. 
I        A.  Geneeallt. 

B.  Persons  Entitm:d  to  Gifts. 

C.  Particitlab   Terms. 

D.  Estate  or  Interest  Transferred. 

E.  Conditional  Gifts. 

11.  Rights  and  Duties  of  Beneficiaries. 

A.  GeneraIaLY. 

B.  General  or  Specific  Gnrra, 

C.  Lapse. 

D.  Election. 

12.  Lost  Wms. 

See  Annuities;  Charities;  Descent  and 
Distribution;  Executors  and  Admin- 
istrators; Perpetuities;  Trusts  and 
Trustees. 

1.    In  GreneraL 

Benefit  society,  right  of  member  to  desig- 
nate new  beneficiary  by  will.  1913B- 
1286. 

Body  of  testator,  right  of  testamentary 
disposition.     3-135. 


WILLS. 


921 


WILLS — Continued. 

Collateral  attack  on  decree  granting  let- 
ters testamentary  or  of  administration. 
4-1117;    1912A-983. 

Custody  of  child,  right  of  mother  to  make 
testamentary  disposition  of  child.  7- 
450. 

Defamatory  words,  effect  in  will.  1914C- 
8S9. 

Foreign  corporations,  right  to  acquire  and 
hold  real  estate  by  devise.     6-735. 

Guardian  for  child,  testamentary  appoint- 
ment of  guardian  as  constituting  will. 
1-368. 

Inheritance  tax,  money  paid  in  compro- 
mise of  will  contest  as  subject  to 
succession  tax.     6-572. 

Interest  on  general  pecuniary  legacies, 
time  from  which  they  draw  interest 
in  absence  of  governing  provision  in 
will.     6-525;    19iaB-244;    1915G-1170. 

Intestacy,  presumption  that  person  shown 
to  be  dead  dies  intestate.     21-231. 

Partition  by  tenant  in  common,  testa- 
mentary restriction  against.  1916D- 
1270. 

Public  lands,  right  of  devisee  where  home- 
steader died  before  perfection  of 
title.     1912C-699. 

Bight  to  take  property  by  will  as  natural 
right  protected  by  constitution. 
1918A-939. 

Shelley's  Case,  application  of  rule  to  per- 
sonal property.     12-839. 

— jurisdiction  wherein  rule  is  recognized, 
modified  or  abolished.     4-31. 

— limitation  over,  effect  on  operation  of 
rule.     3-397. 

Testamentary  trustee,  what  constitutes 
renunciation  of  trust.  20-841;  1918D- 
459. 

Witnesses,  communications  between  attor- 
ney and  testator  in  regard  to  testa- 
mentary matters  as  privileged.  14- 
601;  i912A-839;  1913  A-26;  1916C- 
1073. 

— ^witnessing  execution  of  will  as  trans- 
action with  decedent  within  rule  ex- 
cluding  testimony.     1913A-939. 


2.    Contracts  Respecting  Wills. 

Contract    not    to    change    will,    validity. 
1916D-1160. 


WILLS — Continued. 

Measure  of  damages  for  breach  of  contract 
to  make  will.     1918A-854. 

Oral  agreement  to  devise  land,  validity. 
5^95;    20-1137;    1915A-463. 

Prevention  of  making  will  by  oral  prom- 
ise of  heir  or  distributee,  liability  ex 
maleficio.     2-556. 

Services  performed  in  consideration  of 
oral  agreement  to  compensate  by  will, 
running  of  statute  of  limitations 
against    action.     1918A-912. 

— remedy  of  person  performing  services 
under  void  contract  for  devise. 
1913A-288. 

Specific  performance  of  contract  to  make 
will.     1914A-399. 


8.    Capacity  to  Make  WllL 

Generally. 

Belief  in  spiritualism  as  impairment  of 
testamentary  capacity.  10-617;  1914C- 
1049. 

Blind  person,  validity  of  will  made  by 
him.     1916r)-792. 

Infants,  capacity  to  dispose  of  property 
by  will.     1912A-621. 

Insane  delusion  with  respect  to  relative 
as  affecting  testamentary  capacity. 
1916C-4,  29,   33,   35;    1918D-471. 

Marriage  capacity  and  testamentary  capa- 
city contrasted.     19136-1239. 

Eeligious  belief  other  than  in  spiritualism 
as  affecting  testamentary  capacity. 
1915D-573. 

Testamentary  capacity  and  contractual 
capacity    contrasted.     1915A-362. 

Time  to  which  inquiry  as  to  testamentary 
capacity,  should  be  limited.     18-905. 

Evidence. 

Adjudication  of  incompetency  made  sub- 
sequent to  execution  of  will,  admissi- 
bility on  issue  of  testamentary  capa- 
city.    1915B-10O9. 

Comparative  weight  of  testimony  by  phy- 
sician and  layman  on  question  of  tes- 
tamentary   capacity.     1914D-343. 

Coroner's  verdict  as  admissible  on  issue 
of  testamentary  capacity.     1917B-899. 


922    INDE;K  to  the  notes,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


WILLS — Continued. 

Declaration  of  legatee  or  devisee,  admis- 
sibility as  to  mental  capacity  of  tes- 
tator.    9-807;   1918A-1066. 

Husband  or  wife,  competency  of  testi- 
mony of  one  spouse  as  to  testa- 
mentary capacity  of  other  spouse. 
1916A-1060. 

Insanity  of  testator,  admissibility  on  is- 
sue of  evidence  of  iusanity  of  ances- 
tors or  kindred.     6-29;   7-267. 

— presumption  as  to  continuance  of  per- 
manent insanity.     4-491. 

Mistake  of  testator  as  to  extent  of  his 
property  as  evidence  of  want  of  tes- 
tamentary capacity.     I914A— 478. 

Physician  who  attended  testator  before 
death,  right  to  testify  as  to  his  men- 
tal condition.  1912B-1039;  1918A- 
1050. 

Suicide  of  testator  as  evidence  of  testa- 
mentary incapacity.     1912A-46. 

Unnatural  or  unjust  disposition  of  prop- 
erty as  evidence  of  testamentary  in- 
capacity.    13-1044;  1917E-130. 

4.    Nature  and  Form  of  Instrument. 

Codicils,  incorporation  into  will  of  instru- 
ments by  reference  in  codicils.  1-396. 

— ^physical  attachment  to  will  as  neces- 
sary to  effectiveness  of  codicil.  14- 
472. 

— 'reference  by  testator  to  Ms  will  as  in- 
cluding codicil.  .  8-429. 

Contingent    or    conditional   wills.     8-1150. 

Detached  sheets  of  paper,  validity  of  will 
made    on.     1915A-1208. 

Dispositive,  when  wiU  is.     1914A-107. 

Holographic  will  not  wholly  in  handwrit- 
ing  of  testator.     1-373;   20-369. 

— necessity  of  signature  at  end  of  holo- 
graphic will.     1918B-230. 

— rule  that  will  must  be  found  among 
"valuable   papers."     5-636. 

— sufficiency    of    attestation.     1913B-1305. 

Incorporation  of  documents  by  reference, 
doctrine  of.  1-395;  9-105;  1915  A- 
875. 

Instrument  not  testamentary  on  its  face, 
admissibility  of  evidence  to  show  it 
was  intended  to  take  effect  upon 
death  of  maker.     12-287;   1914A-89. 


WILLS — Continued. 

Nuncupative  wills,  attempt  to  make 
formal  will  as  constituting  nuncupa- 
tive will.     1917D-608. 

—property  which  may  pass  under  nuncu- 
pative will.     1912C-646. 

— rogatio  testium  to  establish  proof  of 
nuncupative  will,  necessity  and  suffi- 
ciency of.     10-1132. 

— statutory  restrictions  as  to  time  of 
making  nuncupative  will.  3-317;  14- 
1164. 

Paper  testamentary  on  face,  admissibility 
of  evidence  to  prove  not  intended  as 
will.     18-897;    1914A-98. 

Several  testamentary  instruments  par- 
tially inconsistent,  construction  to- 
gether as  one  will.  18-284;  1917E- 
781. 

Soldiers  or  seamen,  wills  of.     1916A-483. 

Will  making  no  disposition  of  prop- 
erty, validity.    1-368. 


5.    Execution  of  Will.    ' 

Generally. 

Conclusiveness  of  testimony  of  subscrib- 
ing witnesses  with  respect  to  execu- 
tion of  will.     1916D-1104. 

Conflict  of  laws,  law  governing  execution 
of  will  of  personalty.     9-44. 

Law  in  force  at  time  of  testator's  death 
or  at  time  of  execution  of  will  as 
governing  its   execution.     13-1154. 

Lex  situs  as  controlling  execution  of  will 
of  realty.     2-591;  3-863. 

Statute  passed  after  death  of  testator  as 
affecting  validity  of  wiU.  1912D- 
348. 

Sunday  execution  of  will  as  within  prohi- 
bition against  "labor"  or  "labor  or 
work."     1913D-798. 

Testamentary  disposition,  requisites  to  va- 
lidity.    1-51. 

Testator  unable  to  read,  necessity  of 
affirmative  proof  of  knowledge  of 
contents.     14-876. 


'Attestation  and  Subscription. 

"Attestation"  when  used  with  reference 
to  will  as  including  "subscription." 
16-1091. 


WILLS. 


923 


"WILLS — Continued. 

Competency  of  witnesses,  executor  as  at- 
testing witness.     15-789. 
-husband   or   wife   of   beneficiary   as   at- 
testing witness.     1917A-833,  836,  838. 

— ofB^cer  or  other  person  interested  in 
charitable  institution  receiving  ben- 
efit u  iJer  will,  competency  as  attest- 
ing witness.     15-794, 

— 'time  as  of  which  competency  of  witness 
to  will  is  to  be  determined.     15-889. 

"Credible,"  meaning  as  applied  to  witness 
to  will.     18-1091. 

Holographic    will,    necessity    of    signature 

at  end.     19183-230. 
— sufficiency    of    attestation.     1913B-1305, 

Manner  of  signing,  sufficiency  of  signa- 
ture of  testator  with  respect  to.  18- 
769;   1917B-874;   1918E-1040. 

Necessity  that  witness  should  have  known 
testator  previously  to  subscription. 
17-686. 

Order  of  subscription  to  will  as  between 
testator,  and  witnesses.  5-463;  20- 
13€7;  1915B-956. 

"Presence"  of  testator,  what  constitutes 
subscription  by  witness  in  presence 
of   testator.     6-414. 

"Residence"  as  synonymous  with  "domi- 
cile" in  statute  relating  to  witness  to 
will.     1915C-792. 

Signature    of    testator    "at    end"    of    will. 

2-730;   11-1013;   1913C-845. 
■ — necessity  that  testator  sign  "at  end"  in 
■  absence  of  statute.     1916E-140. 

Sufficiency  of  subscription  to  will  by  wit- 
ness.    4-637. 


6.    Undue    Influence,    Fraud    or    Mistake. 

Character  or  reputation  of  devisees  as  ad- 
missible in  evidence  on  issue  of  un- 
due influence.     8-1138. 

Declarations  as  evidence  of  undue  influ- 
ence, executor's  as  admissible  on  is- 
sue.    1913A-87. 

— ^legatee's  or  devisee's  declarations,  ad- 
missibility on  issue  of  undue  influ- 
ence.    21-50. 

— testator's  declarations  not  made  at  time 
of  execution  of  will  as  admissible  on 
question  of  undue  influence.  5-608; 
10-600;   1917D-717. 


"WILLS — Continued. 

Equity  jurisdiction  to  set  aside  will  for 
fraud.     18-807. 

Preparation  of  will  by  beneficiary  as  evi- 
dence of  undue  influence.     15—551. 

Presumption  of  undue  influence,  arising 
from  relation  of  man  and  mistress. 
9-783;    1913C-143. 

Reformation  of  will,  jurisdiction  of 
equity.     15-141;   1917D-1157. 

Undue  influence  as  related  to  fraud.  18- 
412. 

Unnatural  or  unreasonable  character  of 
will  as  evidence  of  undue  influence. 
7-894. 


7.    Revocation  and  Revival. 

Admissibility  of  testator's  subsequent 
declarations  on  issue  of  revocation  of 
will.     10-535. 

Birth  of  issue  as  revocation  of  will. 
1913D-1318. 

— ^provision  for  afterborn  child  as  pre- 
venting revocation.     1913D-1328. 

Canceling,  obliterating  or  destroying  par- 
ticular clause,  effect  on  will.  1912D- 
174. 

Codicils,  effect  on  will  of  revocation  of 
codicil.     1915A-102. 

— invalid  or  inoperative  codicil  as  effect- 
ing revocation  of  will.     20-1001. 

Defective  will  subsequently  executed  as 
revocation   of  prior  will.     1912D-235. 

Dependent  relative  revocation,  doctrine 
of.     1-609. 

Divorce  of  testator  as  revocation  of  will. 
3-230;  16-544. 

Erasure  or  obliteration  of  signature  where 
another  signature  is  added  as  revoca- 
tion of  will.     20-218. 

Implied  revocation  by  alienation  of  prop- 
erty, effect  of  revesting  of  estate 
alienated.     16-209. 

Inconsistent  provisions  of  subsequent  will 
as  revocation.     1914A-123. 

Interlineation  or  alteration  by  testator  in 
will.     1915C-74. 

Lease  of  land  specifically  devised  as  con- 
stituting revocation  of  will.  1913B- 
69. 


924    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


■WII*L&— Continued. 

Lost  will,  revocation  of  will,  which  can- 
not be  found,  admissibility  of  decla- 
rations of  testator  upon  issue.  3-960; 
14-2S4;  1914C-909;  1918E-370. 

Manner  of  revocation  other  than  that  pro- 
vided by  statute  as  effective  to  re- 
voke will.     1913D-309. 

Marriage  and  birth  of  issue  as  revoca- 
tion of  will.     7-786. 

— effect  on  will  of  marriage  of  testator 
without    resulting    issue.     1917A-203. 

— extent  to  which  widow's  interest  is  af- 
fected by  statutory  revocation  of 
will  by  testator's  subsequent  mar- 
riage.    5-795. 

— testator's  marriage  as  revocation  of  will 
under  statute  making  wife  heir  of 
husband.     17-1142. 

— ^woman  testatrix,  revocation  of  will  by 
subsequent  marriage.  1913A-218; 
1916A-365;  1917C-1039. 

Mutilation  as  ground  for  revocation.  1- 
25. 

Parol  evidence  in  aid  of  construction. 
1915B-8;  1916A-415;  1917E-410; 
1918C-936. 

Partial  revocation  of  will.     1913D-313. 

Particular  estate  or  interest,  revocation  of 
testamentary  gift  as  revocation  of  re- 
mainder or  limitation  over.     5-789. 

Presumption  of  revocation  from  destruc- 
tion of  one  copy  of  will  executed  in 
duplicate.     1912A-273,-    1918E-229. 

Proof  of  contents  of  subsequent  will, 
necessity  in  order  that  it  may  revoke 
prior  will.     1914D-130. 

Bevival  of  wills,  codicil  as  reviving  will. 

1-671;  1917I>-1175. 
— destruction  of  revoking  will  as  working 

revival.     4-313;     13-245;     1913E-120; 

1916&-718. 
— will   revoked   by    marriage,   revival    of. 

1917D-1175. 

Sale  of  real  property  specifically  devised 
as  revocation  of  devise.     1913B-56. 


8.    Probate    of    Will. 

Admission  of  will  to  probate  without  first 
obtaining,  by  direct  proceeding,  an- 
nulment of  letters  already  granted. 
9-962. 


"WIULS — Continued. 

Ancillary    probate     of    will     of    resident 

which     has     been     probated     abroad. 

7-313. 
— conclusiveness    in    domestic    courts    of 

foreign    will    dulv    probated    abroad. 

9-422;  14-977;  19i&A-614. 

Annulment  or  establishment  of  will  before 
death  of  testator,  right  of.  1918A- 
738. 

Appeal  from  decree  revoking  probate, 
necessity  that  personal  representative 
give  bond  on  appeal.     20-416. 

— judgments  or  orders  appealable  in  pro- 
bate and  contest  matters.     1913C-851. 

— power  of  executor  or  administrator  with 
will  annexed  to  appeal  from  judgment 
refusing  probate.     1917C-1079. 

Costs  and  counsel  fees,  allowance  to  un- 
successful party  in  action  to  construe 
will.     1915C-714. 

Death  or  absence  of  one  or  more  wit- 
nesses, probate  of  will  in  case  of. 
1914C-902. 

Declarations  of  deceased  witness,  admis- 
sibility on  issue  of  genuineness  of 
will.     19-1009. 

Dispensing  with  probate,  validity  amd  en- 
forceability of  agreement  by  parties 
interested  to  dispense  with  probate 
of   will.     15-742;    1918E-1218. 

Dying  declaration,  admissibility  in  will 
contest.     6-69. 

Estoppel  to  seek  probate  of  will.  1918A- 
12  OO. 

Fees,  validity  of  statute  fixing  probate 
fees.     1916C-213. 

Foreign  will,  necessity  of  probate  in  do- 
mestic state.    9^23. 

Joint  and  mutual,  validity  and  probate. 
2-26;    17-1006;    1915A-364. 

Jury  trial,  right  to  jury  trial  of  will  con- 
test.    15-211;     1914B-557. 

Limitation  against  probate,  applicability 
of  general  statute  of  limitations.  2- 
773. 

Lost  or  destroyed  record  of  probate,  parol 
proof  of  contents  of.     1916D-254. 

Notice  of  probate,  persons  entitled  to  no- 
tice.    1914B-427. 

Partial  probate,  lost  will,  admission  to 
probate  of  part  only.     18-630. 


WILLS. 


925 


"WILLS — Continued. 

— rejection  of  part  of  instrument  and  ad- 
mission of  remainder,  power  of  pro- 
bate court.     18-388. 

Presumption  of  regularity  of  probate  aris- 
ing from  lapse  of  time.     1913A-1038. 

Publication  of  will,  memory  of  witness  of 
oral  statements  of  testator  as  affect- 
ing weight   of  testimony,     18-1198. 

Refusal  of  probate,  conclusiveness  of  de- 
cree of  probate  or  surrogate's  court. 
15-68. 

Several  wills  of  same  date  or  one  or  more 
undated,  admission  to  probate. 
1918A-780. 

Subscribing  witness,  effect  of  failure  to 
remember  transaction.  11-428;  1918E^- 
1040. 

Unprobated  will,  admissibility  to  prove 
title  to  property,     1916A-887. 

Unsuccessful  attempt  to  sustain  will,  right 
of  testamentary  executor  to  recover 
from  estate  money  expended  therefor. 
18-741;    1918D-166. 

Witnesses,  statute  prohibiting  witness 
from  testifying  to  transactions  with 
decedent  as  applicable  to  probate 
proceedings.     1914A-982. 

9.    Contest  of  Will. 

Abatement  of  right  of  action  to  contest 
will  by  death  of  contestant.  1913E- 
128. 

Acceptance  of  benefit  under  will  as  af- 
fecting right  to  attack  its  validity. 
3-525, 

Administrator,  guardian  or  the  like, 
power  or  duty  to  contes-t  will. 
1918B-536. 

Agreement  to  contest  will,  validity  of 
agreement.     15-300. 

Burden  of  proof  in  contest  instituted 
after  probate,     1914C-535, 

Compromise  of  controversy  over  will, 
necessary  parties.     1913B-615. 

Contract  to  refrain  from  contesting  will, 
validity.     15-303;   1914D-ol2, 

Dismissal  of  contest,  right  of  plaintiff  to 
dismiss  will  contest  voluntarily. 
1914B-532, 

Estoppel  of  beneficiary  to  contest  will  by 
accepting   benefit    thereunder,    where 


"WILLS— Continued.  ' 

property     is     subsequently     returned. 
1913E-1182. 

Foreign    will,    contest   after   probate.     9- 

424. 

Judgment   creditor   of  heir   as   interested 
person  to  contest  of  will.     14-334. 

Jury  trial,  right  to  jury  trial  of  will  con- 
test,    15-211;    1914B-557. 

Legatee  or  devisee   merely,  right  to  con- 
test will,     1917C-905. 

Limitation  on  right  of  contest,  exceptions 
1-644. 

State's  right  to  contest  will.     14-959. 

Widow   of  decedent,  right  to   contest  his 
will.     11-1015. 


10.    Oonstruction  and  Validity  of  Provi- 
sions. 

A.    Generally. 
Disinheritance,  mere  negative  or  prohibi- 
tive words  as  sufficient  to  disinherit 
heir.     1912D-1146. 

Executors,  devise  or  bequest  to  executor 
as  provision  for  his  compensation  for 
services  as  such.     1913D-993. 

—implied  power  of  executor  to  sell  real 
estate  of  testator.  1916D-410,  448, 
449,  451. 

Foreign  charity,  law  governing  validity 
and  administration  of  testamentary 
gift  to.     20-866, 

Implied  devise  or  bequest  from  recital  in 
will.     1917D-431. 

Inheritance  tax,  construction  of  provision 
in  will  as  to  payment  of  succession 
taxes,     20-1360. 

Instrument  in  form  of  deed  to  become 
effective  upon  death  of  grantor,  con- 
struction.    7-790. 

Intention  of  testator,  testimony  of  scrivr 
ener  as  admissible  to  show.  1913A- 
1017. 

Introductory  clause  of  will  as  aid  to  con- 
struction.    1912B-343. 

Invalid  clause,  effect  upon  clauses  other- 
wise valid,     3-950;   18-473, 

Jurisdiction    of    equity   to    construe   wills. 

13-2. 
— probate   courts,  jurisdiction  to  construe 

wills.     5-473. 


926    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


WILItS — Continued. 

Eule  that  wills  are  to  be  more  liberally 
construed  than   deeds.     1913EM286. 

Statute  passed  after  execution  of  will, 
effect  on  construction  of  will. 
1913A-1290. 

Tomb,  monument,  burial  lot  or  cemetery, 
validity  of  bequest  for  purchase  or 
care  of.     15-606. 

Trusts,  implied  trust  as  arising  from  tes- 
tamentary gift  secured  by  promise  of 
donee  to  hold  for  benefit  of  another. 
21-1384. 

— validity  of  testamentary  trust  whose- 
purpose  is  defined  only  in  oral  in- 
structions given  by  testator.  1912A- 
834;    1916A-378. 

Videlicet,  office  of.     1913A-493. 

Words  repeated  in  will,  construction. 
1914B-64. 

B.    Persons  Entitled  to  Gnrrs. 

Appointment  or  acknowledgment  of  person 
as  testator's  heir,  construction  of 
provision  in  will.     1915B-239. 

Benefit  society,  right  to  take  under  will, 
1914A-596. 

Bequest  to  class  as  including  persons  dead 
before  making  of  will.  5-243;  1918D- 
953. 

— class  inaccurately  enumerated,  construc- 
tion of  gift  in  will.     15-45. 

— what  constitutes  gift  to   class.     21-415. 

Charitable  bequests.     See  Charities. 

Child  en  ventre  sa  mere,  when  gift  to 
children  and  the  like  includes  child 
en  ventre  sa  mere.  7-134;  12-200; 
1916E-1034. 

Church,  devise  or  bequest  to  church  as 
charitable  use.  4-1139;  9-1202;  1914D- 
451. 

County,  power  to  take  devise  of  realty. 
1914A-1192. 

Omission  of  child  from  will,  admissibility 
of  parol  evidence  to  show  whether 
intentional  omission.  8-637;  1916A- 
718. 

Per  capita  or  per  stirpes  division,  bequest 
to  be  divided  equally  among  persons 
standing  in  different  relationships  to 
testator.     1916C-411. 

Putative  wife,  legacy  or  devise  to  wife  as 
applicable.     1913A-245. 


WILLS — Continued. 

Survivorship  in  common  disaster,  validity 

of     provision     in     will     relating     to. 

1918r)-842. 


O.    Pabticulab  Terms. 

'AH,"  meaning  as  used  in  connection 
with  "rest,"  "residue"  or  "remainder." 
1917E-75. 


and  vice  versa. 


term     in     will. 


"And"  construed  as  "or," 
19-922;   1917C-306, 

"Assigns,"     meaning     of 
1913B-741. 

"Blood  relations"  or  "blood  relationship," 
construction  of  terms.     5-511. 

"Brother"  and  "sister"  as  including  half- 
brother  end  half-sister.     9-140. 

"Carriages,"  bequest  as  including  motor 
cars.     1913B-757. 

"Cash"  or  "money"  as  including  real  prop- 
erty, when  used  in  -will.     20-1288. 

"Child"  in  will  as  including  illegitimate 
child.     191SB-261. 

"Children,"  designation  as  beneficiaries  as 
including  adopted  child.     18-518. 

"Contents"  or  similar  expression,  meaning 
as  used  in  will  in  connection  with 
property  bequeathed  or  devised. 
1916C-1139. 

"Desire,"  meaning  as  used  in  wUl.  1917B- 
503,  518. 

"Each,"  meaning  as  used  in  will.  1914D- 
247. 

"Effects,"  when  testamentary  gift  of 
"effects"  will  be  construed  to  include 
real  property.     7-128. 

"Estate,"  when  testamentary  gift  of  "es- 
tate" restricted  to  personalty.     3-420. 

"Etc.,"  legal  meaning"  as  used  in  will. 
1912C-174. 

"Family"  as  including  grandchild.  1913B- 
460. 

"Heirs"  construed  to  mean  children. 
1914B-70. 

"Heirs  at  law,"  "heirs,"  or  the  like  as  in- 
cluding widow.     1915D-1178. 

"House"  in  will  as  including  land.     1914B- 

1240. 
"If."     meaning    in    construction    of    will. 

1913B-730. 
"Issue"  as  including  adopted  child.     1912A- 

327. 


:WILLS. 


927 


WIKLS— Continued. 

— illegitimacy,  construction  of  terms  "is- 
sue" and  "lawful  issue"  with  respect 
to.     5-936. 

"Lawful  heirs,"  meaning  of  term.  1917C- 
1156. 

"Monument"  directed  to  he  erected  for 
testator  or  other  person,  meaning  of 
term.     19-1158. 

"Nearest  blood  relation,"  meaning  of 
phrase  in  will  designating  legatee  or 
devisee.     1915A-476. 

"Nearest  family,"  meaning  in  will  desig- 
nating legatee  or  devisee.  1915A- 
476. 

"Nearest  male  heir"  or  similar  phrase 
designating  legatee  or  devisee,  mean- 
ing.    1915A-474. 

"Nearest  of  kin,"  meaning  in  will  designat- 
ing legatee  or  devisee.     1915A-475. 

"Nearest  relative,"  meaning  in  will  desig- 
nating legatee  or  devisee.     1915A-475. 

"Necessary"  as  used  in  will,  meaning  of 
term.     1918D-1162. 

"Niece"  or  "nephew"  as  including  grand- 
niece   or   grandnephew.     1913E-589. 

"Person"  as  including  private  corporation. 
20-748;  1914A-1310. 

"Personal  property"  in  will  as  including 
money.     1913D-857. 

"Premises,"  what  is  included  in  term  with 
respect  to  land.     1916C-11-94. 

"Profits,"  legal  meaning  of  word  in  will. 
20-686. 

"Pro  rate"  or  "pro  rata,"  meaning  as  used 
in  will.     1918C-791, 

"Provided,"  meaning  of  term  as  used  in 
will.     1912C-1089. 

"Eeal  estate,"  'Hand,"  etc.,  gift  as  includ- 
ing leasehold.     20-1089. 

"Ecquire,"  legal  meaning  of  word.  1912A- 
1234. 

"Eesidenee"  as  synonymous  with  "dom- 
icile" as  used  with  respect  to  probate 
or  attestation  of  wills.  1915C-787, 
792. 

"Eight  heirs,"  construction  of  phrase  as 
used  in  will.     16-298. 

"Servants,"  who  entitled  to  share  in  be- 
quests to  servants.     2-866;  1912A-486. 

"Share."  meaning  as  used  in  will.  1915B— 
574. 


"WILLS— Continued. 

"Similar,"  meaning  of  word  in  will.  18- 
793. 

"Surface,"  meaning  of  word  in  devise  of 
land.     1913D-127. 

"Survivor,"  when  will  be  construed  to 
mean  "other."     4-581. 

"Then,"  meaning  as  denoting  time  or  event. 
1913B-321. 

"Widow"  or  "wife"  of  designated  person 
other  than  testator,  construction  of 
gift  to.     1912A-932. 

"Wife"  of  testator,  construction  of  be- 
quest  or   devise  to.     12-756. 


D.    Estate  or  Interest  Transferred. 

After-acquired  realty,  when  passes.  18- 
167. 

Contract  for  sale  of  realty,  descendible  and 
devisable  quality  of  interest  of  ven- 
dee.    1912B-39. 

Cotenancy,  nature  of  estate  resulting  from 
creation.     1917B-57. 

Cutting  down  clear  devise  or  bequest,  by 
clauses  or  expressions  of  doubtful  im- 
port.    3-615;  10-176;  11-470. 

Dollar-mark  or  other  designation  indicat- 
ing money,  effect  of  omission.  1915C- 
336. 

Equitable  right  of  grantor  to  reconveyance 
of  land,  devisabiUty.     1912B-39. 

Homestead,  right  to  make  testamentary 
disposition.     21-248;    1914B-271. 

Joint  tenancy,  devise  to  persons  "jointly" 
as  creating  joint  tenancy.     1914B-233. 

Land  contracted  to  be  sold,  estate  taken 
by  devisee.     9-34. 

Law  governing  construction  of  will  of 
realty.     11-498;    18-578. 

Mortmain  statute,  gift  in  violation  as  void 
or  voidable.     10-1030. 

Rents,  profits,  income,  etc.,  of  land,  estate 
passing  by  devise  of.     9-247. 

Eesiduary  legatee,  bequest  to  as  including 
realty.     14-795. 

Spendthrift  trust,  sufficiency  of  testament 
to  create.     3-1010;  18-495. 

— validity  where  testator  is  beneficiary. 
19-273. 


928    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


Wilis — 'Continued. 

Remainders  and  Limdtations. 
Acceleration  of  remainders.     1914A-856. 
— widow's  renunciation   of  life  estate,  as 

affecting    acceleration  of      remainder. 

1915A-1227. 

Contingent  remainder  as  interest  in  land 
subject  to  devise.     1918B-851. 

Cross-remainders  by  implication  in  will. 
1916B-713. 

Devise  over  limited  upon  indefinite  failure 
of  issue,  validity.     6-648. 

Gift  over,  effect  upon  estate  taken  under 
will.     1-882;  11-345. 

Xiimitation  over  in  case  of  marriage,  estate 
conveyed  by  devise.     1915B-1238. 

Bemainder  given  to  children  as  a  class, 
right  of  representative  of  predeceased 
child  to  share.     2-645;  1917B-1245. 

Survivorship,  time  to  which  words  of  sur- 
vivorship refer  in  devise  or  bequest  of 
remainder   after   life    estate.     14-706. 

Vested  or  contingent  remainder  as  arising 
by  gift  over  to  heirs  of  testator. 
1917A-859,  871;  1918D-983. 


Power  of  Disposition. 

Devise  over  after  life  estate  with  power  of 
disposition,  validity  and  effect.      7-953. 

Execution  of  power,  general  devise  or  be- 
quest not  referring  thereto  as  execu- 
tion of  power  to  dispose  of  property. 
16-203;   1914D-586. 

Interest  given  by  bequest  of  personalty 
with  unlimited  power  of  disposition. 
17-480. 

Iiife  estate  devised  with  absolute  power  of 
disposition,  estate  created  thereby. 
9-947;  1912B-424;  1916B-i75;  1916D- 
400. 

Power  of  appointment  to  be  exercised  by 
will,  how  may  be  done.     1918E-1161. 


B.    Conditional  Gifts. 

Conditional  estate,  words  merely  declara- 
torv  of  purpose  of  devise  as  creating. 
3-38;  12-227;  1916B-606. 

Divorce  or*  separation,  validity  of  legacy 
or  devise  conditioned  on  recipient  ob- 
taining divorce  or  separating  from 
spouse.     1917B-167. 


WILLS — ^Continued. 

Forfeiture  of  gift  in  ease  of  contest,  va- 
lidity of  condition  in  will.  17-997; 
1913E-1298;   1918E-1094. 

Impossibility  of  performance  of  condition, 
effect  of  event  rendering  conditional 
devise  or  bequest  impossible  of  per- 
formance.    17-433. 

Marriage,  validity  of  testamentary  disposi- 
tion in  restraint.  5-138;  9-1143; 
1918B-1141. 

Military  or  naval  service,  validity  of  con- 
dition attached  to  legacy  or  devise 
against  entering.     13-354. 

Eeligion,  renunciation  or  embracing  of  par- 
ticular religious  belief,  validity  of 
legacy  or  devise  conditioned  on.  7- 
656. 
—subversion  of  religion,  validity  of  testa- 
mentary disposition.  1917B-1024; 
1917D-788. 

Eestraint  on  alienation,  validity  of  partial 
or  limited  restraint.  7-319;  19120- 
1329. 


11.    Elglits  and   Duties   of   Beneficiaries. 
A.    Geneeallt. 

Abatement  of  legacy  accepted  by  widow  in 
lieu  of  dower.     2-976. 

— ^legacy  given  in  satisfaction  of  debt.  10- 
.     158. 

— renunciation  of  will  by  widow,  abate- 
ment of  legacies  and  devises.  1913E- 
416. 

Accumulated  income  not  expressly  dis- 
posed of,  right  to.     1914B-86. 

Ademption  of  specific  legacy  by  change  in 
character  of  property  bequeathed.  8- 
144;  1915B-1135. 

—presumption  that  subsequent  benefit  to 
legatee  to  whom  testator  does  not 
stand  in  loco  parentis  is  ademption  or 
satisfaction  of  legacy.     15-248. 

Advancement,  statement  in  will  as  evi- 
dence of  advancement.     1915A-930. 

Death  of  beneficiary,  right  to  succession  of 
fund  in  hands  of  executor  or  trustee 
under  will  giving  latter  discretion  in 
paying  fund  to  beneficiary.  1912D- 
1177. 

Debt  to  creditor,  satisfaction  by  legacy  to 
creditor  not  payable  at  same  time  as 
debt.     4-458. 

Demonstrative  legacies.    4:-162. 


WILLS. 


929 


WIIiLS— Continued. 

Equitable  conversion,  devise  directing  sale 
of  land  at  future  time,  when  equitable 
conversion  takes  place.  17-643; 
191oD-434. 

Estoppel  by  acceptance  of  benefit,  under 
will  disposing  of  beneficiary's  property 
as  that  of  testator.     9-956;  21-556. 

Encumbrance  on  land  devis'ed,  right  of  dev- 
isee to  have  it  discharged  out  of  per- 
sonalty to  disappointment  of  legatee. 
8-592. 

Insurance  money  on  specifically  be- 
queathed property  destroyed  before 
delivery,  right  to.     1914A-320. 

Interest,  time  from  which  general  pecu- 
niary legacies  draw  interest  in  ab- 
sence of  governing  provision  in  will. 
6-525;  1912B-244;  1915C-1170. 

Money  bequest  for  life,  right  of  life  tenant 
to  possession  of  principal  sum.     6-7S7. 

Mortgages,  right  of  devisee  paying  in- 
debtedness to  have  assignment  of 
mortgage.     1914B-571. 

Refusal  of  devisee  to  accept  devise  of 
realty,  effect.     1916D-1199. 

Services  rendered  decedent,  right  of  re- 
covery where  attempt  in  will  to  make 
payment  fails.     1913A-480. 

B.    General  or  Specific  Gifts. 

Enumeration  of  property  in  residuary 
clause  as  making  legacy  or  devise  spe- 
cific.    11-765;    1913D-1044. 

Insurance  money,  bequest  thereof  as  spe- 
cific legacy.     10-1137. 

Proceeds  of  sale  of  realty  or  personalty, 
gift  as  general  or  specific  legacy. 
19130-546;    1915B-1135. 

Real  estate  devise  as  specific  or  general. 
1914D-32. 

Stocks,  bonds  or  securities,  distinction  be- 
tween general  and  specific  legacies 
thereof.     10-490;   19-1187. 

C.    Lapsb. 

"Child"  in  statute  avoiding  lapsing  of  leg- 
acies as  including  illegitimate  child. 
1918B-254. 

Death  of  beneficiary,  effect  of  death  of 
legatee  before  payment  of  legacy 
given  in  payment  of  debt.     4-73. 

— lapse  of  legacy  or  devise  by  death  of 
beneficiary  after  testators's  death  but 
Index  to  Notes — 59 


■Wm>S— Continued. 

before  legacy  or  devise  becomes  pay- 
able.    1913B-81. 

Devolution  of  lapsed  or  void  legacy  or  de- 
vise where  donee  is  also  residuary 
legatee    or    devisee.     1914C-812. 

— distinction  between  lapsed  legacy  and 
lapsed  devise  with  respect  to  devolu- 
tion.    1914D-719. 

Primary  liability  of  lapsed  legacy  or  de- 
vise to  payment  of  claims  against  es- 
tate.    3-719. 

"Relative"  as  used  in  statute  providing 
against  lapse  of  legacies  or  devises  to 
relatives,  construction  of  word.  10— 
920. 

D.    Election. 

Contribution  between  legatees  or  devisees 
on  renunciation  of  will  by  widow. 
1913R-416. 

Conversion  directed  by  testator,  right  of 
widow  to  benefit  in  electing  to  take 
against  will.     17-160. 

Death  of  widow  within  time  for  making 
election  between  dower  and  other  in- 
terest, effect.     5-82. 

Foreign  jurisdictions,  effect  in  another 
jurisdiction  of  election  made  with  re- 
spect to  will.     1914A-446. 

Husband's  election  to  take  under  wife's 
will,  sufficiency  of  acts  to  constitute. 
1916C-1204. 

— personal  representative  of  husband, 
right  to  exercise  right  of  election  un- 
der wife's  will.  '  1912B-529. 

Intestate  property,  election  by  widow  to 
take  under  will  as  affecting  her  right 
to   intestate    property.     1918B-9S6. 

Manner  in  which  another  shall  exercise 
right  of  equitable  election,  right  to 
control.     10-828. 

Qualification  and  acting  as  executrix  as 
affecting  right  of  widow  to  election 
under  will.     4-1037;   6-336. 

Bights  of  other  legatees  or  devisees  as  af- 
fected by  widow's  renunciation. 
1913E-416;  1915A-1227;  1918C-412. 


12.     Lost  WiUs. 

Declarations  of  testator  alone  as  proof  of 
contents  of  lost  will.     1915B-253. 

Establishment  of  lost  will,  statute  of  limi- 
tations as  applicable  to  action.  1915B- 
631. 


930    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


WILLS — Continued. 

Probate  of  part  only  of  lost  will.     18-630. 

Bevocation  of  will  which  cannot  be  found, 
declarations  of  testator  upon  issue  as 
admissible.  3-960;  14-284,  19140- 
909:  1918E-370. 


WILSON  ACT. 

Shipments  of  liquor  in  interstate  com- 
merce, when  become  subject  to  state 
regulation.         7-1132;  20-669. 


WINDma  UP  CORPORA- 
TIONS. 

Bight  of  minority  stockholder  or  stock- 
holders to  maintain  suit  to  wind  up 
corporation.     15-422;  191SE-124. 


WINDOWS. 

Carrier's  liability  to  passenger  for  injury 
caused  by  fall  of  car  window.  1912B- 
850. 

Opening  partly  opened  window  suflBciently 
to  gain  entrance  as  breaking  and  en- 
try in  burglary.     15-929;    1916C-320. 

Storm  windows,  inside  blinds  and  window 
screens  as  fixtures.    20-470. 


WINES. 

Native  character  of  wine,  burden  of  proof 
in  prosecution  for  illegal  sale.  1913C- 
640. 

Wine-grower,  burden  of  proof  of  sale  as 
wine-grower  in  prosecution  for  illegal 
sale.    1913C-638. 


WINNINGS. 

Setoff  of  prior  winnings  in  action  to  re- 
cover money  lost  at  gaming.  1918C- 
771. 


WIRES. 

Assumption  of  risk,  application  of  doctrine 
to  electric  lineman.     1912B-^68. 

Children,  duty  and  liability  of  one  main- 
taining electric  wires  with  respect  to 


21-1096;     1917A- 


WIBES — Continued. 

children.     10-925; 
895. 

Fall  of  wire  of  public  service  corporation, 
liability  of  municipality  for  injury  re- 
sulting therefrom.     1913E-379. 

Hre  caused  by  wire  transmitting  elec- 
tricity from  lightning,  liability  of  tele- 
phone or  other  electric  company. 
1914B-1031. 

Injuries  resulting  from  wires  charging 
wire  of  other  company  or  person, 
liability  of  electric  company.  16- 
1194;   1918C-916. 

Inside  wiring,  liability  of  electric  light 
company  for  injuries  resulting  from 
condition.     1917A-1175. 

Maintenance  of  wires  in  close  proximity  to 
those  of  another  company,  liability  of 
electric  company  for  injuries  to  em- 
ployees of  other  company.  1918D-4, 
63. 

— power  of  public  service  commission  to 
prevent  maintenance  of  wires  in  close 
proximity.     191SB-847. 

Personalty  or  realty,  wires  of  telegrapli, 
telephone  and  electric  companies, 
as  constituting.     9-1192. 

Private  property,  as  distinguished  from 
highway,  liability  of  one  maintaining 
electric  wires  thereover  for  injuries 
received  by  adult  coming  in  contact 
with    wire.     21-374;    1918C-594. 

Beilroads,  duty  to  guard  wire  used  by 
railroad  to  carry  motive  power.  21- 
750. 

Bevocation  of  right  of  electric  company 
to  maintain  poles  and  wires  in  street. 
1917E-525. 

Stringing  electric  wires  above   ground  as 

negligence.     9-751. 
• — remedy  of  land  owner  for  unauthorized 

stringing  of  wires  above  his  premises. 

9-860. 

Traveler  coming  in  contact  with  live  wire, 
liability  of  one  maintaining  wires  in 
highway  for  injuries.  4^709;  1913D- 
912. 


WISHES. 

Child's  wish  as  consideration  in  determin- 
ing right  to  its  custody  on  habeas 
corpus.     1914A-755. 


WITHDRAWAL  FROM  SETTLEMENT— WITNESSES.  931 


WITHDRAWAL  FROM 
SETTLEMENT. 

Public  lands  as  subject  to  withdrawal 
from  settlement  for  water-power  or 
Bimilar  purpose.     1918C-1008. 

WITH  EXCHANaE. 

Negotiability  of  note  so  payable.     1-385. 

WITH  MEALS. 

Meaning  in  statute  permitting  sale  of 
liquor  on  Sunday  in  hotels.     17-817. 

WITHOUT  PREJUDICE. 

Judgment  or  decree  "without  prejudice," 
effect  as  res  judicata.     1914A-1106. 

WITHOUT  RECOURSE. 

Implied  warranty  arising  out  of  assign- 
ment of  chose  in  action  "without  re- 
course."    1912A-926. 


WITNESSES. 

1.  In  GeneraL 

2.  Attendance. 

3.  Compensation. 

4.  Swearing  Witnesses. 
6.  Competency. 

A.  Generally. 

B.  EiPEKTS. 

C.  Husband  and  Wife. 

D.  Privileged  Communications. 

E.  Tbansactions      With      Persons 

Since  Deceased. 

F.  Particular  Facts. 

6.  Examination. 

A.  Mode  of  Examination. 

B.  Cross-examination. 

0.  Privilege  op  Witnesses. 

7.  Credibility,   Impeachment    and   Corrob- 

oration. 

A.  Credibilitt. 

B.  Impeachment. 

C.  Corroboration. 

8.  Limiting  Number  of  Witnesses. 


WITNESSES— Continued. 

1.    In  GeneraL 

Calling  witness  on  initiative  of  arbitrator, 
judge  or  the  like,  right  of.     lS-163. 

Commitment  of  witness  for  perjury  during 
trial  as  prejudicial  error.     19--423. 

Contempt,  power  of  magistrate  or  justice 
of  peace  to  punish  witness.     9-316. 

Depositions,  competency  of  witness  at  time 
deposition  taken  or  at  time  offered 
in  evidence  as  determining  admis- 
sibility.    1913C-1064. 

— naming  witness  in  notice  of  taking, 
necessity  end  sufficiency.     1918A-950. 

Discovery,  witnesses  as  parties  defendant 
to  bOl.     20-906. 

Divorce  case,  continuance  on  ground  of  ab- 
sence of  witness.     1914B-360. 

Exclusion  of  witness  from  courtroom  dur- 
ing trial,  effect  of  disobedience  of  rule. 
9-368. 

Expert  witnesses,  validity  of  statute  pro- 
viding for  appointment  of  expert  wit- 
nesses by  court  in  criminal  cases. 
1912B-691. 

Eye-witnesses  of  crime,  duty  of  state  to 
call.     16-918. 

Libel  and  slander,  testimony  as  privileged 
within  law  of  libel  and  slander.  19- 
773;  1918A-822. 

"Eequire,"  legal  meaning  of  word.  1912A- 
1240. 

2.    Attendance. 

Absence  of  witness,  admissibility  of  evi- 
dence to  explain.     1912B-1014. 

— unsuccessful  search  for  witness,  evidence 
admissible  to  show.     8-468. 

Dissuading  witness  from  testifying,  at- 
tempt made  in  good  faith  as  criminal 
offense.     13-579. 

Exemption  from  service  with  process,  non- 
resident  within   state   for  purpose  of ' 
appearing  as  witness  in  civil  or  crim- 
inal      proceeding.       6-337;       18-127; 
1915D-985. 

— ^resident  of  state  attending  court  in  an- 
other county  as  witness.     9-835. 

Habeas   corpus  ad  testificandum.     1915D- 

1028. 

Obstructing  attendance,  aiding,  procuring, 
or  advising  disobedience  to  subpoena 
as  contempt  of  court.     18-319. 


932    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


WITNESSES— Contiaued. 

— criminality  of  preventing  appearance  of 
person  not  subpoenaed.     1912C-517. 

Eeeognizanee  for  appearance  of  witness  in 
criminal  case,  power  of  court  to  re- 
quire.    1912r)-338. 

Subpoena,  evading  service  of  subpoena  as 

contempt.     1916E-264, 
— ^issuance  by  criminal  magistrate  and  not 

entitled   in    any   pending   prosecution, 

validity.     9-977. 

Subpoena  duces  tecum,  sufficiency  of  de- 
scription  of    documents.     15-643. 


3.     Compensation. 

Change  of  venue,  witness  fees  as  charge- 
able against  county.     1913B-190. 

Detention  of  witness  in  custody  for  future 
appearance,  right  to  recover  fees  for 
period  of  detention.     1912C-809. 

Expert  witness,  extra  compensation  for. 
5-993 J  17-715. 

Mileage  and  per  diem,  right  of  nonresident 
of  county  where  trial  is  had.     10-397. 

— nonresident's  right  to  mileage  from  resi- 
dence   to   place    of    trial.     7-163, 

Personal  liability  of  attorney  for  fees  and 
expenses  of  witnesses.     1917B-523. 

Public  officer,  right  to  witness  fees.  19- 
168. 

Taxation  of  fees,  mileage,  etc.,  as  costs 
when  witness  subpoenaed  but  not 
called  to  testify.     6-1017. 


4.     Swearing  Witnesses. 

Failure  to  swear  witness,  effect  upon  trial 
and  verdict.  4r-1023;  6-57;  1912D- 
572. 

Form  of  oath  prescribed  by  law,  failure  to 
comply  as  affecting  binding  character 
of  oath  of  witness.     5-723. 


5.     Competency. 
A.    Generally. 

Absent  witness,  admissibility  of  testimony 
in  former  proceeding.     1-471;  21-179. 

— competency  in  criminal  case  of  former 
testimony.     13-973;   1913C-464. 

Attorneys,  competency  and  propriety  as 
witness  for  client  or  adverse  party. 
13-31. 


WITNESSES — Continued. 

— presumption  as  arising  from  failhre  to 
call  attorney  as  witness.  1914A-919; 
1918B-1134. 

— trial  of  own  case,  competency  and  pro- 
priety of  attorney  as  witness.  1913B- 
711. 

Chinaman,  competency  as  witness.  18- 
563. 

Conviction  of  infamous  crime  in  one 
jurisdiction  as  disqualification  in  an- 
other jurisdiction.     5-917;   19-381. 

— municipal  ordinance,  conviction  of  vio- 
lation as  conviction  of  crime  disquali- 
fying  witness.     1913A-327. 

— proof  of  disqualifying  of  witness  on  ac- 
count of  conviction  of  crime.     7-167. 

— witness'  admission  of  commission  of 
crime  without  conviction  as  affecting 
competency.     7-168. 

Guardian  or  next  friend  as  interested  wit- 
ness in  suit  involving  ward's  estate 
or  rights.     4-1068. 

Infants,  competency  as  witnesses.  14-3; 
1916C-424. 

Insane  person,  competency  as  witness. 
1913E-323. 

Interested   witnesses,  who  are.     4-984. 

Japanese,  competency  as  witness.     18-981. 

Judge  in  case  on  trial  before  him,  com- 
petency and  propriety  of  his  testify- 
ing as  witness.     1913C-254. 

Juror  on  former  trial,  competency  as  wit- 
ness.    1916C-676. 

Private  detective,  competency  as  witness. 
1917A-089. 

fieligious  belief  as  affecting  competency. 
12-155. 

B.    Experts. 

Appointment  of  expert  witnesses  by  court 

in  criminal   eases,  validity  of  statute 

providing  for.     1912B-69i. 
Attorneys'  services,  qualification  of  expert 

as  to  value  of  services.    20-54;  1914I>- 

370. 

Building  and  working  contracts,  compe- 
tency of  expert  to  testify  as  to 
whether  construction  work  was  prop- 
erly   done.     1912D-903. 

Cross-examination  of  expert  as  to  compe- 
tency before   testifying.     7-583. 

Expectancy  of  life,  competency  of  expert 
to  testify  to.     10-621. 


"WITNESSES. 


933 


WITNESSES— Continued. 

Information  acquired  by  aid  of  microscope 
as   affecting   competency.     1916D-930. 

Nonexpert,  competency  to  testify  to  hand- 
writing of  mere  correspondent.  8- 
1035. 

Qualification  of  witness  to  testify  as  ex- 
pert as  resting  in  discretion  of  trial 
court.     1912D-817. 

Sobriety,  competency  of  witness  to  testify 
that  person  is  or  was  temperate  or 
intemperate.     13-253. 

Value,  mere  ownership  of  personalty  as 
qualifying  witness  to  testify  as  to  its 
value.     8-832. 


C.     Husband  and  Wife. 

Absence  of  valid  marriage,  competency  of 
one  alleged  spouse  as  witness  against 
other.     6-1021. 

Agency,  competency  of  husband  or  wife 
as  witness  respecting  transaction 
wherein  witness  acted  as  agent  for 
spouse.     1915B-945. 

Bigamy,  competency  of  husband  or  wife 
in  prosecution  for  bigamy.  12-114; 
1916C-1060. 

Codefendant,  competency  at  common  law 
of  one  spouse  to  testify  for  or  against 
codefendant  of  other  spouse.     4-17. 

Comment  on  failure  of  accused  to  call  wife 
as  witness,  right  of  counsel.  17-421; 
1913D-559. 

Common-law  rules  as  to  competency  of 
husband  and  wife,  against  each  oth«r 
in    criminal    cases.     2-881. 

Crime  against  child  of  wife,  competency  of 
wife  as  witness  against  husband.  6- 
187;   1916A-617. 

Criminal  conversation,  competency  of  hus- 
band or  wife  as  witness  in  action. 
1912D-1121;    1915B-713. 

Death  of  one  spouse,  effect  on  competency 
of    other   as   witness.     1917D-216. 

Divorce  as  affecting  competency  of  spouse 
as    witness.     1912B-1200;     1918E-193, 

— surviving  party,  competency  in  action 
to  annul  divorce  decree.     .5-893. 

Nonaccess  of  husband,  admissibility  of 
testimony  of  married  woman  to  prove. 
6-816;    15-764;    1917A-1031. 

Objection  to  wife  testifying,  compelling 
defendant  in  criminal  case  to  object 


WITNESSES— Continued. 

to     spouse     testifying    as    reversible 
error.     1915D-362. 

Eemoval  of  disability,  right  to  compel  one 
spouse  to  testify  for  or  against  other 
under  statute  removing  disability  of 
spouses  as  witnesses.     19-55. 

Testamentary  capacity,  competency  of  one 
spouse  as  to  testamentary  capacity  of 
other.     1916A-1060. 

Trusts,  competency  of  hu^and  or  wife  as 
to  resulting  trust  arising  from  hus- 
band's purchase  in  own  name  with 
wife's  money.     1915D-628. 


D.    Privileged  Oommunications. 

Generally, 

Attorney  and  client,  attorney  acting  for 
several  clients  jointly,  privileged  char- 
acter of   communications.     11-877. 

— communication  with  attorney  before  em- 
ployment as  privileged.     21-217. 

— ^necessity  that  communication  be  in  re- 
gard to  subject  matter  of  employment 
in  order  to  be  privileged.     4-531. 

— privileged  communications  between  at- 
torney and  client.  1913 A-3;  1916E- 
335. 

— statement  by  prosecuting  witness  to 
prosecuting  attorney  as  privileged. 
1916E-1121. 

— 'testamentary  matters,  communicationa 
between  attorney  and  client  as  privi- 
leged. 14-601;  1912A-839;  19160- 
1073. 

Confidential  communications,  information 
communicated  in  contract,  fiduciary  or 
similar  relation  as  privileged  from  dis- 
closure.    1916C-698. 

Husband  and  wife,  conversation  or  state- 
ment by  spouse  in  presence  of  third 
person,  competency  of  other  spouse  to 
testify  to.     1916B-602. 

— declaration  made  by  one  spouse  in  prr 

sence  of  other,  admissibility  in  cri>. 

inal  prosecution.     19-528. 
— disability  removed  by  statute,  right  to 

compel  spouse  to  testify  for  or  against 

other.     19-55. 
— letters    between    husband     and    wife     as 

admissible  in  evidence  against  writer. 

3-915;   1912B-1001;   1915B-^27. 
— ^writing  intended   to  be  seen  only  after 

death   of  writer,  privileged  nature   of 


934    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


WITNESSES — Continued, 

communication  between  husband  and 
wife  as  extending  to.     1915B-273. 

Ministers  of  gospel,  privileged  character 
of  communications  made  to  minister 
of  gospel.     7-109;    19-644. 

Overheard  privileged  communication,  right 
of  person  overhearing  to  testify  to. 
10-178;    1918A-441. 

Physician  and  patient,  autopsies,  rule  of 
privileged  communications  as  applica- 
ble.    1^130-689;    1916I>-709. 

— information  acquired  by  physician  re- 
specting patient  before  or  after  exist- 
ence of  relation,  right  to  testify  to. 
1916B-778. 

»— mental  condition  of  testator,  right  of 
physician  who  attended  testator  be- 
fore his  death,  right  to  testify  as  to 
mental  condition.  1912B-1039;  1918 A- 
1050. 

— necessity  that  information  communi- 
cated to  physician  should  be  necessary 
for  treatment.     15-582;   1916A-403. 

' — ^patient's  statements  to  physician  relat- 
ing to  history  of  case,  admissibility  of 
testimony  of  physician  as  to.  14- 
449. 

— ^records  of  hospital  or  other  institution 
as  within  rule  of  privileged  communi- 
cations between  physician  and  patient. 
1915D-151. 

— statement  by  physician  to  patient  as 
privileged  communication.     21-369. 

— ^victim  of  crime,  right  of  defendant  to 
object  to  testimony  of  physician  with 
respect  to.     1913E-884. 

*— who  is  "physician"  within  statute  re- 
lating to  privileged  communications. 
1913A-56. 

Waiver  of  privilege,  bringing  action  or 
introducing  evidence  concerning  dis- 
ease or  injury  as  waiver  of  privilege 
of  communication  to  physician.  13- 
945;   1915A-438. 

• — client's  introduction  of  testimony  as 
waiver  of  privilege  between  attorney 
end  client.     20-1285. 

—express  stipulation  in  insurance  contract 
as  waiver  of  privileged  communica- 
tion to  physician.     10-57. 

•—personal  representative,  heir  or  next  of 
kin  of  party,  right  to  waive  privi- 
leged communication.  10-1118; 
1913A-100. 


WITNESSES— Continued. 

— refusal  or  failure  to  waive  privileged 
communication,  as  presumption 
against  party.     8-792. 

— testimony  of  client  to  transactions  as 
waiver  of  privilege  of  communications 
between  attorney  and  client.  1913A- 
32;   1916D-1087. 

— waiver  of  privileged  communications  at 
one  trial,  effect  on  right  to  claim  priv- 
ilege at  subsequent  trial.  8-660;  15- 
935;  1916C-1012. 

E.    Transactions  With  Peksons  Since 
Deceased. 

Action  ex  delicto  as  within  rule  excluding 
testimony  of  transactions  with  deced- 
ent.    1918B-98. 

Coparty  of  decedent's  representative,  com- 
petency to  testify  as  to  transactions 
with  decedent.     17-216. 

Corporate  officer,  stockholder  or  agent  of 
corporation,  competency  to  testify  as 
to  transactions  or  communications 
with  decedent.     9-181. 

Deposition  taken  before  death  as  within 
statutory  prohibition  against  admis- 
sion of  evidence  of  transaction  with 
decedent.     21-1265;  1917B-490. 

Evidence  given  at  former  trial  concerning 
transaction  with  person  since  de- 
ceased,   admissibility.     1917B-366, 

Handwriting,  competency  of  witness  under 
rule  excluding  testimony  as  to  trans- 
actions with  decedent  to  testify  to 
handwriting  of  decedent.     12-671. 

Letter  passing  between  interested  witness 
and  person  since  deceased,  compe- 
tency to  testify  as  to.  21-1216; 
1916E-747. 

Partnership,  competency  of  opposing  party 
in  action  by  or  against  surviving  part- 
ner to  testify  to  transaction  with  de- 
ceased partner.     1916B-568. 

Party  to  instrument,  right  to  deny  execu- 
tion by  himself  after  death  of  other 
party.     17-398;  1918A-777. 

Person  claiming  property  of  decedent  as 
widow,  competency  to  testify  to  fact 
of  marriage.     1912A-881. 

Physician's  action  against  decedent's  es- 
tate for  services  rendered  deceased, 
competency  of  plaintiff  as  witness. 
8-147. 


.WITNESSES. 


935 


WITNESSES— Continued. 

Third  person's  transactions  with  decedent 
in  presence  of  witness,  rule  as  to  in- 
competency of  witness  as  applicable. 
1913E-795. 

Waiver,  cross-examination  of  witness  as 
waiver  of  right  to  exclude  testimony 
relating  to  transaction  with  decedent. 
1918D-202. 

— ^incompetency  of  witness  to  testify  to 
transactions  with  decedent,  waiver  by 
personal  representative.  1913A-682; 
1918A^71. 

Wills,  statute  prohibiting  witness  testify- 
ing to  transactions  with  decedent  as 
applicable  to  proceeding  to  probate  or 
contest  will.     1914A-982. 

Witnessing  execution  of  deed,  will  or  other 
instrument  as  within  rule  excluding 
testimony  of  transaction  with  deced- 
ent.    19i3A-939. 


P.    Paetichlae  Facts. 

Acknowledgments,  competency  of  parties 
and  olficers  as  to  testifying  on  im- 
peachment of  acknowledgment.  7— 
250;   1917A-372. 

Age  of  another  person,  competency  of  wit- 
ness to  testify  to.     1918A-262. 

— own  age,  competency  of  witness  to  tes- 
tify.    16-592;    1918B-427. 

Documents,  competency  of  testimony  as  to 
contents  where  witness'  knowledge  is 
based  merely  on  hearing  it  read. 
1912I>-790;   1916C-1182. 

Knowledge  of  another  person,  competency 
of  witness  to  testify  to.  21-1074; 
1918A-947. 

Market  value  of  land,  competency  of  wit- 
ness to  testify  to.     1914A-882. 

Parentage,  competency  of  person  to  tes- 
tify as  to  own  parentage.     1913C-314. 

Kape,  competency  to  testify  of  prosecu- 
trix who  was  mentally  incapable  of 
giving   consent.     9-1218. 

Speed,  competency  of  nonexpert  witness 
to  testify  as  to  speed  of  railroad  train 
or  street-car.     1913A-187. 

Temperance  of  another,  competency  of 
witness  to  testify  that  person  is  or 
was  temperate  or  intemperate.  13- 
S53. 

Value  of  personalty,  mere  ownership  as 
qualifying  witness  to  testify  to  its 
value.     8-832. 


WITNESSES— Continued. 

Writing,  competency  of  witness  to  testify 
as  to  age  of  writing.     1915  D-34. 


6.    Examination. 

A.    Mode  op  Examination. 

Court's  right  to  examine  witnesses.    6—477. 

Deaf-mutes,  mode  of  taking  testimony. 
9-88. 

Experts,  abstract  questions,  competency  in 

examination    of    expert   witness.     20- 

207. 
— handwriting  witness,  testing  by  use  of 

other  writing.     1917B-1060. 
— hypothetical  question,  necessity  that  it 

contain  all  evidence  on  point  in  issue. 

18-646. 
— necessity  of  expert's  stating  facts  upon 

which   his   opinion  is  based.'  20-883. 
— scientific  books,  use  in  connection  with 

examination.     16-818;    1916E-356. 

Failure  of  party  to  testify  in  civil  action, 
comment  by  attorney  thereon.  16- 
309. 

Improper  answer  by  witness  to  proper 
question  as  reversible  error.     15-1090. 

Interpreters,  competency  as  affected  by  re- 
lationship to  party.     1913D-286. 

— proper  method  of  conducting  examina- 
tion   through   interpreter.     1912B-726. 

Leading  questions,  permitting  as  matter 
within  discretion  of  trial  court.  17— 
840. 

Eefreshing  memory,  inspection  of  memo- 
randum or  paper  used  by  witness  to 
refresh  memory,  right  of  opposite 
party.     9-560. 

■' — published  statement  or  report  made  by 
witness  instead  of  original  memoran- 
dum, right  to  use.     1913B-582. 

— recollection  of  past  transactions  as 
aided  by  written  memoranda.     8-210. 

B.    Ceoss-examination. 

Bloodhound  evidence,  cross-examination 
respecting.     8-110. 

Expert  witness,  right  to  cross-examine  as 
to  competency  before  he  testifies.  7- 
583. 

Interpreter,  cross-examination  of.  1913B- 
264. 

Hostility  or  ill  will  of  witness,  extent  to 
which  cross-examination  is  permis- 
sible.    1914B-537. 


936    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


WITNESSES— Continued. 

Limiting  cross-examination  to  scope  of 
direct  examination.     17-4. 

Witness  unable  by  illness  or  otherwise  to 
be  cross-examined,  reception  of  testi- 
mony as  reversible  error.     16-364. 


C      PEIvrLEGE  OF  WITNESS. 

Civil  liability,  privilege  to  refuse  to  tes- 
tify on  ground  that  testimony  will 
subject  him  to  civil  action,  or  be 
against  his  interests.     1912A-386. 

Corporations,  privilege  against  self-crimi- 
nation as  extending  to  corporation. 
1916A-380. 

Decision  of  question  of  privilege,  witness 
or  court  as  proper  one  to  decide 
whether  answer  to  question  asked  will 
tend-  to  degrade  or  incriminate  wit- 
ness.    5^1;  11-1079;  12-661. 

Discovery^  refusal  on  ground  that  it  will 
tend  to  convict  defendant  of  conspi- 
racy.    5-739. 

Immunity  granted  witness  testifying  in 
proceeding  under  federal  Anti-trust 
Act,  extent  of.     1914C-131. 

—necessity  that  witness  claim  exemption 
in  order  to  be  entitled  to  immunity 
from  subsequent  prosecution.  1915B- 
399. 

Production  of  documents,  books  of  private 
corporation,  power  of  court  to  compel 
production  by  person  whom  they  may 
incriminate.     1912D-569. 

— compelling  attorney  to  produce  books  or 
papers  belonging  to  client,  right  of. 
1916A-64. 

— privilege  of  witness  who  is  not  legal 
custodian  to  refuse  to  produce  docu- 
ments.    13-1180. 

Raising  question  of  privilege,  right  of 
person  against  whom  witness  is  called 
to  object  on  ground  it  may  incrimi- 
nate  witness.     1913C-1389. 

Statutes  abridging  constitutional  privilege 
of  witness.     2-177;  4-692;  17-128. 

Utterances  made  before  or  after  testify- 
ing, privilege  of  witness  as  to.     3-127. 

Voters,  right  to  compel  illegal  voter  to 
give  testimony  as  to  how  he  voted  in 
election.     1912A-728. 

Waiver  of  privilege  against  self-incrimi- 
nation as  extending  to  subsequent 
trial   or  proceeding.     1916C-1012'. 


WITNESSES— Continued. 

Bights  of  Accused. 

Confrontation  of  witnesses,  rights  of  ac- 
cused.    1918A-243. 

Demand  on  accused  in  presence  of  jury 
to  produce  incriminating  evidence  as 
violation  of  constitutional  privilege. 
1912D-261;   1918B-512. 

Depositions  in  criminal  cases,  taking  as 
affecting  privilege  against  self-crimi- 
nation.    1916A-1078. 

Dismissal  of  information  based  on  self- 
■criminating  evidence,  right  of  accused. 
1914C-418. 

Failure  of  accused  to  testify,  comment  by 
prosecutor.     3-164;    20-1273;    1917D- 

277. 

— instruction  as  to  failure  of  accused  to 
testify.     3-909;  10-950. 

Information  which  led  to  prosecution, 
right  of  defendant  in  criminal  case  to 
know  who  gave.     21^56. 

State's  witnesses?,  right  of  accused  to  be 
furnished  with  names.     1914B-902'. 

Waiver  of  constitutional  privilege  by  ac- 
cused testifying  in  own  behalf.  2- 
247;  11-822. 


7.    Credibility,     Impeachment    and    Cor- 
roboration. 

A.     Credibility. 

Amnesia  caused  by  personal  injuries.  15- 
1149. 

Disobedience  by  witness  of  order  exclud- 
ing from  courtroom  as  affecting  his 
credibility.     9-371. 

False  testimony,  necessity  that  instruction 
if  jury  believe  witness  has  testified 
falsely  in  one  particular  they  may  dis- 
regard all  his  testimony  should  in- 
clude proviso  that  false  testimony 
must  have  been  knowingly  and  wil- 
fully given.     8-450;  1912D-1351. 

— propriety  of  instruction  that  if  jury  do 
not  believe  testimony  of  witness  they 
must  deem  him  guilty  of  perjury. 
1912D-279. 

Reasons  for  remembering  particular  oc- 
currence, right  of  witness  to  give. 
1913D-24S. 


WOMAN  SUFFRAGE— WOMEN. 


937 


WITNESSES— Continued. 

B.    Impeachment. 

Adverse  party  as  witness,  right  of  party 
calling  him  to  impeach  or  discredit 
testimony.     6-711;    13-737. 

Collateral  and  immaterial  testimony  given 
on  direct  examination,  right  to  im- 
peach credibility  of  witness  by  coa- 
tradicting.     6-715. 

Confession,  admissibility  of  improper  or 
involuntary  confession  to  impeach  de- 
fendant in  criminal  ease.     17-872. 

Conviction  of  crime,  conviction  of  viola- 
tion of  municipal  ordinance  as  convic- 
tion of  crime  disqualifying  witness. 
1913A-327. 

— method  of  proving  in  order  to  impeach 
defendant  in  criminal  case  as  witness. 
13-643;    1914C-256. 

' — what  constitutes  "crime"  for  conviction 
of  which  witness  may  be  impeached. 
1916A-274,   279. 

Disbarment  or  suspension,  admissibility  to 
discredit  witness.     1916B-487. 

Drug  or  liquor  habit,  proof  to  discredit 
witness.     1918A-639. 

Impeaching  one's  own  witness.  1914B- 
1120. 

Indictment,  impeaching  witness  by  show- 
ing that  he  has  been  indicted.    16-872. 

Intoxication,  impeachment  of  witness  by 
showing  intoxication  at  time  of  events 
concerning  which  he  testifies.  16- 
368. 

Laying  foundation,  necessity  before  dis- 
crediting witness  by  showing  bias. 
20-224. 

Opinions,  former  mere  expression  of  opin- 
ion, whether  may  be  shown  to  dis- 
credit  witness.     1914B-112. 

Prior  inconsistent  statement  of  witness  as 
evidence    of    facts    asserted.     21-1238. 

Prior  testimony,  contradictory  statements 
on  former  trial,  proof  by  person  who 
heard    testimony.     1913B-97. 

— evidence  given  by  witness  before  cor- 
oner's jury,  admissibility  to  impeach 
him,     16-688. 

Privilege  previously  claimed  in  criminal 
case,  admissibility  of  evidence  in  civil 
case  for  purpose  of  impeaching  wit- 
ness.    1917iE-879. 


WITNESSES— Continued, 

Eeputation  of  witness  at  former  residence, 
admissibility  to  impeach  his  testi- 
mony.    12-3^5. 

Signed  statement  of  which  signature  is 
admitted  but  contents  are  wholly  or 
in  part  denied,  impeachment  of  wit- 
ness by  introduction  thereof.     20-390. 

C      COREOBORATION. 

Bias  shown  by  testimony,  admissibility  of 
evidence  in  rebuttal.     14-232. 

Prior  consistent  statements  of  witness,  ad- 
missibility where  he  has  not  been  im- 
peached.    1915D-338. 

— prior  inconsistent  statements  in  evi- 
dence, admissibility  thereafter  '  of 
prior  consistent  statements.  8-477; 
1915A-512. 

Eeputation  at  former  residence,  admis- 
sibility to  impeach  or  sustain  his  tes- 
timony.    12-395. 


8.    Limiting  Number  of  Witnesses. 

Limiting  number  as  to  certain  fact  or 
issue,  power  of  court.  8-828;  17-780; 
1916B-771. 

Eestriction  of  number  of  witnesses,  in 
arbitration  proceedings.     8-511. 


WOMAN  SUFFRAGE.     4: 

Gift  for  furtherance  of  cause  as  valid 
charitable  gift.     1914A-1220. 

Municipal  authorization  of  woman  suffrage, 
validity.     1918C-906. 

Kegistration  as  voters,  effect  of  exclusion 
of  women  from  franchise  in  general 
elections.     1913B-25. 

Validity  of  statute  giving  women  right 
to  "vote.     1915A-802. 


WOMEN. 

Abortion,  woman  as  accomplice  to  abor- 
tion upon  herself,  12-1009;  1916C- 
629. 

Citizenship,  loss  by  marriage  to  alien. 
191oB-265;    1916E-648. 

Elector,  right  to  vote  at  municipal  elec- 
tions, etc.,  as  constituting  woman 
"elector."     1912C-974. 


938    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


WOMEN — Continued. 

Freeholders,  when  women  occupy  status. 
1913I>-330. 

Girl,  female  child,  spinster,  etc.,  as  in- 
cluded in  term  "woman."     10-958. 

Imprisonment  of  woman  for  contempt  as 
violative  of  prohibitive  constitutional 
or  statutory  provisions.     8-56. 

Injuries  peculiar  to  women,  excessiveness 
or  inadequacy  of  verdict.  16-44; 
1913A-1379,-   1916B-442. 

Labor  laws,  constitutionality  of  statutes 
limiting  length  of  day's  labor.  1-82; 
9-208;  11-90;  13-959;  1912D-393; 
1914D-1263. 

— employment  of  adult  females  in  other 
respects  than  number  of  hours  of 
labor,  validity  of  statute  regulating. 
12-799;  1914D-533;  1916D-1065. 

— hours  of  labor,  validity  of  statute  regu- 
lating.    1914D-1265;    1918I>-1001. 

— minimum  wage  law,  validity  with  re- 
spect to  women.  1916A-225;  1918D- 
465. 

Libel  or  slander  by  words  holding  women 
up  to  ridicule.     1914A-1127. 

Notary  public,  acknowledgment  before 
woman  notary,  validity  in  foreign  ju- 
risdiction.    1914C-204. 

— right  of  woman  to  be  notary  public. 
6-285;   1917D-534. 

Public  office,  eligibility  of  woman.  21- 
403;  1913C-1162. 

Eape,  capacity  of  woman  to  commit. 
1913D-862. 

"Require,"  legal  meaning  in  statute  relat- 
ing to  protection  of  women  employed 
about   machinery.     1912A-1238. 

Seduction,  right  of  woman  to  recover 
damages  for  her  own  seduction.  8- 
1115. 

Teachers,  marriage  as  ground  for  removal 
of   woman    teacher.     1917B-421. 

"Wills,     birth     of     issue     as     revocation. 

1913D-1327. 
— subsequent    marriage    as    revocation    of 

will.     1913A-218. 


WOODLANDS. 

Changing  arable  land  or  pasture  into 
woodland  or  vice  versa  as  waste. 
1918D-543,    552. 


WORD. 

Opinion  of  witness  with  respect  to  mean- 
ing and  effect  of  word  as  admissible 
in  evidence  in  action  for  libel  or 
slander.     18-833. 

Peculiar  signification  of  word  in  locality 
where  instrument  was  executed,  ad- 
missibility of  evidence.     1916C-655. 

Repetition  of  word  in  will  as  affecting 
construction.     1914B-64. 

Statutes,  changing,  supplying  and  elimin- 
ating words  to  correct  obvious  error. 
1-752. 


WORDS  AND  PHRASES. 

"Abode,"  meaning  of  term.     191SC-283. 

"Abode,"  as  synonymous  with  domicile. 
1915C-784. 

"About,"  as  applied  to  quantity.  1918D- 
693. 

"About,"  when  used  with  reference  to 
time.     17-742. 

"Absent,"  "absence,"  as  applied  to  public 
officer.     1912C-351. 

"Absent   from   state."     1912D-471. 

"Absolute,"  as  applied  to  duty  or  liabil- 
ity.    1916B-296. 

"Accident,"  as  comprehending  disease.  2- 
140;    15-886;    19I3A-1121. 

"Accident"  in  lease.     1913A-1101. 

"Accidental  means,"  meaning  within  acci- 
dent policy.     1-789. 

"Accident  arising  out  of  and  in  course  of 
employment."  1913C-4;  1914B-498; 
1916B-1293;  1918B-768. 

"Accidental  means,"  as  used  in  accident 
insurance  policy  as  including  inten- 
tional exertion.     1-789. 

"Account  stated."     1915A-694. 

"Action  for  fraud"  within  meaning  of 
Bankruptcy   Act.     20-309. 

"Act  of  God,"  as  applied  to  cold  weather 
injuring    livestock.     1912C-922. 

"Additions,"  meaning  in  fire  insurance 
policies.     8-94;    10-938. 

"Adjacent."     1913B-168. 

"Adjoining."     1913D-844. 

"Adjournment"  as  applied  to  public  body. 
1915B-773. 


WORDS  AND  PHRASES. 


939 


WORDS  AND  PHEASES— Continued. 

"Adjudge"  or  "adjudged"  as  synonymous 
with  "deem"  or  "deemed."     16-480. 

"Advances,"  as  applied  to  payments  on 
consigned  goods.     6-311. 

"Adverse  parties,"  as  applied  to  appeals. 
21-1277. 

"After  the  fire"  as  term  referring  to  time 
for  institution  of  suit  on  insurance 
policy.     10-824. 

"Agent,"  as  including  guardian.  1913B- 
85. 

"Agent,"  as  applied  to  service  of  process 
on  foreign  corporation.     19-200. 

"Aliens"  as  applied  in  Immigration  Act. 
1917C-239. 

"Aliquot"  as  meaning  "particular  frac- 
tion of  the  whole."     2-669. 

"All,"  as  applied  to  minerals.     1917E-70. 

"All,"  as  used  in  prohibitory  or  regu- 
latory statute.     1917E-39. 

"All,"  as  used  in  will  in  connection  with 
"rest,"  "residue"  or  "remainder." 
1917E-75. 

"All   damages."     1917E-;82. 

"All  elections,"  meaning  under  constitu- 
tional provision.     7-666. 

"Alleys."     15-963. 

"All  matters."   1917E-S7. 

"All  property,"  as  applied  in  statute,  or 
instrument  other  than  w:ill.  1917E- 
58. 

"All  revenue,"  legal  meaning.     1918B-206. 

"Alteration,"  as  applied  to  leased  build- 
ing.    1915C-1008. 

"Amusements,"  within  prohibition  of 
Sunday  laws.     21-681. 

"And"  construed  as  "or."  19-922;  1913 A- 
1058;    1915C-182;    1917C-306. 

"And  due,"  legal   meaning.     1918E-785. 

"Animal,"  moaning  of  word.     1915A-1242. 

"Any,"  legal  meaning.  1916E-2,  101,  105, 
107,  111. 

"Any  communication,"  meaning  within 
statute  excluding  husband  or  wife  as 
witness.     1918E-194. 

"Any  election,"  meaning  under  constitu- 
tional provisions.     7-666. 

"Any  kind,"  legal  meaning.     1916E-46. 


WORDS  AND  PHRASES— Continued. 

"Any  other,"  legal  meaning.  1916E-55, 
111. 

"Any    part,"    legal     meaning.     1916E-66. 

"Any  party,"  legal  meaning.     1916E^-68. 

"Any  person,"  legal  meaning.     1916E-69. 

"Anything,"  legal  meaning.     1915A-29. 

"Any   time,"  legal  meaning.     1916E-90. 

"Apartment  house,"  legal  meaning. 
1917A-256. 

"Apparatus."     1912C-609;    1918E-1081. 

"Appliance,"  meaning  as  used  in  law  of 
master  and  servant.     19-151. 

"Appropriation"  of  public  money  within 
constitutional  provision  relating 
thereto.     1915A-1240. 

"Appurtenance,"  as  applied  to  property  in 
building.     1916A-254. 

"Appurtenances"   of   vessels.     5-652. 

"Arising  out  of  and  in  the  course  of  the 
employment."     1913C-4. 

"Arms,"  as  applying  to  weapons.     1-56. 

"Arrival,"  meaning  under  Wilson  Act  as 
to  bringing  liquors  into  state.  7- 
1132. 

"Assign,"    "assignee."     1913B-734. 

"Assistant."     1912A-1270. 

"At."     1912B-1070,   1080. 

"At  an  interval."     1912B-1080. 

"At  end,"  as  applied  to  signature  to  will. 
2-730;   11-1013;  1913C-845. 

"At  his  death."     1912B-1080. 

"At   large."     1912B-1081. 

"At  once,"  as  applied  to  accident  insur- 
ance.    1914D-382. 

"At  or   before."     1912B-1077. 

"At  or  near."     1912B-1076. 

"At  or  upon."     1912B-1077. 

"At  the   date."     1912B-1077. 

"At  the    end."     1912B-1079. 

"At  the  expiration."     1912B-1079. 

"At  the  same  time  and  place."  1912B- 
1079. 

"At  the  time."     1912B-1078. 

"At  the   trial."     19126-1080. 


940    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


WORDS  AND  PHRASES— Continued. 

"Attestation,"  when  used  with  reference 
to  will  as  including  "subscription." 
16-1091. 

"Automobile."     16-608. 

"Average  weekly  earnings"  in  Work- 
men's Compensation  Act.  1913D-1024; 
19140-186;  1916B-519;  1916C-892; 
1918B-640. 

"Baggage,"  as  applied  to  passengers.  21- 
729;  1915C-1050. 

"Balance  due,"  legal  meaning.     1918E-785. 

"Bankable,"  as  applied  to  written  instru- 
ments.    1913C-1255. 

"Barn,"  as  applied  under  arson  statutes. 
1916B-145. 

"Become  due,"  legal  meaning.     1918E-786. 

"Believe"  or  "believed,"  as  synonymous 
with  "deem"  or  "deemed."     16-482. 

"Being  constructed  or  repaired."     18-624. 

"Belonging  to,"  as  including  leased  prop- 
erty under  tax  exemption  statutes. 
2-^10. 

"Benevolent,"  as  synonymous  with  "char- 
itable."    7-39. 

"Billiard-table,"  as  including  pool-table. 
11-67;    1913D-1052. 

"Bills  for  raising  revenue."     1918B-S09. 

"Blacklisting."     1-474. 

"Blood  relations"  and  "blood  relation- 
ship" in  wills.     5-511. 

"Boarder,"  as  distinguished  from 
"guest."     14-326. 

"Boarding-house  keeper."     1914D-839. 

"Board  of  revenue."     1918B-220. 

"Book,"  as  including  classified  copies  of 
deeds  not  bound  in  book  form.  7- 
356. 

"Bookmaking,"  as  applied  to  gambling 
contracts.     17-1084. 

"Boycotting."     1-174. 

"Broker"  distinguished  from  factor. 
1913C-1018. 

"Brother"    as    including    half-brother.     9- 

140. 

"Building,"  as  including  unfinished 
structure.     1915D-1156. 

"Building,"  as  applied  to  lienable 
atruetures.    1912B-7. 


WORDS  AND  PHRASES— Continued. 

"Burning  of  building,"  as  applied  to  acci- 
dent insurance.     1913A-554. 

"By  virtue  of  employment  or  office," 
meaning  in  embezzlement  statute.  15- 
443. 

"Candidates  for  public  office."     12-109. 

"Car,"  vehicles  included  under  term. 
1914D-45. 

"Carriage,"  as  including  bicycles  and 
motor    vehicles.     1-550;    1913B-755. 

"Carrying  on  business,"  meaning  as  used 
in  statutes.     18-32. 

"Case,"  as  applied  to  legal  actions  and 
proceedings.     21-667. 

"Cash,"  bequest  in  will  as  including  real 
property.     20-1288. 

"Casualty,"  as  applied  to  destruction  of 
leased  premises.     1913A-1101. 

"Causes,"  as  applied  to  act  of  depositing 
obscene   matter   in   mails.     7-256. 

"Ceased  to  be  operated,"  meaning  in  fire 
insurance    policy.     10-800. 

"Center  of  the  road."     5-148. 
"Child,"    as    including    illegitimate    child. 
1918B-249. 

"Child"  in  statute  as  including  adopted 
child.     15-92;   1915B-786. 

"Child"  or  "children"  in  statute  as  in- 
cluding grandchild  or  grandchildren. 
1918E-1004. 

"Children,"  as  including  child  en  ventre 
sa  mere.     7-134;   12-200;   1916E-1034. 

"Children,"  as  applied  to  life  insurance 
beneficiaries.     15-529;  1913A-300. 

"Children"  in  will,  as  including  adopted 
child.     18-518. 

"Church,"  as  applied  in  liquor  laws.  9- 
1113;   1914D-774. 

"Cigarettes,"     l4t-934. 

"Circular,"  as  applied  to  printed  matter. 
1912C-1034. 

"Citizen,"  as  including  corporation,  joint- 
stock  company  or  partnership.  1917C- 
875. 

"Citizenship,"  as  synonymous  with  dom- 
icile.    1915C-784. 

"City,"  as  including  town  or  village. 
1914B-215. 


WORDS  AND  PHRASES. 


941 


WOEDS  AND  PHRASES— Continued. 

"Claim,"  as  applied  to  decedent's  estate. 
20-855. 

"Claim,"  as  applied  to  public  corporations. 
19-1113;   20-1121. 

"Claim,"  within  federal  statute  against 
assignment.     20-1119. 

"Claims  due,"  legal  meaning.     1918E-78r. 

"Cohabit,"  "cohabitation."     19-656. 

"Collision"    in    insurance    policy.     1914B- 

848. 

"Colored"  as  applied  to  persons.  1912D- 
457. 

"Commercial"  railroads  distinuished  from 
street   railways.     4r-449;    1913C-579. 

"Commodity,"  legal   meaning.     1916D-986. 

"Common  gambler."     1913A-773. 

"Common  law."     1913E-1222. 

"Communication"  as  applied  in  statute  ex- 
eluding  testimony  of  husband  or 
wife.     1918E-194. 

"Company,"  as  importing  corporation. 
1912A-969. 

"Competent."     1914B-8. 

"Competing,"  as  applied  to  railroad  lines. 
1913A-638. 

"Complete,"  "completed,"  as  applied  to 
railroads.     1916D-1232. 

"Concurrent,"  as  applied  to  jurisdiction  of 
adjoining   states.     16-1115. 

"Concurrent   insurance."     5-755. 

"Conditional  sale"  distinguished  from 
"bailment"    or    "lease."     12-879. 

"Condonation,"  as  related  to  divorce. 
1912C-3;   1918A-652. 

"Confidence   game."     1912A-758. 

"Confined  to  house,"  as  applied  to  acci- 
dent or  health  insurance.  18-1111; 
1915A-262;   1918C-531. 

"Construction,"  within  mechanic's  lien 
law.     1912B-6. 

"Contents"  as  applied  in  connection  with 
property  devised  or  bequeathed  by 
will.     1916C-1139. 

"Contiguous."     2-686;   1918E-798. 

"Contraband  of  -war"  as  including  persons, 
15-241. 

^'Contract   of  insurance."     1912.D-1027. 


WOEDS  AND  PHRASES— Continued. 

"Conveyance,"  as  including  lease.  1913D- 
999. 

"Convicted,"  "conviction,"  legal  meaning. 
1915B-283. 

"Conviction,"  as  applied  to  person  denied 
right    to    vote.     15-103. 

"Corporation,"  as  including  foreign  corpo- 
ration.    13-814;  1915D-569. 

"Corporation,"  as  including  municipal  cor- 
poration.    1913B-745. 

"Countersign."     1913D-316. 

"Court,"  term  as  meaning  judge.  1913E- 
388. 

"Credible,"  as  applied  to  witness  to  will. 
18-1091. 

"Creditor,"  as  applied  to  decedent's  es- 
tate.    1915A-55, 

"Creditor,"  as  applied  to  receivership  pro- 
ceedings for  insolvent  corporation. 
1912A-901. 

"Crime,"  as  applied  to  interstate  extra- 
dition.    1912C-1298. 

"Cruel  and  unusual  punishment."     19-725. 

"'Daily"  newspaper.     16-421. 

"Damage  by  elements,"  as  applied  in  con- 
tract.    1917B-296. 

"Damaged,"  as  applied  to  leased  prem- 
ises.    1913A-1100. 

"Day,"  as  measure  of  time.     6-717. 

"Days,"  as  applied  to  filing  of  nomination 
certificates.     1914A-1135. 

"Deadly     weapon."     1912A-1328;     1916E- 

308. 

"Deal,"  "dealer."     1917A-950,  965,  967. 

"Debt,"  as  applied  to  municipal  debt  limit. 
17-1243. 

"Debt    due,"    legal    meaning.     1918E-788. 

"Debt  due  in  same  right,"  legal  meaning. 
1918E-789. 

"Debts"  of  corporation  for  which  di- 
rectors are  liable.  12-807;   1914B-152. 

"Deem"  or  "deemed."     16-480. 

"Define,"  "defined,"  "defining."     1914B-98. 

"Delivered."     1912I>-349. 

"Demand,"  in  statute  relating  to  present- 
ment of  claims  against  municipality. 
19-1113. 


942    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


WORDS  AND  PHRASES — Continued. 

"Dependent,"  witMn  statute  for  wrongful 
death.     1912B-733. 

"Dependent"  within  Workmen's  Compensa- 
tion Act.     1913E-480;  1918B-749. 

"Dependent,"  as  used  to  designate  benefi- 
ciary  in   insurance.     7-358;    17-867. 

"Depot,"    legal    meaning.     1917A-1283. 

"Deputy."    1912A-ia71. 

"Derelict."     17-939. 

"Desire,",  as  used  in  will.     1917B-503,  518. 

"Destroyed,"  as  applied  to  leased  prem- 
ises.    1913A-1100. 

"Destruction,"  as  applied  to  leased  prem- 
ises.    1913A-11CK). 

"Destructive  thing."     1915A-32. 

"Dictum,"  as  applied  to  opinions  of  courts. 
1912C-1248. 

"Direct  tax."     1912B-1328. 

"Disease,"  as  meaning  other  than  tempor- 
ary  derangement,     5-88. 

"Disposed,"  meaning  as  applied  to  fraud- 
ulent sale  or  conveyance  of  property. 
5-618. 

"Dissatisfaction,"  meaning  as  applied  to 
court's  view  of  "verdict  contrary  to 
evidence."     2-762. 

"Dividends."     20-691. 

"Dockage."     13-384. 

"Doing  business"  within  state  by  foreign 
corporation.  2-307;  8-942;  11-320; 
1912A-553;   1913E-1154. 

"Domestic  purposes."  1912B-619;  1914D- 
561. 

"Domicile."     1915C-783. 

"Double  track,"  as  applied  to  railroad. 
1918E^243. 

"Drunkenness."     1913&-1103. 

"Due,"   legal   meaning.     1918E-756. 

"Due  and  owing,"  legal  meaning.  1918E- 
782. 

"Due  and  payable,"  legal  meaning.  1918E- 

784. 

"Due  date,"  legal  meaning.     1918E-785. 

"Due  in  full,"  legal  meaning.     1918E-785. 

"Dwelling-house "  within  law  of  arson  as 
comprehending  unfinished  building. 
15-547. 


WORDS  AND  PHRASES— Continued. 

"Dwelling-house,"  as  used  in  restrictive 
covenants.     1912D-477. 

"Each,"  as  applied  in  will.     1914D-247. 

"Effects,"  use  in  wills  as  including  real 
property.     7-128. 

"Ejusdem  generis,"  meaning  of  term  as 
used  in  Workmen's  Compensation  Act. 
1917D-7. 

"Election,"  as  including  primary  election. 
1918E-79. 


"Election  by  ballot."     &-969. 

"Electors,"  as  applied  to  women. 
974. 


1912C- 


"Employed,"  meaning  in  child  labor  acts. 
9-1109. 

"Employment"  distinguished  from  "of&ee." 
17-451. 

"End"  of  will  with  respect  to  signature 
of  testator.  2-730;  11-1013;  1913C- 
845. 

"Engaged  chiefly  in  farming,"  meaning 
within   bankruptcy   law.     16-511. 

"Equip,"   "equipment."     1913B-198. 

"Erection,"  within  mechanic's  lien  law. 
1912B-6. 

"Erection,  repairing,  altering  or  paint- 
ing."    18-623;    1913B-1136. 

"Escrow."     1916B-1030. 

"Estate"  in  will  as  meaning  personalty. 
3-420. 


"   "estimated."     1913B-850. 

legal      meaning. 


"Estimate/ 

"Estimated      revenue/ 
1918B-206. 

"E'stray."     9-2M;  1912B-1081. 

"Etc.,"   legal   meaning.     1912C-172. 

"Everything,"    legal    meaning.     1915A-28. 

"Exhibitions."     21-681. 

"Expenses,"  as  including  attorney's  fees. 
1914C-1300. 

"Explosion,"  meaning  in  insurance  pol- 
icies.    5-781. 

"Exposure,"  as  applied  in  fire  or  marine 
insurance.     1913C-73. 

"Expreasio  unius  est  exclusio  alterius," 
meaning  of  maxim  as  used  in  Work- 
men's    Compensation     Act.     1917D-8. 


WORDS  AND  PHRASES. 


943 


WORDS  AND  PHRASES— Continued. 

"Extrahazardous,"  as  applied  under  Work- 
men's Compensation  Act.     1917D-10. 

"Extra  work,"  meaning  under  building 
contract.     7-214. 

"Facility  of  payment,"  construction  of 
clause  in  industrial  insurance  policy. 
1918B-1193. 

"Family,"  as  applied  in  insurance  policy 
or  benefit  certificate.  7-684;  11-570; 
1917C-695. 

"Family,"  as  applied  in  Interstate  Com- 
merce Act  to  railroad  employees  and 
families.     1916B-326. 

"Family"  as  including  grandchild.  1913B- 
460. 

"Family  expenses."     1917C-575. 

"Fare,"  as  applied  to  passenger  traffic. 
21-91. 

"Farming."     1915C-102. 

"Father,"  as  including  stepfather.  1917B- 
1118. 

"Felonious,"  use  of  word  in  information 
or  indictment  for  adultery.  1912A- 
263. 

"Fiduciary  capacity,"  as  applied  in  Bank- 
ruptcy Act.     1915A-1295. 

"Filing"  of  document  by  delivery  to  offi- 
cer when  not  at  office.     18-250. 

"Final  submission"  precluding  dismissal. 
4-510. 

"Fine."     18-883. 

"Fireproof."     1913B-50. 

"Food,"  as  applied  to  articles  of  eon- 
sumption.     1913E-1292. 

"For,"  as  applied  to  number  of  days  for 
publication   of   notice.     1912B-1275. 

"Forfeiture."     18-886. 

"Fortuitous   event."     1913A-1102. 

"Franchise,"  meaning  of  corporate  fran- 
chise.   7-518. 

"Freeholder."     1913D-327. 

"Freight  due,"  legal  meaning.     1918E'-789. 

"From,"  as  word  of  inclusion  or  exclu- 
sion.    15-27;    1918A-924. 

"From  the  person,"  meaning  as  applied 
to  robbery.     8-127. 

"Famish,"  "furnished,"  ".furnishing." 
1913A-1232. 


WORDS  AND  PHRASES— Continued. 

"Fugitive  from  justice,"  within  purview 
of  state  extradition  laws.  7-1076; 
13-907. 

"Game,"  meaning  under  fish  and  game 
laws.     20-621. 

"General  revenue,"  legal  meaning.  1918B- 
207. 

"Gift  to  class."     21-415. 

"Goods,  wares  and  merchandise"  within 
Sales  in  Bulk  Acts.     5-800. 

"Goods,  wares,  merchandise,"  etc., 
within  purview  of  statute  prohibiting 
sales    on    Sunday.     13-856. 

"Graft."     19-1079. 

"Gross  earnings,"  as  applied  to  railroads. 
16-429. 

"Gross  negligence,"  as  used  in  fire  insur- 
ance  policies.     6-589. 

"Grow  due,"  legal  meaning.     1918E-789. 

"Grubstake  contracts."     10-100. 

"Guest"    distinguished   from  "boarder"  at 
.hotel   or   inn.     14-326. 

"Guest,"  meaning  as  applied  to  liquor 
sales  by  hotel  on  Sunday.     17-817. 

"Gunpowder,"  as  including  fireworks  in 
insurance  policy.     1913B-811. 

"Half,"  legal  meaning  of  term.  1913E- 
1013. 

"Hawker,"  within  licensing  laws.     1912D- 

1289. 

"Hazardous,"  as  applied  under  Workmen's 
Compensation  Act.     1917D-10,  42. 

"Heirs,"  as  construed  to  mean  children. 
1914B-70. 

"Heirs"  as  used  to  designate  beneficiary 
in   insurance.     5-458. 

"Heirs  at  law,"  "heirs,"  or  the  like  in 
will  as  including  widow.     1915D-1178. 

"Highway,"  as  comprehending  turnpike  or 
toll  road.     17-804. 

"Home."  as  synonymous  with  "domicile." 
1915C-784. 

"Hotel,"  meaning  with  respect  to  liquor 
regulation.     1913B-1030. 

"Hotel,"  "inn,"  and  "tavern"  as  synony- 
mous.    1914B-874. 

"Hotel."  within  statute  permitting  sale  of 
liquor  on  Sunday  in  hotel.     17-818. 


944    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


WORDS  AND  PHRASES— Continued. 
"House,"   as   including  land.     1914B-1239. 
"Humbug."     1913B-256. 


"If,"    meaning    in 
1913B-730. 


construction    of    will. 


'Immediate,"  as  applied  to  dying  declara- 
tions.    17-287. 


meaning      reasonable 


"Immediate,"      as 
time.     11-259. 

"Immediate,"  "immediately,"  as  applied 
to  accident  insurance.  1914D-380; 
1917D-854. 

"Implement,"  vehicle  as  implement  within 
exemption  statute.     1917D-96. 

"Improvement,"  within  mechanic's  lien 
laws.     I912B-8. 

"Improvement,"  as  applicable  to  cultiva- 
tion of  land.     17-406. 

"Inch,"  as  applied  to  water  measurement. 
1916B-1230. 

"Including."     1912D-637. 

"Income"  as  distinguished  from  profits. 
20-690. 

"Income,"  as  applied  to  income  taxes. 
1913C-985. 

"Income,"  as  meaning  net  or  gross  in- 
come.    1915B-1129. 

"Incompetency."     1912C-96. 

■"Indebtedness,"  as  applied  to  municipal 
debt  limit.     17-1243. 

■"Independent  contractor."  19-3;  1913B- 
573;  1918C-627. 

^Inevitable  accident,"  as  applied  to  de- 
struction of  leased  premises.  1913A- 
1101. 

^'Inhabitancy,"  as  synonymous  with  domi- 
cile.    1915C-784. 

"Inherit,"    "inherited."     1917C-386. 

^'Injury,"  as  applied  in  Workmen's  Com- 
pensation Act.  1915C-921;  1918B- 
362. 

"In  or  upon,"  "in  or  on,"  as  applied  to 
passenger   conveyances.     1913A-842. 

^'Insolvent,"  as  applied  to  banks.  19I6C- 
85. 

■"Instantaneous,"  as  applied  to  death  from 
injury.     1915C-616. 

^'Instrument,"  vehicle  as  instrument 
within   exemption  statute.     1917D-96. 


WORDS  AND  PHRASES— Continued. 
"Insurance  company."     1912D-1026. 
"Insurance"      in      lessee's      covenant      as 


synonymous 
1918E-299. 


with     "fire     insurance. 


"Intentionally,"  as  equivalent  to  "know- 
ingly and  wilfully."     8-451. 

"Interest,"  as  disqualifying  judge.     6-406. 

"Interest,"  as  applied  to  transfer  of  prop- 
erty  right.     1912B-524;    1918B-851. 

"Internal  affairs,"  as  applied  to  foreign 
corporations.     19-86. 

"Intoxicated"  as  applied  in  accident  in- 
surance policy.     13-516. 

"Intoxication."     1913E-1103. 

"Inventory."     1913C-1224. 

"Invoice  value,"  "invoice  cost."  1918E- 
541. 

"Issue,"  as  including  adopted  child. 
1912A-326. 

"Issue"  and  "lawful  issue"  as  regards  il- 
legitimates.    5-936. 

"Issued,"  as  applied  to  life  insurance  pol- 
icy.    1914B-906. 

"Joint  trespassers,"  as  including  joint 
libelants.     1-875. 

"Judge,"  as  including  justice  of  peace. 
1918D-990. 

Judicial  notice,  construction  of  statute  re- 
quiring courts  to  take  notice  as  to 
meaning.     1914D-548, 

"Justly   due,"   legal    meaning.     1918E-789. 

"Keep  and  produce,"  as  applied  to  books 
under  iron-safe  clause  of  insurance 
policy.     1918E-392. 

"Keeping,"  as  applied  to  prohibited  arti- 
cles in  fire  insurance  policy.  13-540; 
19-414;     1914B-133. 

"Kill,"   "killed,"   "killing."     20-100. 

"Knowingly."     1912A-429. 

"Knowingly,"  as  used  in  federal  twenty- 
eight  hour  law.     21-825. 

"Knowledge,"  as  applied  to  owner  of 
premises  under  gaming  statute. 
1918E-142. 

"Known  to  exist."     15-629. 

"Labor,"  within  prohibition  of  Sunday 
law.     1913D-797. 


WORDS  AND  PHRASES. 


945 


WORDS  AND  PHRASES— Continued. 

"Laborer,"  as  applied  in  lien  laws. 
1913B-138, 

"Land."     20-1089. 

"Last  sickness,"  as  applied  to  nuncupative 
wills.     3-317. 

"Law,"  ordinance  as  included  m  term. 
19179-687. 

"Lawful  heirs,"   as  used  in  will.     1917C- 
•    1156. 

"Lawful  issue."     5-936. 

"Legally  due,"  legal  meaning.     1918E-790. 

"Legal  representatives"  as  applied  to  in- 
surance beneficiaries.     21-1271. 

"Legitimate  purpose,"  as  applied  to  sale 
of   poison,     20-495. 

"Letter   of   credit."     1912C-75. 

"Liberty,"  constitutional  guaranty  as  ap- 
plied   to    right    to   picket.     1918E-61. 

"Liquidated  damages."     1912C-1023. 

"Living  together"  in  fornication  or  adul- 
tery.    19-655. 

"Living  together,"  as  applied  in  Work- 
men's  Compensation   Act.     1915B-880. 

"Local  improvement."  20-339;  1914B- 
542. 

"Local"   statutes.     4-659. 

"Locate,"  "located,"  as  applied  to  rail- 
roads.    1912C-1309. 

"Loss,"  as  applied  to  limb  or  member 
under  accident  insurance.  1917B- 
1008. 

"Loss,"  as  applied  to  vessel  under  statute 
terminating  seamen's  wages.  6-6S; 
1916D-688. 

"Lottery,"  what  constitutes.     1-91. 

"Lowest    responsible    bidder."     1913A-500. 

"Lying  in  wait,"  as  applied  in  murder 
statute.     1916C-969. 

"Machinery."     1918E-202. 

"Main     track,"     as     applied    to    railroad. 

1918E'-242. 

"Malice,"  as  used  in  Bankruptcy  Act.  3- 
169;   5-771. 

"Malice,"  as  element  of  malicious  prose- 
cution.    21-756. 

"Malicious,"  as  used  in  Bankruptcy  Act. 
3-169;    5-771. 

Index  to  Notes — 60 


WORDS  AND  PHRASES— Continued. 

"Malicious,"  as  used  in  statutes  defining 
malicious  mischief.     1—494;  16-336. 

"Man,"  as  including  manor  boy.  1912A.- 
233. 

"Manufacturer,"  as  including  gas  com- 
pany or  electric  light  anl  power  com- 
pany.    7-726;    19-668;    1913C-718. 

"Manufacturer"  distinguished  from 
dealer.     21-78. 

"Manufacturing  establishment,"  in  statute 
regulating  hours  of  labor.    1918D-685. 

"Manufacturing  establishment"  within  tax 
exemption    statute.     1915B-223. 

"Margin,"  as  applied  to  stock  exchange 
transactions.     1915B-907. 

"Market  value,"  as  not  meaning  purchase 
price.     5-220. 

"Martial  law."     1914C-23. 

"Materials"  under  mechanics'  lien  laws. 
5-446;  9-309. 

"May"  and  "shall"  occurring  in  same 
statute.     4-420. 

"Meal,"  as  applied  to  service  of  liquor  on 
Sunday.     17-818. 

"Meantime."     19131^-1049. 

"Medicine,"  within  English  Pharmacy 
Act.     20-494. 

"Meeting  for   divine  worship."     19-448. 

"Merchandise,"  as  including  vessels.  11- 
681. 

"Milk,"  what  is.     1912B-588. 
"Mineral."     1912A-1303. 
"Mines    and    minerals"    in    reservation    as 
including   open   quarry.     2-639. 

"Ministerial  act."     3-392. 

"Mob."     11-185. 

"Money"  in  will  as  including  real  prop- 
erty.    20-1288. 

"Money"  as  comprehending  bank  notes. 
4-630. 

"Money  due,"  legal  meaning.     1918E-790. 

"Moneyed  corporation."     20-136. 

"Monopoly,"  as  applied  to  restraint  of 
trade.     1912D-765. 

"Monument,"  as  used  in  will  directing 
erection.     19-1158. 


946    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


WORDS  AND  PHRASES— Continued. 

"More    or    less,"    as    applied    in    deed    of 
.    realty.     12-297j    1917D-155. 

"More  or  less"  in  personal  property  con- 
tracts.    12-294. 

"Mother,"  as  including  stepmother.    1914B- 
62. 

"Motor  vehicle."     16-608. 

"Municipal  buildings,"  as  including  public 
library.     1918E-122. 

"Murder,"      as     including     manslaughter. 
1913C-929. 

"Mutilate,"     as     applied     to     written     or 
printed  instruments  and  coins.     1-25. 
"Mutual  accounts."     1913I>-8'16. 

"My  will,"  used  by  testator  in  will  as  not 
including  codicil.     8-429. 

"Natural  heirs."     1917A-1159. 

"Near."     1913r)-117. 

"Near  dwelling."     1913D-124. 

"Nearest    and    lawful    heir,"    meaning    in 
will.     1915A-475. 

"Nearest    blood    kin,"    meaning    in    will. 
1915A-476. 

"Nearest    blood    kin,"    meaning    in    deed. 
1915D-725. 

"Nearest  blood  relation,"  meaning  in  will. 
1915A-476. 

"Nearest  family,"  meaning  in  wUl.     1915A- 
476. 

"Nearest  heir,"  meaning  in  will.     1915A- 
474. 

"Nearest     kindred,"     meaning     in     will. 
1915A-475. 

"Nearest    male    heir,"    meaning    in    will 
1915A-474. 

"Nearest     of    blood,"    meaning    in    will. 
1915A-476. 

"Nearest  of  kin  by  blood,"  meaning  in  will. 
1915A-476. 

"Nearest  of  kin  by  heirship,"  meaning  in 
will.     1915A-475. 

"Nearest  of  kin,"  meaning  in  will.      1915A- 
475. 

"Nearest     relation,"     meaning     in     will. 
1915A-475. 

"Nearest     relative,"      meaning     in     will. 
1915A-475. 


WORDS  AND  PHRASES — Continued. 

"Nearest  relative  in  male  line,"  meaning  in 
will.     1915A-475. 

"Necessarily  traveled,"  "necessary  travel," 
as  applied  to  mileage  allowance. 
1918D-934. 

"Necessary,"  as  used  in  will.     1918D-1162. 

"Necessary,"  as  used  in  exemption  statutes. 
1918D-173. 

"Necessary,"  as  applied  to  easement. 
1918D-931. 

"Necessary  expense."     1918D-921. 

"Negotiable."     1912D-4. 

"Negro."     20-1307. 

"Nephew,"  as  including  gran  dn^  hew. 
1913E-589. 

"Net  profits."     20-6S'5. 

"Newspaper."     16-417;    1913D-879. 

"Next  election,"  etc.,  as  applied  to  provi- 
sions fixing  term  of  public  office.  10- 
1140. 

"Niece,"  as  including  grandniece.     1913E- 

589. 

"Nonresident  of  state,"  within  meaning  of 
statute  of  limitations.  1-10;  1912D- 
469. 

"Not  being,"  as  same  legal  effect  as  "ex- 
cept."    6-731. 

"Not  having,"  as  same  legal  effect  as 
"except."     6-731. 

"Nothing  due,"  legal  meaning.     1918E-791. 

"Notice,"  meaning  as  applied  to  informa- 
tion of  obscene  matter.     7-255. 

"Now  are,"  as  applied  to  time  in  lessee's 
covenant  of  return  of  premises.  15- 
881. 

"Obscene."     11-307, 

"Occupancy"  of  land  as  requiring  actual 
residence.     20-830. 

"Occupation,"  as  applied  in  life  insurance 
policy.     7-569. 

"Occupied,"  as  applied  to  insured  build- 
ings.    1912D-82. 

"Of,"  statutes  exempting  property  of  in- 
stitutions as  not  covering  leased  prop- 
erty.    2-S'lO. 

"Officer"  of  private  corporation  as  includ- 
ing agent.     5-223. 

"Officer  of  the  revenue."     1918B-220. 

"O.  K."     1915C-197. 


WORDS  AND  PHRASES. 


947 


WOEX>S  AND  PHRASES— Continued. 

"On  or  before."     1913A-253. 

"On    passenger    conveyance."     1913A-843. 

"Open,"  "opening,"  as  applied  to  street  or 
highway.     1913D-1048. 

"Or,"  construed  as  "and."  19-922;  1913A- 
1058;  19150-182;  1917C-306. 

"Or,"  in  criminal  statutes  as  not  meaning 
"and."     1-734. 

"Order  of  court."     19170-1041. 

"Ordinary,"  as  applied  to  high  and  low 
water  mark.     17-149. 

"Ordinary  revenue,"  legal  meaning. 
1918B-208. 

"Original  package"  in  interstate  commerce. 
12-1116;  1912C-678I. 

"Other  improvement  or  structure,"  within 
meaning  of  mechanic's  lien  law. 
1912B-11. 

"Others"  or  "other  persons,"  as  applied  in 
statute  against  fraudulent  convey- 
ances.    1912A-1156. 

"Other  than,"  as  same  legal  effect  as  "ex- 
cept."    &-731. 

"Other  thing,"  legal  meaning.     1915A-29. 

"Otherwise,"  legal  meaning.     1916C-644. 

"Out-building,"      "outhouse."     1912D-1193. 

"Out  of  the  state"  within  meaning  of  stat- 
ute  of  limitations.     1-10;    1912D-471. 

"Owelty."     1914A-650. 

"Owned,"  as  including  'leased"  property 
under  tax   exemption   statute.     2-810. 

"Owner,"  meaning  in  mechanic's  lien  stat- 
utes.    3-1097;   14-1031. 

"Owner,"  as  including  tenant  for  years. 
1912A-316. 

"Owner"  in  statute  limiting  liability  of 
owner  of  vessel.     11-32. 

"Owner"  in  statute  providing  for  consent 
or  remonstrance  of  property  owners  to 
issuance  of  liquor  license.     16-229. 

"Owner  of  premises"  in  gaming  statute  as 
including  tenant.     1918E-142. 

"Par."     1913E-85. 

"Parallel,"  as  applied  to  railroad  lines. 
1913A-638. 

"Parent,"  as  including  stepfather  or  step- 
mother.    1915A-869. 

"Parties,"  as  including  privies  in  blood, 
law  or  estate.     21-179. 


WOEDS  AND  PHRASES— Continued. 

"Party,"  as  applied  to  disqualified  judge. 
15-533;   1914C-972. 

"Party  to  be  charged,"  as  applied  to  signa- 
tures under  statute  of  frauds.  1-691; 
8-1036. 

•Tassage  of  act."    3-737;  21-989. 

"Passenger,"  as  applied  to  accident  insur- 
ance.    1913A-845. 

'Tassenger  elevator."    1915B-1127. 

"Patent  medicine,"  within  English  Phar- 
macy Act.     20-495. 

"Pauper,"   as   applied  in  poor  laws.     UO- 

756;  19160-389. 

"Peddler,"  within  licensing  laws.     1912D- 

1289. 
"Penalty,"     meaning     of     word.    18-S84; 

1912C-1023. 

"Pending,"  as  applied  to  actions.  1912A- 
843;  1914D-1007. 

"Peonage."     3-321;  1915B-498. 

"Peril  of  the  sea"  within  marine  insurance 
policy.     1912D-1038. 

'Terishable  property,"  as  applied  to  trans- 
portation.    1915C-509. 

"Permanent  employment,"  meaning  in  con- 
tracts of  hiring.     8-283. 

"Perpetration,"  as  applied  to  homicide  in 
perpetration  of  another  crime.  8— 
973. 

"Person,"  as  inclading  United  States.  10- 
595. 

"Person"  in  statute  of  frauds  as  including 
private  corporations.     1-691. 

"Person,"  as  including  private  corporation. 
20-737;  1914A-130S. 

"Person  on  journey"  within  exception  in 
statute  against  carrying  concealed 
weapons.     21-448. 

"Person  or  persons,"  as  including  corpora- 
tions under  mechanic's  lien  laws.  7- 
430. 

"Personal  injury,"  as  applied  in  Workmen's 
Compensation  Act.  1915C-921;  1918B- 
362. 

"Personal  property"  in  will  as  including 
money.     1913D-857. 

"Physical  incapacity,"  as  applied  to  mar- 
riage.    1913A-i32. 

"Physician,"  as  applied  to  privileged  com- 
munications.    1913A-56. 


948    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


WOBDS  AND  PHSASBS— Coatinued. 

"Picketing."     4-783;  13-60. 

"Place,"  meaning  as  used  in  statutes 
against    gaming.     7-2-iO. 

"Place  of  abode."     1912C-282. 

"Place  of  worship,"  within  statute  against 
disturbance.     19-448. 

"Plant,"  as  applied  to  business.  191 7A- 
317. 

"Poison,"  as  applied  to  sales  by  druggists. 
20-491. 

"Poisoning"  in  accident  policy.     1-255. 

"Pools,"  as  applied  to  gaming  contracts. 
1916B-100. 

"Poor  person,"  as  applied  in  poor  laws.  20- 
756;  1916C-3S9. 

"Practice  medicine,"  meaning  as  including 
different  schools.     7-377. 

"Pregnant,"  meaning  under  abortion  stat- 
ute.    21-524. 

"Premises,"  meaning  with  respect  to  land. 
1916C-1192. 

"Presence"  of  court  in  which  contempt  may 
be  committed.     17-220. 

"Presence"  of  testator,  as  applied  to 
subscription  of  will  by  testator.  6- 
414. 

"Private  house,"  "private  residence,"  "pri- 
vate   dwelling-house."     1913A-606. 

"Private  track."     191SE-234. 

"Privies,"  as  applied  with  reference  to  par- 
ties in  prior  suit.     21-182. 

"Profession,"  "professional,"  legal  meaning. 
1913E-241. 

"Profits."     20-683. 

"Property,"  as  including  bills  and  notes 
within  false  pretense  statute.     9-970. 

"Property,"  as  including  standing  timber 
within  meaning  of  fire  insurance 
policy.     6-569. 

"Property,"  meaning  as  used  in  tax  stat- 
utes.    2-755. 

"Property  of,"  as  meaning  property  owned. 
2-810. 

"Proper  vice"  of  animals  carried.     1-158. 

"Proportionately,"  as  applied  to  rent  of 
damaged  premises.     1913A-1102. 

"Pro  rata,"  "pro  rate."     1918C-791. 

"Provided,"  as  same  legal  effect  as  "ex- 
cept."    6-731. 


WORDS  AND  PHRASES— Continued. 

"Provided"  in  statute  as  meaning  "but" 
or  "and."     1-752. 

"Provided,"  meaning  of  term.      1912C-1087. 

"Public  conveyance,"  as  applied  in  acci- 
dent policy.     1913A-845. 

"Public  funds."     1916B-1239. 

"Public  highway."     17-804;  1912C-607. 

'Tublic    institution."     1913C-587. 

"Public  purpose,"  within  law  exempting 
from  taxation.     1918E-88. 

"Public  track."     1918E-234. 

"Public  use"  for  which  property  may  be 
taken  by  eminent  domain.  2-50;  14- 
903;  19120-1002. 

"Public  works."     11-594. 

"Quasi-public  corporation."     18-1063. 
"Quick  with  child."     21-526. 

"Railroad,"  as  distinguished  from  street 
railway.     1913C-582. 

"Railroad   track."     191SE-237. 

"Railway,"  as  applied  in  statutes  abrogat- 
ing   fellow-servant    doctrine.     8-1087. 

"Railway  track."     1918E-242. 

"Rate  of  fare,"  as  applied  to  passenger 
traffic.     21-91. 

"Rates"  in  lease  as  including  water  rents. 

8-111. 
"Ravish."     9-417. 

"Real  estate"  in  will  as  including  lease- 
hold.    20-1089. 

"Reasonable  \  cause  to  believe"  in  Bank- 
ruptcy Act  relating  to  preference. 
16-826. 

"Reasonable  doubt."     11-1019. 

"Recent,"  "recently."     1918A-S14. 

"Regard"  or  "regarded"  as  synonymous 
with  "deem"   or  "deemed."     16-482. 

"Relative"  in  statute  against  lapsing  of 
legacies  or  devises.     10-920. 

"Relative"  as  meaning  blood  relation.     10- 

920. 

"Remaining  due,"  legal  meaning.  1918E- 
791. 

"Removing    from    state."     1912D-470. 
"Rent."     1918A-148. 

"Rent,"  distinction  between  rent  and  roy- 
alty.    1916E-1225. 


WORDS  AND  PHRASES. 


949 


WORDS  AND  PHRASES— Continued. 

"Repair,"  as  applied  to  use  of  scaffolding 
under  English  statutes.     18-624. 

"Repairing."     1913B-1138. 

"Require,"   legal    meaning.     1912A-1232. 

"Residence,"  as  synonymous  with  domicile. 
1915C-7S6;  1918A-155. 

"Residence"  in  jurisdiction  within  personal 
property  or  inheritance  tax  law. 
1917B-726. 

"Residue,"  meaning  as  employed  in  wills. 
3-720. 

"Retail."     20-494, 

"Returning  to  state."     1912D-471. 

"Revenue,"  legal  meaning.  1918B-200, 
224. 

"Revenue   debts   or   charges."     1918B-219. 

"Revenue  laws."     1918B-213. 

"Revenue  measure."     1918B-218. 

"Revenue  tax."     1918B-219. 

"Riding  as  passenger."     1913A-841. 

"Right  heirs,"  as  used  in  will.     16-298. 

"Right  of  wnv,"  as  applied  to  railroad. 
1918D-1040. 

"Right    of    way."    in    accident    insurance 

policy.     12-46. 
"Riot."     11-185. 

"Road,"  as  including  street.     1914A-775. 
"Roadbed"    in    accident   insurance    policy. 

12-46. 
"Roadwav,"      as      applied     to      railroads. 

1918D-728. 

"Royalty."     1916E-1225. 
"Running  at  large."     9-284. 

"Said,"  legal  meaning.     1917D-603. 

"Said  premises,"  as  applied  in  lease. 
1913A-1102. 

"Salary."     1917B-321. 

"Satisfactory"  in  contract  of  sale  provid- 
ing that  title  shall  be  satisfactory. 
8-273. 

"Satisfactory"  or  "competent"  as  used  in 
contract  for  services  of  theatrical  per- 
former.    1914B-8. 

"Scaffolding."     18-621;    1913B-1134. 

"Scaffolding,"  meaning  as  used  in  Work- 
men's   Compensation    Act.     1917D-15. 

"School."     1912B-1353. 


WORDS  AND  PHRASES— Continued. 

"School"  or  "schoolhouse"  within  statute 
prohibiting  sale  of  liquor  within  cer- 
tain   distance    thereof.     16-924. 

"Scintilla  of  evidence."     1918B-943. 

"Seal."     1912C-42. 

"Seaman."     17-104. 

"Security,"  "securities,"  legal  meaning. 
1914D-623. 

"Seller,"  within  English  Pharmacy  Act. 
20-493. 

"Serious,"  as  applied  to  illness  in  life  in- 
surance application.  20-291;  1918  A- 
682. 

"Serious  and  wilful  misconduct."  1916A— 
790,  791. 

"Servants,"  as  used  to  designate  legatees. 
2-866;  1912A-486. 

"Settlement,"  in  reference  to  paupers. 
13-691. 

"Severance"  of  limb  or  member  under  ac- 
cident insurance.     1917B-1011. 

"Severe,"  as  applied  to  illness  in  life  in- 
surance application.     20-291;     1918A- 

682. 

"Shaft,"  "shafting,"  as  applied  in  safe- 
guarding statutes.     18-652. 

"Shall"  and  "may"  occurring  in  same 
statute.     4r-420. 

"Share,"  as  applied  in  wills.     19156-574. 

"Side-track."     1918E-234. 

"Sidewalk."     20-1046. 

"Similar."     18-792. 

"Similar    purpose."     18-795. 

"Sister,"  as  including  half-sister.     9-140. 

"Skeleton  track."     1918E-234. 

"Soundness"  in  express  warranty  on  sale 
of  horse.     21-1003. 

"Speaking  demurrer."     14-348. 

"Spur-track."     1918E-234.  >. 

"Stable."     1912B-453. 

"Stage  of  the  proceedings."     14-969. 

"Standing  or  walking  on  railroad"  as  ap- 
plied to  accident  policy.     12-47. 

"Still  due,"  legal  meaning.     1918E-791. 

"Stock   dividends."     9-290. 

"Storage  tracks."     191SE-234. 

'Store,"  legal  meaning.     1913E-1125. 


950    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


WOEDS  AND  PHRA.SES— Continued. 

"Storing"  as  applied  to  prohibited  articles 
within  fire  insurance  policy.  13-540; 
a9-414;  1913B-133. 

"Stranger,"   legal    meaning.     1912D-1189. 

"Street  railways"  distinguished  from  com- 
mercial   railroads.     4-449;    1913C-579. 

"Stnicture."     18-622;  1913B-1135. 

"Subcontractor,"  as  applied  in  mechanic's 
lien  law.     1917C-802. 

"Subscription,"  as  applied  to  witnesses  of 
wills.     16-1091. 

"Sum  due,"  legal  meaning.     1918E-792. 

"Sunstroke,"  in  accident  insurance.  10- 
854. 

"Surface,"  as  applied  to  conveyance  or 
devise  of  land.     1913D-127. 

"Survivor"  in  wills,  as  meaning  "other." 
4-581. 

"Sweating,"  as  applied  to  extortion  of  con- 
fessions.    1915C-135. 


"•Switching,"      as      applied 
charges.     1914B-366. 


to      railroad 


"Taken  or  damaged,"  as  epplied  to  dam- 
aging property  under  constitutional 
provisions.     10-850. 

"Taxes,"  as  including  local  assessments. 
12-589. 

"Taxes"  in  lease  as  including  water  rents. 
8-111. 

"Taxes   due,"   legal   meaning.     1918E-792. 

"Taxpayer,"    legal    meaning.     1914C-1057. 

"Team  track."     1918E-234. 

"Tenantable,"  meaning  in  lease.  1913A- 
1101. 

"Tenor,"    legal    meaning.     1914B-660. 

"Tent,"  legal  meaning.     1918B-138. 

"Terminal   company."     1915D-1247. 

"Then,"  as  applied  in  construction  of  will. 

1913B-321. 
"Thing,"  legal  meaning.     1915A-25. 

"Thing  adjudged."     1915A-32. 

"Thing  duly  done."     1915A-32. 


"Thing  of  value,"  legal  meaning. 
30. 

"Thing  patented:"     1915A-32. 

"Things  in  action."     1915A-31. 


1915A- 


WORDS  Ain)  PHEASES— Continued. 

"Threatening   letter"  within  statute  prohib^ 
iting  sending  thereof.     1912B-457. 


"Tide-lands,"     as     within 
lands."     1-185. 


term     "ptiblie 


"Timber."     19-1051. 

"To"  in  computation  of  time.     2-518. 

"Tool,"  vehicle  as  tool  within  exemption 
statute.     1917D-96. 

"To  sell,"  as  applied  to  authority  of  real 
estate  broker.     8-851. 

"Total  destruction."     1913A-1100. 

"Total  disability,"  as  applied  under  Work- 
men's Compensation  Act.    1915B-1000. 

"Total  disability,"  as  applied  to  accident 
insurance.  7-815;  21-1031;  1918C- 
113. 

"Town."     1914B^215;  1914D-230. 

"Track,"  as  applied  to  railroad.  1S18E- 
233. 


"Trade,"     as     applied 
1916A-1198. 


to      occupations. 


"Trade,"  as  applied  to  restraint  of  trade. 
1912D-767. 

"Trading  votes"  as  misconduct  in  office. 
1915A-1148. 

"Train,"  as  applied  in  federal  Safety  Ap- 
pliance   Act.     1915C-671. 

"Transacting  judicial  business."     1-280. 

"Traveled  part"  with  reference  to  high- 
ways.    5-148. 

"Traveler,"  meaning  as  applied  to  liquor 
sales  by  hotel  on  Sunday.     17-817. 

"Traveler"  within  exception  in  statutt 
against  carrying  concealed  weapons. 
21-448. 

"Traveling  as  passenger."     1913A-841. 

"Unavoidable  cause,"  as  used  in  federal 
twenty-eight  hour  law.     21-826. 

"Under  the  influence  of  intoxicants"  in 
accident  policy.     13-516. 

"Unless"  as  same  legal  effect  as  "except." 
6-731. 

"Unmarried  woman,"  meaning  within  se- 
duction statute.     17-65. 

"Unoccupied,"  as  applied  to  insured  build- 
ings.    1912D-82. 

"Untenantable,"  as  applied  to  leased  pro- 
mises.    1913A-1101. 


WORK  AND  LABOR. 


951 


WORDS  AND  PHRASES— Continued. 

"Untrue,"  as  applied  to  answers  in  insur- 
ance applications.     8-1156. 

"Using,"  as  applied  to  prohibited  articles 
within  fire  insurance  policy.  13-540; 
19-414. 

"Vacant,"  as  epplied  to  insured  buildings. 
1912D-82. 

"Valuable  papers,"  within  rule  that  holo- 
graphic will  must  be  found  among 
valuable  papers.     5-636. 

"Valuable  thing,"  legal  meaning.  1915A- 
30. 

"Variance,"  as  applied  to  pleading  and 
proof.     1913D-68. 

"Vehicle,"  a«  including  motor  vehicle.  6- 
922;   1913B-755;   1916B-513. 

"Vicinity."     18-736. 

"Village."     1918D-258. 

"Visible  injury,"  as  used  in  accident  in- 
surance policy.     1915A-537. 

"Visitorial  powers."     1  Ann.  Gas.  130. 

"Void  if  detached."     19-457. 

"Voluntary  exposure  to  unnecessary 
danger"  in  accident  policy.  10-451; 
18-1125. 

"Wage-earner,"  as  applied  in  Bankruptcy 
Act.     20-979. 

"Wages."     1917B-321. 

"Walking  on  railroad,"  as  ^applied  to  ac- 
cident policy.     12-47. 

"Watercourse."     3-208. 

"Wear  and  tear."     13-96. 

"Wearing  apparel,"  in  exemption  statute. 
15-159. 

"Wharfage."     13-384. 

"Wholly  due/'  legal  meaning.     1918E-792. 

"Widow,"  as  including  "divorced  widow" 
within  meaning  of  Compensation  Act. 
1918E-419. 

"Width"   as   meaning  "depth."     1-752. 

"Wife"  of  testator  within  meaning  of  be- 
quest or  devise.     12-756. 

"Wilful"  in  Bankruptcy  Act.  3-169;  5- 
771. 

"Wilfully,"  as  applied  to  offenses.  1914B- 
742. 


WORDS  AND  PHRASEa— Continued. 

"Wilfully,"  as  used  in  federal  twenty-eight 
hour  law.     21-825. 

"Wilful  misconduct,"  as  applied  to  public 
officers.     1912C-1083. 

"Winner,"  as  applied  to  gaming.  1918E- 
140. 

"With  meals."  '  17-817. 

"Woman,"  as  including  both  adults  and 
children.     10-958. 

"Work,"  within  prohibition  of  Sunday 
law.     1913D-797. 

"Working  place,"  under  statute  requiring 
miner  to  keep  working  place  safe. 
1915A-1231. 

"Workman,"  within  meaning  of  Compensa- 
tion Act.  1913C-28;  1916B-793; 
1918B-704. 

"Wound."     12^183. 

"Wrongful  act,"  as  basis  for  civil  liabilit7. 
9-706. 


WORK  AND  LABOR. 

Brother's  or  sister's  services  in  6am« 
family,  implied  contract  to  pay  tor 
services.     8-203. 

Child's  services  rendered  during  minority 
to  person  standing  in  loco  parentis, 
right  of  child  to  recover.     20-394. 

— presumption  as  to  right  of  payment  for 
services  by  child  to  parent  who  is  not 
of  same  household.     6-512. 

Contracts  involving  both  transfer  of 
chattel  and  labor  thereon,  applica- 
bility of  statute  of  frauds.  19-1292; 
1914C-584. 

Note  given  for  past  services  rendered  by 
one  member  of  family  to  another,  en- 
forceability   of    note.     1913A-865. 

Eemedy  for  services  performed  under  con- 
tract void  under  statute  of  frauds. 
1913A-288. 

Services  in  consideration  of  will,  running 
of  statute  of  limitations  against  ac- 
tion for  services  performed  in  consid- 
eration of  oral  agreement  to  com- 
pensate by  will.     8-113. 

Uncle's  or  aunt's  or  nephew's  or  niece's 
services,  implied  contract  to  pay  for. 
1913C-307. 

Usury,  performance  of  work  on  credit  as 
within    usury    law.     20-1134. 


962     INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


WORKING  CONTRACTS. 

See    Building    and    Working    Contracts; 
Mechanics'  Liens. 


WORKING  PLACE. 

What  is,  under  statute  requiring  miner  to 
keep  working  place  safe.  191oA- 
1231. 


WORKMAN. 

Who  is  "workman"  within  meaning  of 
Workmen's  Compensation  Act.  1913C- 
28;    1916B-793;    1918B-704. 


WORKMEN'S  COMPENSA- 
TION. 

Accident  or  injury  within  act,  disease 
as  an  accident  within  meaning  of 
Workmen's  Compensation  Act.  2-140; 
15-886;  1913A-1121;  19I8B-309,  345, 
354. 

— eyesight,  what  constitutes  loss.  1918A- 
533. 

— "injury"  or  "personal  injury,"  what  ia 
within  meaning  of  act.  1915C-921; 
19I8B-362. 

— loss  of  limb  or  part  thereof,  what  con- 
stitutes within  act.  1918A-536; 
1918D-179. 

— total  disability  under  act.  1915B-1000; 
1917E-240. 

— war,  applicability  of  act  to  injury  aris- 
ing from  war.     1917C-760. 

— ^what  accident  arising  out  of  and  in 
course  of  employment  is  within  pur- 
view of  act.  1913C-4;  1914B-^98; 
1915A-126;  1915C-779;  1916A-388; 
1916B-1293;  1916D-584,  694;  1916E- 
166;  1917D-195,  199,  209;  1917E-321, 
332;   1918D-683;   1918E-813,   1168. 

Allowance  or  award,  increase,  decrease, 
termination  or  suspension  of  allow- 
ance. 1916E-889;  1917E-469;  1918B- 
733. 

— ^loss  of  earning  capacity,  right  to  com- 
pensation as  dependent  on.  1917E- 
156. 

— ^lump  sum  award  under  act.     1918B-694. 

— right  to  compensation  or  award  under 
act  as  vesting  in  beneficiary.  1917D- 
1169. 

Appeal,  review  of  facts  under  act. 
1916B-475;    1918B-647. 


WORKMEN'S  COMPENSATION  —  Con- 
tinued. 

"Average  weekly  earnings,"  meaning  of 
phrase  in  workmen's  compensation  or 
similar  act.  1913D-1024;  1914C-1S6; 
1916B-519;  1916C-892;  1916D-729; 
1918B-640;    1918E-1054. 

— tips  as  part  of  earnings  or  wages. 
1918B-1122. 

Constitutionality  of  Workmen's  Compensa- 
tion Act.  1912B-174;  1915A-247; 
1916B-1286;  1917E^401,  839;  1918B- 
611. 

Defenses,  contributory  negligence,  statutes 
affecting  defense  in  actions  by  ser- 
vants against  masters.     5-633. 

— disobedience  of  rules  as  affecting  right 
to  compensation  under  Workmen's 
Compensation  Act.  8-21;  1912 A-92; 
1913C-17. 

— insurance  or  other  benefits,  receipt  as 
affecting  right  to  compensation  under 
act,     1918B-635. 

— intoxication  of  employee  as  precluding 
recovery  under  act.  1915B-997; 
191SB-686. 

■ — negligence  precluding  recovery  under 
Workmen's  Compensation  Act.  1913C- 
17. 

— "serious  and  wilful  misconduct"  of  em- 
ployee as  affecting  recovery.  1916A- 
791. 

Dependents,  child  in  statute  relating  to 
workmen's  compensation  as  including 
illegitimate    child.     1918B-258. 

. — "living  together"  by  husband  and  wife 
or  other  member  of  family  what  con- 
stitutes.    1915B-880. 

— parent's  right  of  action  as  affected  by 
award  to  minor.     1916D-1172. 

— previous  payment  to  injured  employee  as 
affecting  award  to  dependent.  1915C- 
863. 

— release  by  deceased  as  affecting  rights 
of  dependents  under  act.     1915B-830. 

— residence  of  beneficiary  as  affecting  right 
to  compensation.  1912D-862j  1918B- 
634. 

— who  is  dependent  within  Workmen's 
Compensation  Act.  1913E-480;  1918B- 
479. 

Election  with  respect  to  acceptance  of  pro- 
visions of  act,  right  to  and  effect. 
1915C-308;    1918A-700;    1918B-71o. 

Employees  within  act,  domestic  servants, 
liability  of  master  under  act  for  in- 
juries.    1917D-504. 


WORTHLESS  AETICLES— WRISTS. 


953 


WORKMEN'S  COMPENSATION  —  Con- 
tinued. 

— maritime    employees   as   within   purview 

of    act.     1916B-88,     2S0;     1917E-919;. 

1918B-661. 
— person  employed  in  violation  of  law  as 

entitled    to    compensation    under    act. 

1918B-679. 
— railroad  employees  as  within  purview  of 

act.     1914D-663;     1916A-821;     1916B- 

280;    1917D-1148;    19186-664. 
— workshop,    employment   in   workshop    as 

vdthin  act.     1917D-18,  42. 

Evidence,  admissibility  of  statement  by  in- 
jured employee  respecting  cause  of  in- 
jury.    1916C-775;   1918B-545. 

Foreign  jurisdictions,  applicability  of  act 
to  injury  received  in  another  jurisdic- 
tion. 1914D-377;  1916B-162;  1917E- 
515;  1918B-625;  1918D-317. 

Industrial  insurance,  nature  and  construc- 
tion of  policy.     1918B-1186. 

Liiability  insurance,  carried  by  employer, 
insolvency  of  employer  as  affecting 
right  of  employee  to  benefit  thereby. 
1912C-159. 

Medical  examination  of  workmen,  provi- 
sions in  acts  respecting.  1914C-86; 
1915C-918;    1918B-670. 

Neglect  of  statutory  duty  by  employer  as 
permitting  action  by  employee  for  per- 
sonal injuries  notwithstanding  Work- 
men's  Compensation  Act.     1918D-334. 

Notice  of  injury  under  act.  1917D-S67, 
881,  883,  886;   1918C-1042. 

Nursing,  gratuitous  services  rendered  in- 
jured employee,  right  to  recover  for. 
1915B-855. 

Occupations  or  employments  within  pur- 
view of  act.     1917b-4,  33,  38,  39,  42. 

"Plant,"  meaning  of  term  as  used  in  act. 
I917A-323. 

Proceeding  under  act  as  governed  by  rules 
applicable  to  actions  generally. 
1915A-741. 

Recovery  under  act  as  precluding  re- 
covery against  third  person.  1916B- 
1224;   1917E-682. 

"Serious  and  wilful  misconduct"  of  em- 
ployer as  affecting  recovery  under  act. 
1916A-790. 

— employee's  serious  and  wilful  misconduct 
as  affecting  recovery.     1916A-791. 

State  as  employer,  liability  within  act. 
1914B-889. 


WORKMEN'S  COMPENSATION— Con- 
tinued. * 

Statutes,  partial  invalidity  of  Workmen's 
Compensation    Act,    effect.     1916D-68. 

— repeal,  what  statutes  are  impliedly  re- 
pealed by  Workmen's  Compensation 
Act.     1916E-773. 

— retroactive  operation  of  Workmen's  Com- 
pensation Act.     1918B-617. 

Surgical  operation,  refusal  to  submit  as  af- 
fecting right  to  compensation  under 
act.     1915D-482. 

Third  person  injuring  employee,  act  as  ap- 
plicable  thereto.     1915D-156. 

"Workman,"  who  is  within  meaning  of  act. 
1913C-28;  1916B-793;  1918B-704. 


WORTHLESS  ARTICLES. 

Eescission  of  sale  contract  of  worthless 
articles  as  requiring  restoration  in 
toto.     1912A-669. 


WORTHY  MOTIVE. 

Admissibility  of  evidence  in  mitigation  of 
damag^es  in  action  for  false  imprison- 
ment.    1914A-1018. 


WOUNDS. 

Death  resulting  from  treatment  of  disease 
caused  by  wounds  as  defense  to  charge 
of   homicide.     16-576;    1916C-692. 

Inadequacy  of  verdict  for  injury  described 
as  "wound."     1916B-442. 

Opening  of  wound  as  accident  arising  out 
of  and  in  course  of  employment  within 
Workmen's  Compensation  Act.  1913C- 
7. 

What  constitutes  "wound."     12-183. 


WRECKS. 

Value  of  wreck  as  element  in  determining 
constructive  total  loss  of  vessel.  12- 
23. 


WRISTS. 

Excessiveness  or  inadequacy  of  verdict  for 
injury  to  -wrist.  16-29;  1913A-1371; 
1916B-444. 


954:    INDEX  TO  THE  NOTES,  1  ANN.  CAS.  TO  ANN.  CAS.  1918E. 


.WRITINGS. 

Attorney's  lien  on  writing  in  his  possession 
connected  with  litigation.     1917D-149. 

Measure  of  damages  for  loss  or  destruction 
in  absence  of  market  value.  9-1148; 
1917B-579. 

Stopping  work  temporarily  for  purpose  of 
writing  as  affecting  relation  of  em- 
ployer and  employee.     1913C-948. 

WRITING-SCHOOL. 

What  is  writing-schooL     1912B-1355. 

WRIT  OF  ERROR. 

See  Appeal  and  Error. 

United  States  supreme  court,  writ  there- 
from as  staying  proceedings  in  state 
court.     1912A-259. 

Void  judgment,  decree  or  order,  right  to 
review  by  writ  of  error.    20-280. 

WRIT  OF  INQUIRY. 

Eight  to  execute  writ  on  Sunday.  1916B- 
17. 

WRITS. 

See  Assistance;  Attacluuent;  Coram  Nobis; 

Mandamus;  Process;  FroMbition. 
Habeas  corpus  as  paramount  in  authority 

to  all  other  writs.     1914A-S29. 
Parol  proof  of  contents  of  lost  or  destroyed 

writ.     1916D-252. 


WRITTEN  INSTRUMENTS. 

See  Contracts;  Deeds;  Frauds,  Statute  of; 
Rescission,  Cancellation  and  Reforma- 
tion; Wills,  i 

Acknowledgment  by  maker  as  curing  fail- 
ure to  subscribe  name.     1913A-398. 

Alteration  or  destruction,  secondary  evi- 
dence to  prove  contents.     9-484. 

Attorney's  liability  to  client  in  preparing, 
recording  or  keeping.     1917B-22. 

Blanks,  implied  authority  to  fill,  so  as  to 
complete  signed  instrument.  2-331; 
1912B-1010. 

Delivery  on  secular  day  of  instrument  ne- 
gotiated on  Sunday  as  validating  con- 
tract.    20-37. 

Denial  of  execution,  right  of  one  party 
after  death  of  other.     17-398;  1918 A- 

777. 

Interlineations  or  alterations  made  before 
execution,  admissibility  of  parol  evi- 
dence to  explain.     1913C-344. 

Malicious  prosecution  on  charge  of  statu- 
tory offense  relating  to  written  instru- 
ment, excessiveness  of  verdict.  1916C- 
262. 

Modification  by  parol  as  within  statute  of 
frauds.     1-728. 

.WRONGFUL  ATTACHMENT. 

See  AttaclimexLt. 


WRONGFUL  DEATH. 

See  Deatli  by  Wrongful  Act. 


X 


X-RAYS. 


Toundation  for  introduction  of  photographs 
in  evidence.     1-161;  10-962. 

Injuries  caused  by  use  of  X-rays,  liability 
of  physician.  1-21;  1912C-1124; 
1916B-341;  1918E-258. 


X-EAYS — Continued. 

Photographs  as  evidence.  S-435;  1916A- 
776;  1918D-998. 

Workmen's  compensation,  injury  arising 
from  X-ray  experiments  as  accident 
within  purview  of  act.     1913C-14. 


YOUNG  MEN'S  CHRIS- 
TIAN ASSOCIATION. 


Y 


Charitable  institution,  whether  association 

constitutes.     1912D-427. 
Exemption      from      taxation.     1912A-357, 

360. 


YOUNG  WOMEN'S 
CHRISTIAN  ASSOCIA- 
TION. 

Association       as       charitable     institutioH. 
1912D-427. 


Siiii 


'^^^»«" 553  172    8 


1 


^    000 


L 


ARY 


DISTRICT  COURT  Of  APPEAL 

2nd  Appellate  District 


